Lori Vallow and Chad Daybell have had their cases severed. | Fremont County Jail.
ST. ANTHONY — District Judge Steven Boyce made a major decision in the Chad and Lori Daybell case on Thursday. He severed the two defendants’ cases, and they will now be tried separately.
The couple is charged with multiple counts of first-degree murder and conspiracy to commit murder for 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.
The separation comes as a result of new DNA testing, which was just given to all parties involved in the criminal case. Since the results came back so close to the April 3 trial date, the defense attorneys for both Chad and Lori felt there was too little time for additional testing to be done on the sample.
Boyce stated that because the evidence was not given to the defense by the state in a timely manner, and Lori has refused to waive her right to a speedy trial, he felt there was no option but to sever the cases.
As a result, Chad’s trial has now been vacated from April 3 and will be rescheduled for a later date. But because Lori has not waived her right to a speedy trial, her court proceeding will continue as scheduled next month.
“I have to balance these rights of these defendants in this case,” Boyce said. “Severance is the only option I see.”
Boyce expanded on the consequences of the severance, saying Chad’s trial date could be scheduled as far out as six months from now.
“The length of the delay, if I were to continue this, it would be up to Ada County and I don’t believe it could be a short delay,” Boyce said. “It would have to be more than six months additionally.”
Thursday’s hearing was a continuation of a discussion that began at a hearing on Monday regarding the new DNA evidence, which is hair that was found at the crime scene. During Thursday’s hearing, Lori appeared in person, and Chad appeared from jail via Zoom.
John Prior, Chad’s attorney, also attended virtually from his Boise office. Prosecutors Lindsey Blake, Rob Wood, and Rachel Smith were in attendance, along with Jim Archibald, Lori’s attorney. John Thomas, another of Lori’s attorneys, was not present.
Prior noted the importance of this new evidence and how crucial it is for his client to be able to have a fair trial, which would need to be held at a later date.
“That evidence provides, at least from my perspective, an explanation potentially of where Mr. Daybell and I are going to go in this particular case,” said Prior. “I need to have an opportunity to test that evidence.”
Archibald agreed with Prior, saying that if he were in his shoes, he would do the same thing.
“If my client waived her speedy trial, I would also be asking for extra time. But since she has held that right and held it close to her,” said Archibald. “I have to respect that constitutional autonomy that she has.”
Both Lori and Chad have pleaded not guilty to all charges.
The post Two trials will now be held in Chad and Lori Daybell case appeared first on East Idaho News.
Source: eastidahonews.com
Two trials will now be held in Chad and Lori Daybell case
More from Crime WatchMore posts in Crime Watch »
- Polygamous leader made sexually explicit calls from jail to child wives, prosecutors say
- Jared Bridegan murder: Ex-wife’s new husband arrested, indicted, while her family releases statement
- Man who allegedly had a stolen handgun faces felony charges
- Utah man charged with killing a trophy deer, letting it waste on another man’s property
- Pocatello man charged after aiming shotgun at woman
More from Daybell CaseMore posts in Daybell Case »
- Death penalty off the table in the trial for Lori Vallow Daybell
- Judge to rule on death penalty, evidence motions as Lori Daybell murder trial inches closer
- ‘This is unfair.’ Victims’ families ask judge to reconsider camera ban in Daybell trial
- Documents: Lori Daybell reveals more on children’s deaths and wants to meet with Chad Daybell
- Daybells appear in court together for the first time; trial date set
More from LocalMore posts in Local »
- Pocatello makes plans for new water slide as crews demolish old one
- Shoshone-Bannock Early Childhood Program breaks ground on new gymnasium
- East Idaho highways close due to blowing, drifting snow
- Man who allegedly had a stolen handgun faces felony charges
- Utah man charged with killing a trophy deer, letting it waste on another man’s property
More from St. AnthonyMore posts in St. Anthony »
- Death penalty off the table in the trial for Lori Vallow Daybell
- Judge to rule on death penalty, evidence motions as Lori Daybell murder trial inches closer
- UPDATE: Authorities identify man who took his life in weekend standoff
- Man dies by suicide on ID-32 after standoff with police
- Highways in eastern Idaho close due to winter storm
Be First to Comment