Idaho prosecutors want Lori Daybell’s former attorney banned from talking about case

Prosecutors want a judge to ensure that Lori Vallow Daybell and her former attorney, Mark Means, do not comment publicly on the case.

In a motion to clarify a protective order filed Dec. 29, Madison County Prosecutor Rob Wood and Fremont County Prosecutor Lindsey Blake asked District Judge Steven Boyce to prohibit public commentary and dissemination of discovery information by both Daybell and Means. The request came after Boyce disqualified Means from representing Daybell on the case, citing a conflict of interest because Means previously represented Lori’s husband and co-defendant Chad Daybell.

“There is an ongoing concern that privileged information and documents could be disclosed to third parties and or the public,” prosecutors wrote in their motion. “… Former Counsel Mark Means, without discussion with co-counsel Jim Archibald, filed motions publicly discussing confidential information related to Lori Vallow.”

A hearing on the matter is scheduled for Wednesday at 3 p.m. EastIdahoNews.com will livestream the proceedings.

When the grand jury indicted Daybell in May, discovery information, such as police reports, evidence and witness details, was handed over to defense attorneys. Prosecutors argue that information included in the discovery is confidential, and these sensitive documents would be an invasion of people’s privacy if released. They noted that confidential witness information could lead to safety concerns if made public.

“The public discussion of discovery, the defense theory of the matter or the statements of the defendant can cause irreparable harm to both parties when done outside the Rules of Professional Conduct,” prosecutors wrote.

They want the order prohibiting the disclosure of discovery to prevent Means from discussing the case without permission from Archibald or Boyce.

Lori and Chad Daybell are charged with multiple crimes, including conspiracy to commit murder and first-degree murder. The charges are in relation to the deaths of 7-year-old Joshua “JJ” Vallow, 16-year-old Tylee Ryan — two of Lori’s children — and Chad’s first wife, Tammy Daybell.

A trial is scheduled for the couple in January 2023, but Lori Daybell currently remains incompetent to assist in her own defense and is committed to the Idaho Department of Health and Welfare.