Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #53

[mickey2942]

Chad Daybell's attorney asks for case to be dropped | East Idaho News

"Insufficient Evidence"?! Seriously?! Chutzpah. And waste of time. CD, get another attorney. Stat. This guy isn't helping you with frivolous motions like this.

Dead kids, in your backyard. Equals more than sufficient Evidence for conspiracy charge. And a bunch of others, not yet charged.

 

[Hatfield]

Chad Daybell's attorney asks for case to be dropped | East Idaho News

In article: Wood has not responded to Prior’s motion, and as of Tuesday, a hearing had not been set on the motion to dismiss.

This should be able to be handled by a judge through a simple phone call to one of CD's multiple phones. Any phone will do:
"Denied" hangup.

I suppose all defense attorneys try to get their cases thrown out any chance they get. I am afraid this is one of many attempts the defense will try. JMO

 

[dixiegirl1035]

Snipped your excellent post for focus and hope one of our attorneys can weigh in on this.

So important. I assume the Prosecution can mention this in opening and closing. Is there anything else they can do or say during the actual testimony to stress the importance to the jury?

I really don't know. I expect a very long time for delays and motions in limine. And I'm concerned that Woods isn't someone who has experience with such, or the county has funding to get folks to help him. I would hope to ...... that he has private legal connections all over that can help him.

Again, this case that is now in the courts for a smalllllllllllllllllllllllllll town... if someone was a perp, no better place to do such with inexperienced folks for such a complex case. I don't think at all the the FBI can help direct their legal stuff. Perhaps why Lori moved to East Podunk to carry out as they are such a small community, don't have experience, and cannot carry the financial burden for such a high profile case.

The more I follow this case, the more I think that she and Chad did what Glenn/Firefox said... go over jurisdictional lines to confuse.

... and all went to small town vs. larger towns.

Ha! Surprise though. It's the small town that broke the case. So 1/2 is gone as to their plan as not investigating as a small town. And now perhaps they were counting on inexperience legal prosecution for the case.

Ummm... yuep... the attys they have are over their heads, especially Lori's. MOO

And to answer your question... I don't think that they can. Someone here may give alternative example. MOO

 

[dixiegirl1035]

Chad Daybell's attorney asks for the case to be dropped? What in the Sam Hill?! I am gobsmacked! I'm sure! What a joke.

Cha Ching.. debit on account - Nothing more that normal stuff to charge the client vs. passing to the children of the deceased, which is pffft MOO

Bleed their accounts, as Lori atty still is not one who should be in the game.. but ok with me that he is!

Lori's atty, he's done nothing... Chad case seems to be the driver as to motions.

 

[Monger]

Chad Daybell's attorney asks for case to be dropped | East Idaho News

So after MM watched CD’s preliminary he waived LVD’s Prelim knowing it was a waste of time and money (IMO) and they are going straight to arraignment.

I would think if MM thought it was a close call for CD he would have gone through with the preliminary for her right? But JP really thinks he nailed it and Eddins was wrong? Oh brother. It does seem like JP is trying to drain funds faster than MM can.

 

[dixiegirl1035]

So after MM watched CD’s preliminary he waived LVD’s Prelim knowing it was a waste of time and money (IMO) and they are going straight to arraignment.

I would think if MM thought it was a close call for CD he would have gone through with the preliminary for her right? But JP really thinks he nailed it and Eddins was wrong? Oh brother. It does seem like JP is trying to drain funds faster than MM can.

As to draining funds.... don't we have one lawyer who is at the lock up most days..?? Ca-Ching! Hourly rate!

Hmm, any updates as to visiting in the last week as to the lawyer visiting in town ( from @RexburgSleuth or other locals ) as we had beforehand?

 

[longtimereader]

More time for murder charges to be finessed if it is a stall tactic. Unless it is just Chad's attempt at a delusional jedi mindtrick to make the judge throw it out. He may have done some bibbity bobbity booing from his cell and convinced himself he can control the judge's mind. There is a saying...doesn't hurt to ask. Ha!

 

[ivegotthemic]

I obviously cant say for sure without the case file, but i think this is a tactic being intentionally used to pressure the prosecution. in the article Prior states "the prosecution has yet to present evidence to support when the alleged acts is (sic) supposedly to have taken place and if the defendant acted in any manner to support the allegations." Im guessing the defense hasnt received the results of any of the forensic testing done yet (most likely because the prosecution hasnt gotten it back) and this motion is a way for the defense to get the judge to pressure the prosecution or maybe set a hard date to have everything turned over to them. However, this case is wild so you never know. JMO

 

[mrjitty]

Pure nonsense

The Judge already found for the prosecution in the preliminary

 

[ivegotthemic]

yes but the standard for trial and a preliminary hearing are difference. at the preliminary hearing they only presented personal testimony and circumstantial evidence. to date theres been nothing forensically linking chad to this case as far as i know

 

[dixiegirl1035]

yes but the standard for trial and a preliminary hearing are difference. at the preliminary hearing they only presented personal testimony and circumstantial evidence. to date theres been nothing forensically linking chad to this case as far as i know

And there may never be. That is what is known as a circumstantial case. Which often is a much stronger case than direct case.

MOO

 

[mickey2942]

@dixiegirl1035 I actually think that small towns do better at police work, and have less jurisdictional issues than large cities. I live in a small town, big state, but it seems like things get done faster, because everyone "knows" everyone else.

People who are not friendly don't do well in small towns. I bet LVD rubbed folks the wrong way in Rexburg, if we actually ever heard from her neighbors. I bet that is why the folks over at the storage unit called the police, and it was followed up on...believe me, that would have never happened in a large metro area.

Although, the bad thing about small town folks, is what happened with TD. In a large metro, I doubt CD could have schmoozed someone to skip the autopsy.

Added, I bet that there are some very well qualified attorneys in the area, who passed on this mess.

 

[ivegotthemic]

@dixiegirl1035 I actually think that small towns do better at police work, and have less jurisdictional issues than large cities. I live in a small town, big state, but it seems like things get done faster, because everyone "knows" everyone else.

People who are not friendly don't do well in small towns. I bet LVD rubbed folks the wrong way in Rexburg, if we actually ever heard from her neighbors. I bet that is why the folks over at the storage unit called the police, and it was followed up on...believe me, that would have never happened in a large metro area.

Although, the bad thing about small town folks, is what happened with TD. In a large metro, I doubt CD could have schmoozed someone to skip the autopsy.

I agree theyve done a good job, unfortunately forensic labs are notoriously backed up. in normal circumstances some of the tests requested take months to get back, I can only imagine how much slower it is now with COVID

 

[mickey2942]

I agree theyve done a good job, unfortunately forensic labs are notoriously backed up. in normal circumstances some of the tests requested take months to get back, I can only imagine how much slower it is now with COVID

Yes. I am pretty sure that the FBI is doing the lab work.

COVID-19 has layered a lot of things, back. But it looks like Idaho is moving right along with this case. I am waiting for some game next from the defense to slow it down. The longer they can drag this out, the better for them. Let's see what happens next. Stall tactic...

 

[ivegotthemic]

Yes. I am pretty sure that the FBI is doing the lab work.

COVID-19 has layered a lot of things, back. But it looks like Idaho is moving right along with this case. I am waiting for some game next from the defense to slow it down. The longer they can drag this out, the better for them. Let's see what happens next. Stall tactic...

I would honestly love to see the defense,... on defense. It feels like Defense has had the upper hand since the start of proceedings

 

[indicolite22]

@dixiegirl1035 I actually think that small towns do better at police work, and have less jurisdictional issues than large cities. I live in a small town, big state, but it seems like things get done faster, because everyone "knows" everyone else.

People who are not friendly don't do well in small towns. I bet LVD rubbed folks the wrong way in Rexburg, if we actually ever heard from her neighbors. I bet that is why the folks over at the storage unit called the police, and it was followed up on...believe me, that would have never happened in a large metro area.

Although, the bad thing about small town folks, is what happened with TD. In a large metro, I doubt CD could have schmoozed someone to skip the autopsy.

Added, I bet that there are some very well qualified attorneys in the area, who passed on this mess.

BBM. IIRC the police found information about the storage unit rental (to Lori Ryan) in Lori's appartment after executing a search in late November, which was before the case broke in the media, so there was no tip by the rental facility.

 

[heart8788]

Ummm, wasn't Prior there at the time to state such? Some attys are quick on their feet, others aren't (Almond Joy has nuts, Mounds don't) I guess him asking to the transcript will save the rest of MSM and others from having to pay to transcribe

"Prior claims the accusations against Daybell made in the criminal complaint filed by Wood are “vague and broad.” Prior says that Daybell’s constitutional rights are being violated because he can not be “fairly notified and apprised of when, how and what he is accused of doing.”

"Along with the motion, Prior asked that a transcript of the preliminary hearing be produced and that a hearing to dismiss the charges be pushed out long enough for him to review the evidence and the transcript."

Anyone have link w/ screenshot? to this actual submission yet other than the overview article?

I don't think it's been published online yet, I looked after I posted this.

 

[JolietJake]

Chad Daybell's attorney asks for the case to be dropped? What in the Sam Hill?! I am gobsmacked! I'm sure! What a joke.

JP is probably just doing what he's supposed to do. He's throwing out a one in a million chance that the judge will say, "You're right, Mr. JP. With a search warrant, local law enforcement and the FBI found the two dead kids they've been looking for buried on your client's property. They have been there for the last nine months with the obvious intent of hiding them, but there is no forensic evidence at all. Our mistake. Sorry".

C'mon, JP. You can do better than this.

 

[Gardener1850]

@Gardener1850 I just wanted to say that anytime you want to take your baby back, (the timeline ) please just tag me in a post to let me know. Also feel free to change anything about the way I've done it, since I'm a novice and I found that was the only way I could organize such a beast, you probably have a different method. (Sorry to call your baby a beast, but that's what it became while your back was turned!!)

SBM

Dear @Tortoise ,

The baby beast is officially yours until it leaves the nest, lol!
Seriously, you have been doing such a wonderful job on the timeline and it's very much appreciated. I had not planned to take it back over. I understand what a lot of work it is and
if you need help, please feel free to enlist volunteers from the board. It is a group project and no one person can do it all. I haven't even caught up on these threads yet, but I read the timeline threads to stay up to date on the case. Thank you! You are awesome!

 

[Snowflake_Sue]

I'm wondering - is it possible that Prior has obtained a copy of Tammy's autopsy and it's 'inconclusive'?? Chad hasn't been charged with any felony in relation to Tammy so far. He was still her husband at the time of her death so wouldn't he have a legal right to see it? I'm not saying it will get him off his current charges but Prior and Chad would at least know he's not going to be charged with TD's death anytime soon. Gives Prior a bit more bravado?