Mother of missing Idaho kids could have hearing postponed; defense seeks judge’s removal

REXBURG — The preliminary hearing for Lori Vallow Daybell likely will be postponed until early May, and her attorneys requested that Magistrate Judge Faren Eddins be disqualified from the case.

Daybell was scheduled to appear for a two-day hearing March 18-19, but court documents show that Madison County Prosecuting Attorney Rob Wood and one of Daybell’s attorneys, Mark Means, are requesting that proceedings be held May 7-8 at the Madison County Courthouse. Means also filed paperwork asking that Eddins no longer preside over the case. A reason was not listed.

Daybell remains in the Madison County Jail on $1 million bail — an amount that was reduced from $5 million by Eddins. She is charged with two counts of felony child desertion and nonsupport of children, along with several misdemeanors. Her children, Tylee Ryan, 17, and Joshua “JJ” Vallow, 7, have been missing since September, and Daybell did not adhere to a court order to produce the children to an Idaho Department of Health and Welfare Office by Jan. 30.

She was arrested in Hawaii in February and eventually brought back to Idaho.

During the preliminary hearing, Wood will need to prove that there is enough evidence on the felony charges for the case to proceed to District Court.

Rexburg defense attorney Joshua Garner, who is not connected to the case, told EastIdahoNews.com that there could be a variety of reasons for the continuation of the hearing.

“The state might need additional time to gather and prepare witnesses, to gather evidence, and there could potentially be charges from other jurisdictions that they might know about and they’re trying to consolidate them all together,” Garner says. “When it does happen, the state will put on a portion of their case to show probable cause. The defense is there to cross-examine and try to narrow down the issues and find additional information that has not been released.”

If the case does advance to District Court, Daybell will face a jury trial, unless a plea agreement is worked out.