Lori Vallow Daybell: ‘Doomsday Mom’ motion to remove judge from her AZ case fails
Published By admin with Comments 0
PHOENIX – Just days ahead of her second trial in Arizona, the so-called ‘Doomsday Mom’ made another, ultimately failed move aimed at removing the judge who is presiding over the case.
According to legal documents we received, Lori Vallow Daybell has filed a motion to remove Judge Justin Beresky from the case, citing “personal bias or prejudice against her.”
“As a result, the defendant cannot receive a fair or impartial hearing or trial before this Court,” read a portion of the documents.
In the documents, Vallow Daybell stated that she had made motions for Judge Beresky to recuse himself from her cases, and alleged that he has “refused to recuse, knowingly and willingly violating the code of Judicial Conduct.”
Vallow Daybell also alleged that a rule related to speedy trials was violated, as well as alleging religious beliefs discrimination based on words Judge Beresky said during trial proceedings on April 9.
On May 29, a different judge denied Vallow Daybell’s motion.
During court proceedings on May 29, things got heated in the courtroom following the review of 300 juror questionnaires, with Vallow Daybell having issues to take up with the same judge that she tried to remove from the case.
In one exchange, Vallow Daybell wanted an explanation on the aggravation phase when someone is found guilty of a crime.
In this case, Vallow Daybell is accused of conspiring with her late brother, Alex Cox, to have him shoot her ex-nephew-in-law Brandon Boudreaux in Gilbert back in October 2019. Ultimately, the attempt on Boudreaux’s life failed. However, Vallow Daybell was found guilty in April of conspiring in the murder of her Charles Valley, and she stipulated to the aggravation phase, which happens after a guilty verdict, so the phase never happened. She has yet to be sentenced for the recent conviction.
If found guilty after this trial, the state intends to cover its bases and present aggravating factors to prove to a jury that this was a dangerous crime. Now, Vallow Daybell is arguing why she must go through this phase if she is found guilty, and asked for a probable cause hearing ahead of a potential aggravation phase.
Things became contentious as the judge had to explain how the court of law works.
Content retrieved from: https://www.fox10phoenix.com/news/lori-vallow-daybell-doomsday-mom-files-motion-remove-judge-from-her-arizona-case.
