Judge to issue ruling on whether to separate Chad and Lori Daybell cases

Published February 24, 2023 By admin with Comments 1

ST. ANTHONY, Idaho — A judge will issue a written decision on whether Chad and Lori Daybell’s trial will be severed, and the couple’s mental health will not be used as they try to convince a jury of their innocence.

These issues were discussed during a pretrial hearing Thursday at the Fremont County Courthouse. Dressed in a blue blouse and black dress pants, Lori Daybell took notes and chatted with her defense attorneys, Jim Archibald and John Thomas, throughout the morning. Chad Daybell wore dress pants with a white shirt and blue tie.

The couple is charged with multiple counts of first-degree murder and conspiracy to commit murder in the deaths of 7-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan — two of Lori’s children — along with Chad’s previous wife, Tammy Daybell.

Their trial is scheduled to begin April 3 in Ada County, but John Prior, Chad Daybell’s attorney, urged District Judge Steven Boyce to sever the cases.

“We’re not going to be prepared for trial on that day,” Prior said. “The trial is going to start in 21 business days. To date, unless I’m mistaken, there is DNA evidence that is still outstanding that I don’t have in my possession.”

Prior argued that once he receives the DNA evidence, he and his team do not have sufficient time to evaluate it.

The evidence is hair currently being tested at a private lab in California because the Idaho State Lab could not sufficiently test it in a timely matter, according to Fremont County deputy prosecuting attorney Tawnya Rawlings. She said they expect results on the DNA on Thursday.

“We don’t have the results now. We don’t know whether they were able to obtain anything. We just know they have the ability to test the hair in a more extensive manner than the state lab,” Rawlings said.

In addition to the DNA testing, Prior argued he has only recently received additional evidence from prosecutors and does not have enough time to go through it all. He accused them of playing a game of “catch me if you can” and said they have not been forthcoming.

“Either they’re trying to sandbag me, or there’s a lot of incompetence, and nobody’s watching or directing the ship,” Prior said. “And judge, for you to punish me and make me go through all this evidence at the last minute because they can’t get their act together, it’s not my fault.”

Prosecutors pushed back and insinuated Prior was exaggerating the amount of evidence he recently received. They did admit some items were turned over to him in the past few weeks because they were found during trial preparations but said the majority of the other evidence has been available to Prior since January 2021.

“The defendant has waited until the eve of trial to raise this issue,” Fremont County Prosecuting Attorney Lindsay Blake said. “The defendant did not request to come and look at the discovery he’s known about for two years. Now, on the eve of trial, he’s saying he was not given adequate time to review the evidence. The state has made accommodations any time the defense has asked to review discovery.”

Boyce did not rule on the motion to sever the cases but said he would issue a written order.

Attorneys for Chad and Lori Daybell said they will not use their clients’ mental health as a defense during the guilt phase of the trial, but it would be discussed if there is a penalty phase.

In death penalty cases, if the jury finds a defendant guilty, the trial then proceeds to a penalty phase where the arguments of witnesses and others are presented before a sentence is issued.

Prosecutors seemed more concerned with Lori Daybell’s mental health.

“The state absolutely intends to talk about issues regarding her beliefs during the guilt phase. With that, we are concerned the defense may then open the door to argue mental health as a defense of the crime,” Blake said.

Content retrieved from: https://www.ksl.com/article/50586236/judge-to-issue-ruling-on-whether-to-separate-chad-and-lori-daybell-cases.