Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #31

[BUF]

Yay 10 minute recess...we all need a break!

 

[watergirl62]

Woods: Talks about Telmate and the system alert procedures about recording.
Mentions that you need to register your phone as an attorney, log in and check the call bank (that is not there).

Bail reduction declaration:
Clearly he knows he is being recorded.
Good cause for a bail reduction?
Not at all. Its a diversion from the facts of the actual case.

Lt Ball turned off recording when realizing what was going on.
Defense has a duty to do something about it when they are alerted that they are being recorded.
On 3/31, he knew they were being recorded.
Not an issue of a mixed up date. he knows how to get it turned off.
They have not shown good cause.
Further argues they have not articulated good cause under rule 46.
Request is improper and misplaced.
Means filing is problematic.
Asks court to deny bail reduction.

Judge needs a 10 minute break to breathe some fresh air. Break until 4:00.

 

[ReadySet]

10 minute recess

 

[EmptyBeaker]

Judge announced a 10 minute recess because she needs a deep breath of air. To resume at 4:00.

 

[SwiftTiff]

My first thoughts as he droned on was he’s pretending to be an idiot so he can get out from being her attorney but who knows. I love how the judge has handled it so far minus the recess and when it comes back he gets to start rambling the same stuff repeatedly again it seems. Lori looks asleep or bored.

 

[kye0001]

I think Lori fell asleep during the end of Means argument about recorded calls.

I’m not sure if it’s because the mask hides her smirk but she seems a bit more downbeat now doesn’t she? Wonder if they’ve started her on meds? JMO

 

[Diddian]

I agree, but they may not have a choice if this continues. This is a first for us and it is way weird, but it may be the new norm for a while.

Just did the tiniest bit of research while the prosecutor was speaking. During the Spanish Flu pandemic in 1918 and 1919, some court proceedings were moved OUTSIDE into parks in the belief that fresh air deterred the spread of the virus.

Can you imagine THIS case being heard outside? What a circus that would become!

 

[StrangerThanFiction]

Means is as illogical and aimless as Loco!!

 

[Emi]

Hey folks I am back here do you want me to post the tweets. I can post tweets that after the break

 

[Anonymous91]

I needed a break, Means was killing my brain cells.

I'm going to listen to this for a good laugh:

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[155etta]

Man does this guy ever shut up. Over an hour and all he has been talking about are these stupid recordings.
He keeps repeating his arguments over and over again. The judge is being too nice, and needs to tell him, to stop beating a dead horse.
This is getting absolutely insane.

Here we go again, let's talk about the recordings for the 167th time.

MOO

Does he bill by the hour or what?

 

[CuriousQuiet1]

Personally, I do think Means, if he were worth his salt, SHOULD have explicitly verified each time he visited that the recording be turned off since these are such unusual circumstances for attorney-client consultations. He claims that he verified the first day, but not on subsequent days since these visits occurred on consecutive days, but certainly under these unusual circumstances, procedures may change from day to day, so the attorney should extend the effort to make sure the conversations remain confidential.

That way, unintentional mistakes - which are more likely to happen under unusual circumstances than in usual circumstances - would not be made and he'd have a better position from which to argue that the recording was intentional and was misused.

And the prosecutor shot him down with "if you register your phone number as you were told repeatedly to do, the calls would not be recorded."

 

[Drc40]

If I understand this rambling disaster he is insinuating some covert recordings but the prosecutor points out he admits to knowing they were being recorded. I haven’t read his pleading but did he admit in his motion to knowing a call was being recorded? He is really throwing out some serious allegations albeit veiled but that’s pretty serious.

Now, there is no way his conversations with her should be recorded but did I also hear that his number might not have been registered in a timely manor? If his phone number is registered that automatically stops any recordings, did I hear that right?

 

[watergirl62]

I needed a break, Means was killing my brain cells.

I'm going to listen to this for a good laugh:

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Thanks A91. Haha, this is perfect.

I actually have that Dre CD.

 

[CuriousQuiet1]

Just tuning in to the court proceedings.

Wow.

IMO the defense lawyer does have a good point if there were recordings made of his discussions with his client and somehow the prosecution got to look at them.

The judge said a similar system that she knows about (not this particular one) does allow online access to look at recorded jail discussions by LE, DAs, Prosecution team, etc.

That sounds like a legitimate concern. Im not sure how the judge could reconcile if that had happened. Maybe one thing she could do is to not allow any statements used in the trial from those discussions.

But even if they are never allowed in the trial, it still would have given the prosecution team an advantage to know what the defense attorney and client discussed.

IMO all jails and how they are handling the COVID crisis need to be very careful in how they are handling things because if they are not careful then more of these types of issues will come up in other trials. I am already aware of another case where the defense lawyer is complaining they cannot guarantee privacy with their client. That is a big deal and it needs to be fixed.

He has a legitimate point for trial or pre-trial. But what is the point for a bail reduction hearing?

 

[fred&edna]

I can't listen again (just don't have the mental fortitude) but I swear I heard Means "suggest" the prosecution (Woods) take the stand to explain (regarding recorded calls)... I couldn't believe it! I didn't make this up, did I?!

 

[Anonymous91]

Feedback is really bad, hope it gets fixed soon.

At least Means sounds better with feedback muting his voice. Great they fixed it.

MOO

 

[MadTing]

Microphone = 4.3D

 

[Emi]

Justin Lum Fox 10 @jlumfox10 2m

Prosecution and defense are back from recess. Court is back in session. #fox10phoenix

Justin Lum Fox 10 @jlumfox10
32s

Means: Economic downturn, relying on husband Chad Daybell for sole income based on book sales. Means asked for bond amount to be $250K. #fox10phoenix

Bond reduction puts client in situation. to help Means improve her defense. Feels LV should also be able to travel to Ada County where his office is. #fox10phoenix

 

[fred&edna]

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