Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #55

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Imo MM is being very peculiar about this request. He has been LVD lawyer since very early on once she arrived at the women’s detention center in Rexburg. And his amount of time spent there has been immense to say the least. So why wasn’t it an issue from day one? Why is he all of a sudden so concerned? It seems like he’s throwing things out hoping something sticks. Which I supppose is kind of his job, but some of these requests he makes seems extra.

All jmo moo

I suspect that the issues being expressed by MM and JP have to do with recent discovery :)

Although not posting much I do appreciate your updates !
 
Neither JP or MM will remain on this case as I believe they will be charged with 1st degree murder.

Idaho is a DP state and representation of those with first degree murder charges requires that legal representation is death penalty certified.
I stated threads ago that I did not believe MM or JP would be on this case much longer, and still believe that to be the case.
 
Does Utah code apply when it comes to Tammy's exhumation?

From 26-4-12 Order to exhume body -- Procedure:

(2) (a) A body may not be exhumed until notice of the order has been served upon the executor or administrator of the deceased's estate, or if no executor or administrator has been appointed, upon the nearest heir of the deceased, determined as if the deceased had died intestate. If the nearest heir of the deceased cannot be located within the jurisdiction, then the next heir in succession within the jurisdiction may be served.

They obtained a Court Order for the exhumation.
I believe it would be in the purview of the authorizing Judge to make an alternative ruling with respect to next of kin, considering that CD was a suspect in her death.
Perhaps her sister?
I would be interested to know who the executors of the estate would of been.
Just a guess and JMO.

ETA

"In the call recordings, the Fremont dispatcher is puzzled why an Arizona detective is calling. “So why is someone from Arizona wanting to know?” the dispatcher asks. “That’s crazy.”

“Yeah, isn’t it funny how everything ties together?,” the detective answers. “We just have some cases down here, that… that got our attention with Miss Daybell.”"

Daybell family reportedly 'refused' autopsy, according to police recordings - East Idaho News
 
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If there are charges coming regarding Tammy wouldn't it make sense to send it back to Fremont? They already have a case open and could easily add charges without having to open a separate court case. I would think that would make it easier on the witnesses as well. I could be wrong I am not a lawyer. I thought they moved it to the AG because there was a lack of resources on the county level for the type of investigation needed for Tammy and not necessarily for the prosecution if it came to that. I may be overly hopeful justice will come for Tammy so I can't wrap my head around it being a nothing burger. jmo

They would not combine charges of TD death with that of JJ and Tylee.

Any charges resulting from TD death probably would create an automatic appeal and possible reversal, that has been upheld previously, so there is precedent with respect to what type of charges can be combined.
I think with this case it is going to be a matter of who was in line first.
 
Wednesday, February 17th:
*Motions Hearing (re all charges) (@ 9am MT) – ID – Joshua Jaxon (JJ) Vallow (7) & Tylee Ashlyn Ryan (16) (JJ last seen 9/23/19 & Tylee on 9/9/19, Rexburg; found 6/9/20 buried in Daybell’s yard in Salem, ID) – *Chad Guy Daybell (51/now 52) arrested & charged (6/9/20) & arraigned (8/21/20) with 2 felony counts of destruction, alteration or concealment of evidence & concealing remains. Plead not guilty. $1M bond.
*Charged (7/1/20) & arraigned (8/21/20) with 2 felony counts of conspiracy to commit concealment, destruction or alteration of evidence. Plead not guilty. Bond stays at $1M.
Trial set to begin 7/12/21 thru 8/6/21 all @ 9am
Court info from 6/10/20 thru 1/6/21 reference post #540 here:
Found Deceased - ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #55

1/8/21 Update: Motions hearing on 1/8/21. Closing arguments. Court denies Motion to disqualify Wood off the case. Court "encourages civility" among all the attorneys but will not force Wood to apologize for this conduct. The Idaho State Bar may take this under their review in the future & if so the Court will be notified of that. Most of the denial of the motion was supported due to the fact that the Court does not know if the State will be calling Summer to testify, and because of that he is unable to render a decision on whether or not this pretrial activity will affect the trial. The judge said they would get together over the calendar next week, to set a date for the other motions. 1/20/21 Update: Next for Daybell: Motion to Compel on 2/17/21 @ 9am. And for both for Motion to Dismiss & Motion to Change of Venue on 3/22/21 @ 9am.
2/12/21: Prior's response to Means' Motion re Fremont County visits, he has had not problems: Declaration of Counsel for Chad Daybell in Response to Motions.

ALSO:
*Motion to Compel (@ 9:30am MT) - *Lori Norene Vallow aka Lori Norene Daybell (46/now 47) arrested (in Kauai, Hawaii), Charged (6/30/20) with 2 counts of conspiracy to commit destruction, alteration or concealment of evidence. Bond set at $1M.
Trial set to begin on 7/12/21 thru 8/6/21 all @ 9am
Court info from 3/5/20 thru 1/6/21 reference post #540 here:
Found Deceased - ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #55

1/8/21 Update: See info above for Daybell. 1/20/21 Update: For both: Motion to Dismiss & Motion for change of Venue on 3/22/21 @ 9am.
1/25/21: Supplement Declaration of Counsel Mark L. Means in Support of Motion to Compel. Defense attorney Means wants his client to be given a cell phone so they can communicate with each other; motion was filed on 1/19/21 in Fremont County. In the motion, Means argues that he could not meet face-to-face with Vallow/Daybell in an attorney-client room from March until June. Over the past nine months, the Madison County Jail & other facilities in Idaho have implemented restrictions on visitors due to the COVID-19 pandemic. Means says from March 30 to June 9, he was only permitted to communicate with Vallow/Daybell on the telephone. Motion to compel hearing on 2/17/21.

2/10/21: On 1/19/21 Defendant filed a "Motion for Reconsideration" requesting the Court to "reconsider & amend its Order re: Motion for Disqualification of the Prosecutor Mr. Robert Wood". Order DENYING Motion for Reconsideration.
2/12/21: State's response to Defendant's Declared Motion for Order directing attorney client privilege communications. Wood does not object to Mean's request for in-person meeting, he objected to the request for the jail security video to be turned off during those meetings.

Madison County: Pretrial conference hearing on 8/17/21 & trial set to begin on 8/30/21 (thru 9/3/21 @ 9am).
 
They would not combine charges of TD death with that of JJ and Tylee.

Any charges resulting from TD death probably would create an automatic appeal and possible reversal, that has been upheld previously, so there is precedent with respect to what type of charges can be combined.
I think with this case it is going to be a matter of who was in line first.
Do you have a reference for this please?

I'm interested because it makes sense to me to combine the trials (if murder charges come) because all the deaths are interlinked by same players, patterns of behavior and motivation. Even though motive doesn't have to be proved it makes sense to have a cohesive story, and if one death is stand alone that probably reduces what the jury can hear about and oversight which would be very material. MOO
 
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Neither JP or MM will remain on this case as I believe they will be charged with 1st degree murder.

Idaho is a DP state and representation of those with first degree murder charges requires that legal representation is death penalty certified.
I stated threads ago that I did not believe MM or JP would be on this case much longer, and still believe that to be the case.
BBM

This isn't correct and it has been clarified in previous threads.

Only if the defendants become indigent or they stop retaining their own attorneys then court appointed attorneys must be so qualified.

I.C.R. 44.3. Standards for the Qualification of Appointed Counsel in Capital Cases. | Supreme Court
 
Anyone watching? Sounds like Prior left his mic open during the recess. Judge ruled any conversations/discussions Wood has had related to this case be turned over to the defense whether or not they are an actual "statement". Means is looking for comments made by witnesses that were not necessarily in a written transcript or a deposition. At least that is my understanding of what has been ruled on. Anyone else have a different take on the Judges ruling?
 
This is a quick version hope to add more later when off mobile. Means & Prior argue that they still have not received everything from the State, including anything about their meeting with ithnSummer or Zulema. The say they never would’ve known about what was said without the recording.

Woods tried to argue that convos with witnesses “are not statements” so that they don’t need to be turned over to the Defense. Tried to argue it is attorney work product.

Court disagreed and granted their motion. IMHO Woods seems like he wanted to keep as many of his convos with witnesses to themselves and not hand them over to the Defense. I think it’s ridiculous that he tried to argue that the convos aren’t “statements” but text messages and emails and other stuff is. Just doesn’t seem good that he didn’t even tell the Defense he met with them until it came out through others.
I’m glad the Court granted some of their motion even though it’s not going to really help them escape any charges.
 
Also IMHO Woods just appeared sloppy in some arguments, not only did., as the Judge noted multiple times, file a reply 8 days late it did not come close to providing reasons for why it was late and/or why the material Defense being asked for is not being handed over (other than him saying their interview is “not a statement”)

how is a formal interview conducted at a police station not result in a “statement” when text messages and emails and social media posts have and can be “statements”? Oh, well I guess when you try to frame the meeting with Summer as “introduction” then it doesn’t result in a statement. Just seemed poor arguments from the State IMO, for once I really agreed with Prior and Means. The State should not get to decide what is relevant to Discovery material(s) or not.
 
For the first time in this entire case, my faith in Rob Wood is waining. The fact that MM was the opponent with the upper hand makes me sick to my stomach. I kinda hope that MM just got lucky and this will be the only thing he throws at the wall that actually sticks. I think RW has gotten a little cocky, which can cause carelessness, and that this minor win for MM will bring RW back down to earth. I would hate to see these or future charges dismissed. Ugh. Jmo
 
Questions for our legal websleuthers:
I was of the belief that the prosecution was only required to turn over exculpatory evidence. So, question #1, am I mistaken in that belief? If not, question #2, who determines what is exculpatory?

Thank you to anyone who can clarify this for me.

@gitana1 ?

No, they need to turn over more than just exculpatory evidence. Sometimes the requirements can be different depending on state and type of case (MOO). Here is a link to the Idaho Criminal discovery rules: I.C.R. 16. Discovery and Inspection | Supreme Court (idaho.gov)
 
For the first time in this entire case, my faith in Rob Wood is waining. The fact that MM was the opponent with the upper hand makes me sick to my stomach. I kinda hope that MM just got lucky and this will be the only thing he throws at the wall that actually sticks. I think RW has gotten a little cocky, which can cause carelessness, and that this minor win for MM will bring RW back down to earth. I would hate to see these or future charges dismissed. Ugh. Jmo
Seems like Prior said he was going to file something again..why did it seem like Woods was so sloppy in this..Time to go maybe?
 
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