Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #56

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Tortoise said:
I've read it and read it and read it again - As you infer, it's not an objection because as the heading implies he sees himself gaining from it. It's saying wtte 'if you Mr Wood take Ms Smith on board your conversations with her will be discoverable, because we are going to be calling you as an - exculpatory - witness for LV. And since MM has now put Wood on notice of it - Wood is by implication waiving his right to object to discovery, at a later stage.'

Since it's in MM's objection to pro hac vice admission, I think MM is saying it's a ground for the court to deny the admission of Smith, otherwise court will be endorsing the discovery rights to the conversations which would otherwise be work product and non-discoverable. I see it as like a big threat to the court, or to Wood to withdraw his application, by someone whose imagination is running away with itself.

He's so audacious!

MOO
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Yes and he doesn't cite any case law to support any of his wild theories either!
 
pizzaman12 said:
I asked this a couple weeks ago and did not receive a reply. Anyone out there know? I'm still unclear as to what RW is required to turn over.

Question on the motion that was granted in part and denied in part. 3- Section B (Bolded below) Does this mean RW has to provide the content of any of the conversations he had or ONLY written and/or recorded statements? That seemed to be the argument at the hearing from RW is that a conversation doesn't constitute a "statement".

2) The Special Prosecutor shall state whether he personally has met with the following witnesses or prospective witnesses:

Lori Daybell
Chad Daybell
Alex Cox
Zulema Pastenes
All Daybell Children
Tami Daybell
Adam Cox (and children of Adam Cox)
Colby Ryan
Kelsee Ryan
Parents of Chad Daybell
Parents of Tami Daybell
Parents of Lori Daybell
Melanie Gibb
Summer Shiflet (any family members)
David Warrick
Larry Woodcock
Ethel K. Woodcock (Kay Woodcock)
April Raymond
Annie Cushing
Melani Pawlowski
Ian Pawlowski
Brandon Boudreaux
Heather Daybell
Matthew Daybell

3) For those individuals the Special Promoter identifies as having met or conversed with, the Special Prosecutor shall:

A. Identify to the best of his recollection, the date and time of such meeting/conversation with the specific witness and list the names of any other person present for, or party to, such conversation/meeting.

B. Furnish to the Defendant the statements made by the prosecution witnesses or prospective prosecution witnesses to the prosecuting attorney.

C. Furnish to the Defendant copy of any written or recorded statements of the witnesses or prospective witnesses.
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Here is the link to the judge's exact words: (7) Motion to Compel Hearing for Chad and Lori Daybell - YouTube. His ruling starts at about 44 minutes in and around 47 minutes in he is discussing section B. He basically says to furnish written statements (C.) and any information (that may be verbal as I understand it) in terms of statements relevant to the case in the form of a summary. RW does not need to provide his notes or work product, just a basic summary if anything important was discussed.

Lori Hellis did a great analysis of this hearing and here is her interpretation: "The judge said he would not order the production of material outside the scope of Rule 16. The judge granted Mean's motion to the extent that he ordered Rob Wood to produce a response to the question as to whether the prosecution has discussed the case with the people on the defense's list. He did not require Wood to disclose his notes, only statements. He also said that there was no basis for sanctions (usually ordering one side to pay some of the other side's attorney fees). It means Wood should give the defense a list of the people, if and when communicated with them, and perhaps a summary of the conversation. Wood could satisfy that requirement by reporting that he met with a witness on a certain day and that the witness didn't make any statements that were not in their previous reports prepared by law enforcement. " What Happened in the Discovery Hearing? — The Lori Vallow Story

It really wasn't a concise order so I hope this helps!
 
Countem said:
This seems to be the most plausible answer. You will notice that Alex Cox, who is also now deceased, is also included on the list. While neither person can be called to the stand, I suspect that evidence may eventually be presented concerning things that they said while alive, hence their inclusion in the list. IANAL, though, so it’s just MOO.
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Yes, one slight possibility is that they may have had contact with TD in relation to the attempted shooting investigation for BB. The public facts are really limited on that but we know that LV was under surveillance in early November 2019. I don't know how likely it is because they should have taken the paintball incident more seriously if they had progressed that far into this web. Just a thought, MOO
 
montegrl said:
Yes, one slight possibility is that they may have had contact with TD in relation to the attempted shooting investigation for BB. The public facts are really limited on that but we know that LV was under surveillance in early November 2019. I don't know how likely it is because they should have taken the paintball incident more seriously if they had progressed that far into this web. Just a thought, MOO
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It could also include recovered emails, text messages, phone calls, etc.
 
Forever Young said:
It could also include recovered emails, text messages, phone calls, etc.
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Thanks very much to you, and also @montegrl and @Countem, for explaining this. In particular I hadn't remembered Tammy's direct contact with LE over the paintball incident.

So much to remember in this case. We've questioned these local attorneys' ability to handle this case, but I for one cannot keep all the tangled strands sorted in my own head – let alone trying to weave together for judge and jury a persuasive argument of how things really went down, and exactly who knew or observed what when (regardless of what they say or can't say now). :)
 
Tortoise said:
So on 8th March MM filed a specific request for discovery - asking the state for a list of all authorities and jailers that made comments to Keith Morrison about Lori dancing in her cell and reading Chad's books etc, and any relevant recordings, texts etc.

On 22nd March Wood responded - telling MM he has no duty to collect this evidence and to collect it himself. :)

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Scott Reisch has been saying for a while that MM should do his own investigative work instead of requiring everything from the prosecution. Of course that would likely incur more costs for the defense.
 
indicolite22 said:
It looks like it will be a 2-hour video of Keith's podcast with some additions:

You get to see the podcast plus a whole lot more. Tons of stuff that didn't make it in.

https://mobile.twitter.com/shanebishop/status/1374373452245651468

Did the podcast episodes actually bring any new information?
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It was really fascinating to hear longer versions of Lori talking to police during the wellness check. And if you are really into this devastating case like I am ... it was just interesting... mo
 
If Tylee was not as close to JJ and if she was already out of the house, doing her own thing, then I believe she would still be alive.

Colby was never a problem because he already had his own life, wife and baby. He wasn’t constantly checking on JJ. But Tylee was ALWAYS there and it would be very hard to lie to her about where JJ was.

So, before JJ could go, Tylee had to go first. Lying to JJ about Tylee would be way easier.

But in retrospect, Tylee wouldn’t have been a problem to them if she stayed back in Arizona, or if she decided to go away to college.

Poor JJ didn’t stand a chance though.
 
janewall said:
Thanks very much to you, and also @montegrl and @Countem, for explaining this. In particular I hadn't remembered Tammy's direct contact with LE over the paintball incident.

So much to remember in this case. We've questioned these local attorneys' ability to handle this case, but I for one cannot keep all the tangled strands sorted in my own head – let alone trying to weave together for judge and jury a persuasive argument of how things really went down, and exactly who knew or observed what when (regardless of what they say or can't say now). :)
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Hopefully, with the addition of Rachel Smith to the prosecution, things will get sorted out. I have a feeling that one of her primary qualities is being able to organize a case.
 
Lusitana said:
If Tylee was not as close to JJ and if she was already out of the house, doing her own thing, then I believe she would still be alive.

Colby was never a problem because he already had his own life, wife and baby. He wasn’t constantly checking on JJ. But Tylee was ALWAYS there and it would be very hard to lie to her about where JJ was.

So, before JJ could go, Tylee had to go first. Lying to JJ about Tylee would be way easier. IMO the children were partly in the way and were partly killed because of money. The question is, for how much longer could Lori pretend that they were alive and collect their SS benefits/inheritance?

But in retrospect, Tylee wouldn’t have been a problem to them if she stayed back in Arizona, or if she decided to go away to college.

Poor JJ didn’t stand a chance though.
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Wasn't it claimed that Tylee wanted to stay in Arizona with her friends at first? I wonder if she decided on her own to go with Lori and JJ (because of him) or Lori (or Alex) talked her into it. Did Lori's family know of her plans (Colby didn't know where they went, but Lori's mother kept in touch)? What reason did she give them? Was Tylee hoping to get a job in Idaho? Did she know the real reason behind the move (for Lori to be close to Chad)? Did she know why Alex went with them as well? He quit his job in Arizona. Lori told some people that she had a job lined up for herself in Idaho, which was a lie.

With Tylee staying behind in Arizona, Lori would not have had free access to her bank account.
 
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