Chad Daybell waives his right to a speedy trial
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ST ANTHONY — Chad Daybell has waived his right to a speedy trial, according to newly filed court documents.
In Idaho, people accused of crimes have six months from their arraignment to have their case tried before a jury. Because Daybell has waived that right, a trial scheduled to begin in November will likely be moved to 2022.
Chad and his wife Lori Vallow Daybell are accused of various crimes, including first-degree murder for the deaths of Chad’s first wife, Tammy Daybell, and Lori’s two children, 16-year-old Tylee Ryan and 7-year-old Joshua “JJ” Vallow. The couple was indicted in May by a Fremont County grand jury.
Prosecutors announced earlier this month they would seek the death penalty against Daybell.
Before his case goes to trial, defense attorney John Prior has asked for a change of venue hearing as he wants the trial moved from Fremont County. In court documents, Prior believes a fair and impartial trial can’t be held in the 10 counties of the 7th Judicial District.
The change of venue hearing is set to take place on Oct. 5 and 6 before District Judge Steven Boyce. EastIdahoNews.com has filed a request to stream the hearing live.
Two upcoming motion hearings are also scheduled for Daybell’s case – one on Aug. 30 and another on Sept. 20. Details on those hearings are not publicly known and are likely associated with sealed court documents.
Lori’s case remains on hold after a mental health expert deemed her not competent to assist in her defense. On June 8, Boyce committed her to the Idaho Department of Health and Welfare to undergo mental health treatment.
Boyce has appointed Jim Archibald, a death penalty certified attorney, to represent Lori alongside her hired counsel Mark Means. Prosecutors have not announced an intent to seek the death penalty against Lori and would not be able to make such decisions while her case is stayed.
Lori currently has a status conference set for Aug. 30.
