Idaho prosecutors: Lori Daybell ‘intended for children’ to die, participated in killings
Prosecutors say they plan to present “sufficient evidence” that shows Lori Vallow Daybell intended for two of her children and Tammy Daybell to die, and that she participated in the deaths of the kids.
That’s according to court documents filed last Thursday by Madison County Prosecuting Attorney Rob Wood and Fremont County Prosecuting Attorney Lindsey Blake ahead of a hearing that will take place this Thursday.
The prosecutors also expressed “serious reservations” about Daybell’s request to meet with her husband and co-defendant, Chad, and they argue that her alleged actions make her eligible for the death penalty.
Lori and Chad Daybell are 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, and Chad’s previous wife, Tammy Daybell.
Death penalty response
Prosecutors are seeking the death penalty against the Daybells, but Lori’s attorneys filed a motion this month arguing that Blake and Wood have not been specific enough in stating why their client is eligible for that possible punishment.
Defense attorney Jim Archibald asked District Judge Steven Boyce to declare the death penalty unconstitutional in the case and take it off the table. In a newly filed objection to Archibald’s motion, prosecutors explained their argument.
Blake called the facts in the case “egregious and heinous.”
“The evidence the state will introduce at trial, some of which a grand jury has already reviewed, will establish that the defendant intended for her children and her boyfriend’s wife to die, and that she affirmatively acted to make those deaths happen.”
Lori’s attorneys filed a notice of alibi this month, saying that her children died in the apartment of her brother, Alex Cox, while she was in her own apartment, and that she was in Hawaii when Tammy Daybell died.
Response to Chad and Lori meeting
In a separate court filing, prosecutors responded to Lori’s request to meet with Chad in person and talk with him on the phone for “strategy sessions” ahead of their joint trial.
Archibald said he and co-counsel John Thomas would attend the meetings and phone conversations, along with John Prior, Chad’s attorney, and the conversations would not be recorded or used as evidence.
“The state has serious reservations about allowing the co-defendants to have face-to-face, or other communication directly with each other,” Wood wrote. “The state recognizes that the defendants have agreed to not use any evidence or information they may obtain through any discussions or meetings against each other; nevertheless, the state is not willing to make a similar agreement.
“Any communications between each individual defendant and his/her attorney(s) are confidential; however, having the other defendant and/or his/her counsel present would make them potential witnesses of statements made by the other defendant and eliminate any claim to attorney/client privilege.”
While not completely objecting to the idea of the Daybells meeting, Wood asked Boyce to consider objections raised by prosecutors.
DNA testing
Prosecutors acknowledged in another court filing that hair samples recently discovered by the Idaho State Lab may be used to determine whether there is sufficient DNA to create a profile.
Based on court documents filed in July, it’s possible the hair came from duct tape inside a body bag used to transport JJ’s remains, but the new filings did not provide specifics.
The hair could be destroyed while the lab is testing for DNA, prosecutors wrote.
“In the event sufficient DNA is available to create more than one profile, the DNA sample will be split between the parties for testing, and each party may have the expert of their choice test their respective portions of the DNA,” prosecutors said. “In the event sufficient DNA is available for only one profile to be created, the parties agree the State Lab shall halt any further testing and the parties will reconvene at that time to determine who should conduct any further testing.”
Jury sequestration and timing of trial
Legal counsel for both Chad and Lori filed separate motions objecting to having the jury sequestered when the trial begins in the spring.
“The state has failed to provide any rational justification for placing jury members in an isolated environment for almost three months,” wrote Prior, Chad’s attorney. “ … The court has taken the necessary precautions to limit exposure of the evidence in this matter, and an instruction from the court should be more than acceptable to limit outside influences.”
Lori’s attorneys noted that a media camera ban, issued by Boyce in September, has helped reduce pretrial publicity.
Prosecutors also responded to Prior’s motion to postpone the trial until April 2024. Prior said he needs a substantial amount of time to prepare.
“Counsel has represented the defendant for over three years regarding the allegations which are part of this case,” prosecutors wrote. “Presumably, given the length and nature of the representation, it would seem the defendant has had adequate time to consult with his counsel and provide him information necessary to obtain any relevant documents and evidence.”
What’s next
The motions will be heard in front of Boyce on Thursday in Fremont County. Additional hearings are scheduled in February and March before the trial is set to begin April 3 in Ada County. Chad and Lori Daybell have pleaded not guilty to all charges.
This story was originally published January 17, 2023 at 3:18 PM.