Summary of tweets for Tuesday, May 9th - Day 21
State rests their case, as does the defense.
Nate Eaton
@NateNewsNow
·
11h
Attorneys are back and Boyce is on the bench. He says we are breaking for lunch until 12:40 p.m. but some issues need to be taken up outside the presence of the jury. Jurors are dismissed. We will see what those issues are after lunch.
Lori Vallow Daybell will not testify.
We are back in the courtroom. Boyce is on the bench and attorneys are at their tables.
Boyce has some questions on the exhibits and wants to be sure everything has been admitted properly.
Before jurors are brought in, Blake says there is a clerical error in the indictment. She would like to get it corrected and submit an amended indictment to the court. The defense and Boyce are not aware of the error.
Boyce asks prosecutors to discuss the error with defense attorneys and then bring forth a motion. Boyce leaves the courtroom and we are in recess while the attorneys discuss the clerical mistake.
All of the attorneys have left the courtroom. Lori asked John Thomas something and he responded, "Just stay here."
While we're on a break, if you're looking for something to read...here's an interesting story. A Utah woman who recently published a book to help families deal with the unexpected loss of a loved one a year after her own husband’s death is now accused of killing him.
He had recently changed his will & life insurance to go to his sister.
The defense attorneys and prosecutors are back at their tables.
A sketch from the trial this morning.
We are waiting on Judge Boyce to come back into the courtroom.
Boyce is on the bench. "The state is preparing to rest but has brought up two issues. One issue is to argue an amendment or alteration to the indictment in the case."
Rob Wood says the state wants to amend some clerical errors. On two of the counts, 3a and 4a were inadvertently mismarked. Archibald asked for a copy of the amended indictment.
"The indictment that was filed here and signed by a grand jury foreman on May 25, 2021 - two years ago. It has not been amended for two years. We have requested the amendment as her defense team.
That's been denied and now the state is asking to amend it two years later and Idaho code indicates an amendment of an indictment cannot be amended...
so by changing the code sections of the statutes, their proposal is to change the code sections from grand theft with intent to deprive another to grand theft by depiction. These are different charges. They are not just mere clerical errors."
Archibald says this is a big deal and he is concerned about making the change. "This does affect the substantial rights of my clients and if that's the case, this error is fatal."
Wood says Lori was charged with grand theft by deception and argues there was an error in the indictment with the lettering...so it says grand theft with intent to deprive another rather than deception. You can read the indictment here:
https://s3-assets.eastidahonews.com/wp-content/upl
Boyce says Idaho law allows minor changes to the indictment before the state rests but he's annoyed. "The timing if sort of unbelievable for the number of prosecutors who have worked this case for so long. It's not something that came up...until the end of the trial.
This is the kind of motion that clearly the court doesn't like having all of our jurors sitting around waiting for us. This could have been done by motion at any point before now.
At this point the court has to consider it but the rule does make clear until the time the state rests. The state has not yet rested."
Boyce does permit a change to the word "month" when it was listed as "months" in the indictment.
"Because the language of the indictment does include deception in the caption and in the charging language (rather than in the citation, where the error was made), the court would find the indictment may be amended."
Boyce permits changes to the indictment and asks the state to prepare it before jurors go in for deliberations.
Jurors are being brought in.
Lindsey Blake says there are no more witnesses. "The state rests."
Archibald says the defense would like to make a motion outside the presence of the jury. A sidebar is being held.
Boyce says at this stage of the proceedings, it is common to have time for administrative matters. A motion will now be argued outside of the presence of the jury.
Jurors will then be brought back in when it is done and Boyce will announce the schedule moving forward "depending on where things land this afternoon."
Archibald: "Rule 29 provides for a mechanism for the court to review the evidence that's been submitted and determine if there's been sufficient evidence on each count to proceed to the jury.
Under Rule 29 we are asking the court to review the evidence and determine if there is sufficient evidence on each county, including overt acts, to submit the matter to the jury."
"If the court needs time to review the evidence, we are not opposed to the court taking time. While the court reviews it, I will ask for a break so me, my co-counsel and investigator can meet with my client to decide how she wants to proceed with a defense.
I will ask for a 15 minute recess to go to a secure location so we can have an open discussion about my client's right to proceed."
Lindsey Blake says they have presented evidence to support all elements of the indictment and the case is ready to be submitted to the jury at the close of the defense's arguments. She asks Boyce to deny the Rule 29 motion.
Archibald: "If we do not present any evidence, then that issue would be moot in any event."
Idaho Rule 29 is the Motion for Judgment of Acquittal. Archibald is asking Boyce to consider this after reviewing all the evidence. You can read about the rule <a href="
Rule 29. Motion for Judgment of Acquittal | Supreme Court.">here.</a>
Boyce says everyone needs to leave the courtroom except Lori and her defense team so they can meet privately.
There are around 75-100 people waiting outside the courtroom to see what the defense team will say once the doors open up.
We are back in the courtroom. When I walked in, Lori had a big smile on her face.
Boyce is on the bench. He says he has taken Rule 29 under advisement. Archibald says "we don't believe the state has proved its case so the defense will rest."
Boyce tells Lori she has the right to exercise her 5th amendment right and can not be compelled to testify. He asks if it's her decision to not testify. "Yes, your honor." she says.
Jurors are being dismissed for the day. Tomorrow Boyce will meet with the defense and prosecutors to work on jury instructions. Closing arguments will be heard Thursday morning.
Jurors are back in the courtroom. Boyce asks Archibald to advise the jurors how they are proceeding. "After consulting with my client, we don't believe the state has proven its case so the defense rests." A few jurors write things down.
Boyce says the evidence portion of the trial is over. "There will be a jury instruction conference with counsel tomorrow." He says they will be excused tomorrow and resume on Thursday with closing arguments.
Jurors have just left the courtroom. Boyce asks the parties to make themselves available tomorrow. They will meet informally and then there will be formal hearings. Unclear what time proceedings will be held.
“After consulting with my client, we don’t believe the state has proven its case so the defense rests,” Jim Archibald said.
Many of you asked why Larry and Kay Woodcock were absent from the courtroom this afternoon. Here is a statement from Kay:
Thank you all for your concern. This trial has been overwhelming to say the least. Today Larry was overcome with emotions causing him to feel sick. EMT’s checked him & he was okay. We came to our apartment and he took a nap.
We’re relaxing the rest of today and again tomorrow since the jury instruction will be later in the day. We appreciate your support and prayers. (photo of Larry was taken a few weeks ago)
Sketches from today
link:
https://twitter.com/NateNewsNow
www.ktvb.com
