FILE - In this March 6, 2020, file photo, Lori Vallow Daybell glances at the camera during her hearing, with her defense attorney, Edwina Elcox, right, in Rexburg, Idaho. Attorneys for Vallow Daybell asked an Idaho judge on Tuesday to separate two conspiracy counts against her. (John Roark/The Idaho Post-Register via AP, Pool, File)
ST. ANTHONY, Idaho — The attorneys for Lori Vallow Daybell were in court Tuesday asking an Idaho judge to separate to two conspiracy counts against her.
In addition to murder, Vallow Daybell is also facing multiple counts of conspiracy to murder and conspiracy to commit grand theft.
Attorneys for the state of Idaho claim that Vallow Daybell and her husband Chad Daybell conspired to kill her two children and then collect their social security funds.
Vallow Daybell’s attorneys counter by claiming the counts as they are currently written would be too confusing for a jury during a trial.
The prosecution says the counts are not confusing because a grand jury already understood them.
Vallow Daybell previously plead not guilty in connection to the death of Daybell’s first wife, Tammy. She also pleaded not guilty in connection to the deaths her two children, JJ and Tylee.
The judge said he will decide on the conspiracy counts in the coming days and will release a written opinion.
Vallow Daybell’s trial is expected to begin early next year.
If convicted of the conspiracy to commit murder count, Vallow could face the death penalty.
Mark Jones contributed to this article.
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