Chad Daybell’s attorney accused prosecutors of “grand standing” and “forum shopping” in their request last week that Judge Stephen Boyce reconsider his change of venue order, made when Daybell’s murder trial was still attached to his wife’s.
Lori Vallow Daybell’s trial was severed from Daybell’s because Daybell waived his right to a speedy trial, while she pointedly did not, even though it was delayed anyway as she was twice declared in competent to stand trial and sent to a state mental health facility for treatment, as CrimeOnline reported.
Her trial — on the same murder and conspiracy charges faced by her husband for the deaths of JJ Vallow, Tylee Ryan, and Tammy Daybell — began in March, and she was convicted on all counts in May. She was sentenced to three life sentences, without parole, in July. Vallow Daybell has filed notice that she will appeal, which in turn has delayed her extradition to Arizona, where she faces a conspiracy charge in the murder of her fourth husband, Charles Vallow.
111723 Response and Objection to Motion to Reconsider Venue by kc wildmoon on Scribd
Last week, prosecutors asked Boyce to reconsider that change of venue, which moved the trials from Fremont County to Ada County, 340 miles away. The prosecutors acknowledged that publicity surrounding the case would have made finding a jury in Fremont County difficult but argued that Vallow Daybell’s trial in Ada County transferred that publicity away from Fremont and place the same, if not more onerous, burden on finding a fair jury in that county.
The prosecutors argued to move Daybell’s trial back to Fremont or at least to a county closer for family, friends, and witnesses.
John Prior, Daybell’s attorney, slammed that motion in his answer, accusing the state of “in essence … forum shopping to gain advantage in the upcoming trial” and “engaging in last minute grand standing by attempting to cause potential further delay by seeking a change of venue 4 months before a trial.”
Prior also accused prosecutors of providing “no evidence that any of their selective choices in eastern Idaho would provide any better chance of a fair and impartial trial other than Ada County.” Prosecutors suggested moving the trial back to Fremont County or to another closer county, “such as” two named counties “or another location which does not have the pervasive community saturation which is present in Ada County.”
Prior also threatened a continuance of a hearing on the matter if the court allows a hearing the prosecutors want to present witness testimony.
Prior also objected to another state motion to amend the grand jury indictment against Daybell, complaining that the state had not given him a copy of the proposed changes, which are listed in the state’s motion.
A hearing in Daybell’s case is scheduled for next Wednesday with another scheduled for December 28. The trial is set to start on April 1, 2024.
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[Featured image: Chad Daybell/Rexburg PD]
