BOISE, Idaho — Just a few days from the start of the Lori Vallow Daybell trial, a last-minute hearing in Boise, Idaho Wednesday delved into if family members who plan on testifying can sit in the courtroom, namely Joshua “JJ” Vallow’s grandparents Kay and Larry Woodcock.
Judge Steven Boyce Wednesday issued an order stating anyone who is a witness being called to testify cannot sit in on other witness testimony. The only exception is for those who also classify as victims in the case.
The prosecution and defense argued back and forth on what defines a victim– and if it includes the Woodcocks.
The trial will decide if Vallow Daybell is responsible for the deaths of her adopted son JJ, her teen daughter Tylee, and Tammy Daybell– the late wife of Vallow Daybell’s husband, Chad Daybell.
The Woodcocks plan to stay in Boise for the trial’s duration and intended on attending court every single day.
Fremont County prosecutor Rob Wood explained that the Woodcocks are on the prosecution’s witness list, along with other family members including Lori’s sister Summer Shiflet, Lori’s son Colby Ryan, and Tammy Daybell’s sister and brother-in-law, Samantha and Jason Gwilliam.
Judge Boyce said the definition of a victim is not entirely clear in Idaho law.
Defense attorney James Archibald explained that he believed the only victim on the witness list who should be allowed to watch others testify, under Idaho statute, is Colby Ryan– who is Tylee’s half-brother and JJ’s adoptive brother– because he is an immediate family member of the homicide victims.
Archibald argued that grandparents are not considered immediate family and therefore not victims.