While murder defendant Lori Vallow-Daybell will not deny her right to a speedy trial, she knows that delaying her trial by three months gives her lawyers greater latitude to prosecute. ready for his case.
“If the court moves his course from Oct. 11, 2022 to Jan. 9, 2023, he understands that he will give his defense team more time to prepare,” Vallow-Daybell’s attorneys wrote. Jim Archibald and John Thomas to file in court Thursday.
Archibald and Thomas submitted the court documents after prosecutors filed on May 2 asking to continue his case from October until the originally scheduled January 2023, Boise trial. Initially, Vallow-Daybell had to settle with her fifth husband and co-defendant Chad Daybell.
“If both cases are not set for trial at the same time, it will result in improper severance,” the prosecutors wrote in the court filing.
During an April 19 hearing in which he pleaded “not guilty,” Vallow-Daybell declared his right to a “speedy trial.”
Vallow-Daybell faces the death penalty after being accused of killing her children Tylee Ryan, 16, and JJ Vallow, 7. She has been in prison since Feb. 20, 2020 after refusing to hand over children to authority.
Four months later, and on June 9, 2020, law enforcement found the bodies of children buried in Chad Daybell’s Salem grounds. He was soon arrested.
In May 2021, Daybells was accused of killing two children. Chad Daybell was also charged with the murder of his first wife Tammy Daybell and was charged with insurance fraud after pocketing $ 430,000 in life insurance benefits after his death. He married Vallow-Daybell two weeks after Tammy Daybell died.
Chad Daybell pleaded not guilty to the charges.
Shortly after Vallow-Daybell was indicted, Seventh District Court Judge Steven Boyce ordered him to be sent to a mental health facility in Idaho for treatment. Following his release from the facility last month, Vallow-Daybell was arraigned. The arraignment means that public funds can be used to cover his legal fees. Vallow-Daybell pleaded “not guilty” to the charges.
“He has met several times with his defense team, which now consists of lead counsel, co-counsel, mitigation specialist and an investigator,” Vallow-Daybell’s attorneys wrote in their filing. “He understands that his defense team spent a lot of time going through the mountain upon the discovery of this case to prepare for trial.”
The lawyers involved in the case have always referred to that “mountain of discovery” as “huge.”
Archibald and Thomas, who both qualify for the death penalty, wrote that Vallow-Daybell was aware of a possible conviction in his case that there was potential for the death penalty.
“He understands the increased scrutiny of a potential death penalty case,” the lawyers wrote.
The men noticed that Vallow-Daybell’s mental health was still a concern and could cause him to be readmitted to the mental health facility.
“None of the experts working with the court and the Idaho State Department of Health and Welfare have claimed that he damaged or developed his mental illness,” the attorneys wrote. “He understands he’s going to go through more mental health testing, because a neuropsychologist approved for the defense team will meet with him next month.”
Vallow-Daybell and his attorneys will meet in front of Boyce at 10 a.m. Thursday, at the Fremont County Courthouse. During the hearing, they will review a motion “Find good cause to continue the trial and prevent improper disconnection.”