GUILTY TRIAL OF CHAD DAYBELL CHARGED WITH MURDER OF JJ VALLOW, TYLEE RYAN AND TAMMY DAYBELL #7

[Artis]

I had that question too and looked it up. Basically, some discovery issues that the judge said didn't give defense enough time to prepare.

https://www.idahostatesman.com/news/local/crime/article275347416.html

Thank you and I do remember now. She demanded her right to a speedy trial and she had Archibald who specializes in DP cases to make that argument.

 

[SteveS]

It needs to be said that the jury did NOT actually decide on the DP for CD. The jury made a determination of the facts - whether each murder contained aggravating circumstances by being (a) for remuneration, or (b) especially heinous, capricious, or exceptionally cruel - and then whether there were mitigating factors that would make the application of the death penalty "unjust."

They reported their findings to the court. Yes, and yes, for 3 murders there were aggravating circumstances x 2, and no to the presence of enough mitigating circumstances to matter.

But the actual decision of an application of the DP was then left to the judge, based on the jury's determination of the facts.

------------------

Artis, for LVD, the DP was taken off the table due to misconduct by the state. They were under speedy trial limits with her. The state was given a drop-dead date to submit full disclosure of evidence to the defense in her case, in time to allow her to examine important evidence and ALSO factor in how to work it into both the main trial and also a sentencing phase that comes with a DP possibility.

Then the prosec busted past that deadline with more evidence that they provided later. It also needed time-consuming testing to figure out its value and what it revealed.

The trial at that point could not be delayed without violating her speedy trial rights - to do so would have required them to dismiss the charges on constitutional grounds. At that point there were real questions that the case might have been dismissed, because of violation of her rights to see the evidence and have time to prepare for it.

So Boyce said the state had to take the DP - with its added 2nd trial preparation issues for the defense - off the table, in light of the fact that they were submitting evidence to them much later than the deadline that had been imposed by the court for fairness.

Chad/JP opted to have the evidence that came late, and test it if he wished, and have plenty of time to consider it. That forced the cases to be tried separately, which Chad had been pursuing (presumably so he could blame the others, as his defense). But as a result, the DP stayed on the table for his case.

 

[Cindizzi]

Someone please remind me of the reason that the DP was taken off the table for Lori.

[…]

The Daybells, who had a monthslong affair before getting married on a Hawaii beach, were initially expected to be tried together in a double capital murder trial. Their cases were ultimately severed because of new DNA evidence and, just before Lori Vallow Daybell’s trial, the judge removed the death penalty as an option after prosecutors filed voluminous amounts of evidence past deadlines — causing concerns about the defense’s ability to prepare for trial.

[…]

https://www.idahostatesman.com/news/local/crime/article288919316.html

 

[Artis]

It needs to be said that the jury did NOT actually decide on the DP for CD. The jury made a determination of the facts - whether each murder contained aggravating circumstances by being (a) for remuneration, or (b) especially heinous, capricious, or exceptionally cruel - and then whether there were mitigating factors that would make the application of the death penalty "unjust."

They reported their findings to the court. Yes, and yes, for 3 murders there were aggravating circumstances x 2, and no to the presence of enough mitigating circumstances to matter.

But the actual decision of an application of the DP was then left to the judge, based on the jury's determination of the facts.

------------------

Artis, for LVD, the DP was taken off the table due to misconduct by the state. They were under speedy trial limits with her. The state was given a drop-dead date to submit full disclosure of evidence to the defense in her case, in time to allow her to examine important evidence and ALSO factor in how to work it into both the main trial and also a sentencing phase that comes with a DP possibility.

The the prosec busted past that deadline with more evidence that came later.

The trial at that point could not be delayed without violating her speedy trial rights - to do so would have required them to dismiss the charges on constitutional grounds. At that point there were real questions that the case might have been dismissed, because of violation of her rights to see the evidence and have time to prepare for it.

So Boyce said the state had to take the DP - with its added time-consuming preparation pressures for the defense - off the table, in light of the fact that they were submitting evidence to them much later than the deadline that had been imposed by the court for fairness.

Chad/JP opted to have the evidence that came late, and have plenty of time to consider it. That forced the cases to be tried separately, which Chad wanted. But as a result, the DP stayed on the table for his case.

Thanks for that detail, Steve. So, in separating himself from his exalted partner in crime goddess, Chad reaped an unintended consequence. Too bad, so sad.

 

[sassyblue]

I "think" a question was asked of the prosecutors at the press conference as to whether Chad would be left in jail in Boise or returned to Eastern ID for processing. It was hard to hear the question even though I was watching local live coverage on my TV at that point.

The Prosecutors briefly discussed it...and in the beginning they seemed to have not been able to hear the question properly either then said we will not comment on that. MOO.

I wonder where he is tonight and if the children of the lovely, wonderful mother, Tamara Douglas Daybell can visit him locally before he is transferred back to Idaho Maximum Security down here in Southern Idaho.

I hope he stays put in Boise and the kids will have to travel to see him from now on. As a mother I can't believe they chose him over their mom. JMO.

 

[lonetraveler]

I am

I am happy about the death sentence, it is a fitting sentence for what he did. In a way I think it will be easier for the victims to proceed with their lives now, than if Daybell had got LWOP. Closure.

I'm happy about the death sentence as well, I just wish that Lori was sitting on Death Row as well.

 

[Artis]

I "think" a question was asked of the prosecutors at the press conference as to whether Chad would be left in jail in Boise or returned to Eastern ID for processing. It was hard to hear the question even though I was watching local live coverage on my TV at that point.

The Prosecutors briefly discussed it...and in the beginning they seemed to have not been able to hear the question properly either then said we will not comment on that. MOO.

I wonder where he is tonight and if the children of the lovely, wonderful mother, Tamara Douglas Daybell can visit him locally before he is transferred back to Idaho Maximum Security down here in Southern Idaho.

I hope he stays put in Boise and the kids will have to travel to see him from now on. As a mother I can't believe they chose him over their mom. JMO.

I don't know about the other four but I don't think Emma can process the truth of what's happened. She tries so hard to be logical and there is nothing logical about any of this. I really, really, really hope she gets help.

 

[lonetraveler]

And I still think JP is ticked at CD…

Looks like the Honeymoon is over.

 

[indicolite22]

They reported their findings to the court. Yes, and yes, for 3 murders there were aggravating circumstances x 2, and no to the presence of enough mitigating circumstances to matter.

SBM. There were two additional aggravating factors found, related to 1) disregard for human life and 2) propensity to commit murder.

All factors listed here:

A - The murder of TYLEE was committed for remuneration or the promise of remuneration - YES
B - The murder of JJ was committed for remuneration or the promise of remuneration - YES
C - The murder of TAMMY was committed for remuneration or the promise of remuneration - YES
D - The murder of TYLEE was especially heinous, atrocious or cruel - YES
E - The murder of JJ was especially heinous, atrocious or cruel - YES
F - The murder of TAMMY was especially heinous, atrocious or cruel - YES
G - By the murders... the defendant exhibited utter disregard for human life. - YES
H - The defendant, by his conduct... has exhibited a propensity to commit murder which will probably constitute a continuing threat to society. - YES

The mitigating circumstances are NOT compelling enough to make the imposition of the death penalty unjust.

Boyce was kind enough to present a laymen's explanation: "The jury has made a finding that it would be appropriate to impose the death penalty."

 

[lightofmine99]

PICTURES

I very rarely experience schadenfreude but when I scrolled past these pictures I got the biggest grin and started laughing.

MOL (my own laugh)

 

[lonetraveler]

And now, the jury is victimized, too. They will have to struggle with having made a decision that might have been difficult, and that may cause them some pain. That’s something else Chad Daybell is guilty of.

I feel that the jury will be more traumatized by the photos of the dead children. I've been on a death penalty trial as a juror. You never forget the photos of the children.

 

[Caylee Advocate]

poem for jj and tylee - Google Search

 

[BUF]

Nate did a quick Courtroom Insider posted on his FB between things going on at CrimeCon. He will have a full Courtroom Insider tomorrow night at the usual time when he will be back at home, including his interview with Summer Shiflett.

He ended with a photo video of the four victims (Charles included) that is worth a watch…remembering what this whole thing is about.

Log into Facebook

 

[mickey2942]

Well, it has been a long road. I wonder what Nate is going to do next...

 

[k-mac]

I don't know about the other four but I don't think Emma can process the truth of what's happened. She tries so hard to be logical and there is nothing logical about any of this. I really, really, really hope she gets help.

I dunno Artis.
There is nothing logical about judging people as light and dark and she is deeply enmeshed in that nonsense.
Yes she needs help. She is not right in the head. :-(

moo

 

[fred&edna]

OMG. I'm not even clicking on those links. No way in hell would I serve on jury where I had to be exposed to that. With video taped evidence, California didn't have to make that deal.

It was only audio recordings - not video. 'Still horrendous.

 

[Artis]

It was only audio recordings.

Evidence enough.

 

[887sMtreme]

I feel that the jury will be more traumatized by the photos of the dead children. I've been on a death penalty trial as a juror. You never forget the photos of the children.

Oh yes, I completely agree. That’s a whole other topic. And of course, the medical examiners and law enforcement had to experience the reality. Their jobs often expose them to horrifying things, but this case will no doubt generate uniquely awful memories. We owe them our sympathy along with gratitude.

 

[Sillybilly]

This thread is now closed.

Please continue discussion on Thread #8.