Ahead of the trial set for spring, Lori Vallow is asking to meet with Chad Daybell to discuss their options. According to East Idaho News, Vallow gave a notice of alibi and her attorney asked the judge to not consider capital punishment in her case.
J.J. Vallow and Tylee Ryan, Vallow’s children, went missing in September 2019. Their bodies were later found on June 9, 2020, in the yard of Vallow’s husband, Daybell.
Vallow and Daybell were investigated for the children’s deaths, along with the deaths of their former spouses. They were both charged with conspiracy to commit first-degree murder and grand theft by deception for the deaths of Tylee Ryan and J.J. Vallow. They were additionally charged with first-degree murder for the deaths of Tylee Ryan and J.J. Vallow.
Both Vallow and Daybell face separate charges as well. Vallow was indicted in the state of Arizona for conspiracy to commit first-degree murder related to the death of Charles Vallow and grand theft related to Social Security survivor benefits for the care of Tylee Ryan and J.J. Vallow that were appropriated after the children went missing and were found deceased. Daybell was charged with first-degree murder in the death of Tammy Daybell.
East Idaho News reported that Vallow’s attorney filed a motion for Vallow and Daybell to meet ahead of the trial. Since Daybell was arrested on June 9, 2020, the couple have only spoken one time. They are asking for unrecorded conversations to discuss their options.
Lori Vallow provides documentation of alibi
In a notice of alibi filed on Jan. 5, reviewed by the Deseret News, Vallow’s attorneys claimed that Vallow was in her apartment when her children died and that she was in Hawaii when Tammy Daybell died.
The alibi said, “Lori Vallow was in her own apartment in Rexburg, Idaho, when J.J. Vallow and Tylee Ryan died in the apartment of Alex Cox in Rexburg, Idaho. Defendant was with Melanie Gibb, David Warwick, and/or Chad Daybell. Lori Vallow was in Hawaii when Tammy Daybell died at the home of Chad Daybell in Salem, Idaho. Defendant was with Melani Boudreaux and/or Audrey Barattiero.”
The children’s remains were found on Chad Daybell’s property. Vallow was arrested in Hawaii on Feb. 20, 2020, after she failed to meet the deadline to return her children to Idaho officials. Her children had been missing for two months at that point.
Lori Vallow’s attorneys argue that she is not eligible for death penalty
Vallow’s attorneys, James Archibald and John Thomas, have argued that she is ineligible for the death penalty.
In a motion filed on Jan. 4, reviewed by the Deseret News, Archibald and Thomas argue that she “was not a participant in the deaths, as a conspirator or otherwise, and could not have the foreknowledge that her children, Tylee Ryan and JJ Vallow, or Tammy Daybell would end up dead. Further there is nothing in the record to show that Lori Daybell showed reckless disregard for human life as the Tison Court requires for accomplice liability.”
She was indicted on charges of murder in the first-degree and conspiracy to commit first-degree murder — both of which carry the death penalty as a possible option.
In a previous motion filed on Jan. 2, reviewed by the Deseret News, her attorneys argued that she is not eligible for the death penalty because the death penalty should be ruled as unconstitutional in this case due to prosecution not narrowing down broad options for a jury to consider death penalty.
According to East Idaho News, these motions will be heard in front of District Judge Steven Boyce on Jan. 19 in Fremont County.
Chad Daybell’s lawyer motions to delay trial
While Daybell and Vallow are scheduled to be tried jointly on April 3 in Ada County, Daybell’s attorney John Prior filed a motion to delay the trial until April 2024.
In the motion filed on Jan. 3, reviewed by the Deseret News, Daybell’s attorney argues that his defense team will not be prepared for an April 2023 trial. Prior said his team needs more time to interview witnesses, collect information and review Daybell’s life history.
According to the filing, this motion will be heard in front of Boyce on Jan. 19 in Fremont County.