Daybell lawyer asks to drop charges, prosecution files to combine trials

Sep 3, 2020, 11:00 AM | Updated: Sep 4, 2020, 10:33 am

ST. ANTHONY, Idaho — Two separate motions filed in Idaho Court over the last week are looking to change the way the felony trials for both Chad and Lori Daybell will proceed. 

In one motion filed by Chad Daybell’s attorney, John Prior, last week asked the State of Idaho to dismiss all charges against him, saying the prosecution provided insufficient evidence during their preliminary hearing in early August.

And, on Monday, state prosecutors asked that both cases against the Daybells be combined, arguing their evidence against the two are nearly identical.

Motion to dismiss charges

In two motions filed on Thursday, Chad Daybell’s defense attorney, John Prior, requested more time for a hearing, citing a “lack of sufficient evidence” presented against his client.

“The charges are not supported by the evidence and duplicative as allegations against the defendant. Further, the prosecution has yet to present evidence to support when the alleged acts is supposedly to have taken place.”

Prior says that the prosecution’s assertions were “vague and overly broad” and as such violate Daybell’s constitutional right to be “fairly notified and appraised of when, how, and what he is accused of doing.”

In a separate motion, Prior also requested that the 14-day deadline for a hearing on his request to have charges dropped. be extended because his office had not received a transcript of the preliminary hearing or evidence as part of the court’s discovery.

Motion to combine trials

In another motion filed by special prosecutor Rob Wood on Monday, he asks that both Chad Daybell and his wife Lori’s trials be combined, arguing that the evidence they have in both cases is nearly identical, and as such, the trials would also be nearly identical.

Chad Daybell pleaded not guilty of two felony counts of conspiracy to commit destruction, alteration or concealment of evidence, and two felony counts of destruction, alteration or concealment of evidence.

Lori Daybell’s arraignment is set for Thursday, September 10. She will enter a plea on two felony charges of conspiracy to commit destruction, alteration or concealment of evidence.

According to East Idaho News, “Under Idaho court procedures, co-defendants can be charged under the same complaint if they are accused of participating in the same act or acts of the alleged crimes.”

TIMELINE: Missing Idaho Kids

Wood argues in his memorandum: “the statements the Daybells (and Alex Cox) each made as co-conspirators in furtherance of the conspiracy are allowed as evidence against each of them and as such it promotes judicial economy and efficiency to have each defendant in the same trial while those statements are introduced…

“The evidence presented at Chad Daybell’s preliminary hearing, which will be expanded on at trial, established that the Daybells acted in concert to mislead law enforcement and others in regards to the location of the deceased children’s bodies. Judicial economy would require that the State not be required to try essentially identical cases of husband and wife acting as coconspirators twice.”

What’s next?

Lori Vallow Daybell is expected to be arraigned on Thursday on two felony charges of conspiracy to commit destruction, alteration or concealment of evidence.

Chad Daybell has already pleaded not guilty on two felony counts of conspiracy to commit destruction, alteration or concealment of evidence, and two felony counts of destruction, alteration or concealment of evidence. His jury trial is set to begin on January 11.

EXCLUSIVE: Satellite photo shows Chad Daybell property on likely day of child’s burial

Full transcript of Lori Daybell secret phone call recording

Transcript of Lori Daybell’s call to Chad Daybell on day of children’s discovery

Today’s Top Stories

All News

After six years leading USU, and an overall 32 year career with the school, President Noelle E. Coc...
Simone Seikaly

USU President Noelle E. Cockett will step down

USU President Noelle E. Cockett has been part of the college's community for 32 years.
3 months ago
A national survey finds Utah the third safest state when it comes to drunk driving fatalities....
Simone Seikaly

Utah one of the leading states for low levels of drunk driving

SALT LAKE CITY — Forbes Advisor has ranked American states to determine which have the highest number of drunk drivers involved in fatal crashes. Their results put Utah third in the nation for the lowest rate of drunk driving. The District of Columbia and New Jersey each ranked higher than Utah when considering this data. […]
3 months ago
free transit rides...
Elizabeth Weiler

Free public transit rides come to Heber Valley

HEBER CITY, Utah — In the summer of 2022, Wasatch County Council approved a sales tax which is now providing funding for free public transit rides throughout Heber Valley.  Wasatch County and High Valley Transit entered a three-year, $3 million agreement to offer public bus transit services between Wasatch and Summit Counties, along with micro-transit […]
3 months ago
carbon monoxide poisoning...
Ali Litzinger

Carbon monoxide poisoning on the rise in winter months

SALT LAKE CITY — Winter is approaching and officials want people to know the signs of carbon monoxide poisoning. Last year, nearly 200 Utahns were treated for carbon monoxide poisoning.  The flame in a gas appliance should generally be blue, with some orange. If the flame is mostly yellow, it’s giving off excess carbon monoxide.  […]
3 months ago
nichole olsen was shot and killed outside a nightclub in dowtown salt lake city over the weekend....
Elizabeth Weiler

Man arrested for murder in weekend shooting outside nightclub in Salt Lake

SALT LAKE CITY — A Southern Utah man has been arrested and booked into jail in connection with the shooting death of a Salt Lake City woman over the weekend. Nichole Olsen, 29, was shot and killed outside a nightclub near 300 S. West Temple in Salt Lake City around 2 a.m. Sunday. Police have […]
3 months ago
A “for sale” sign is displayed outside of a house in Layton. 
Photo: Shafkat Anowar, Deseret Ne...
Adam Small

Salt Lake seeing highest drop in home sales, national report finds

Utah's home sales are dropping fast according to a new national report. Prices have dropped by 48% in the last 12 months.
3 months ago

Sponsored Articles

Happy joyful smiling casual satisfied woman learning and communicates in sign language online using...

The best tools for Deaf and hard-of-hearing workplace success

Here are some of the best resources to make your workplace work better for Deaf and hard-of-hearing employees.
Team supporters celebrating at a tailgate party...

8 Delicious Tailgate Foods That Require Zero Prep Work

In a hurry? These 8 tailgate foods take zero prep work, so you can fuel up and get back to what matters most: getting hyped for your favorite
christmas decorations candles in glass jars with fir on a old wooden table...
Western Nut Company

12 Mason Jar Gift Ideas for the 12 Days of Christmas [with recipes!]

There are so many clever mason jar gift ideas to give something thoughtful to your neighbors or friends. Read our 12 ideas to make your own!
wide shot of Bear Lake with a person on a stand up paddle board...

Pack your bags! Extended stays at Bear Lake await you

Work from here! Read our tips to prepare for your extended stay, whether at Bear Lake or somewhere else nearby.
young boy with hearing aid...

Accommodations for students who are deaf and hard of hearing

These different types of accommodations for students who are deaf and hard of hearing can help them succeed in school.
Young woman receiving laser treatment...
Form Derm Spa

How facial plastic surgery and skincare are joining forces

Facial plastic surgery is not only about looking good but about feeling good too. The medical team at Form Spa are trained to help you reach your aesthetic outcomes through surgery and through skincare and dermatology, too.
Daybell lawyer asks to drop charges, prosecution files to combine trials