Tammy Daybell’s aunt will be allowed to speak at Vallow Daybell sentencing, judge rules
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ST. ANTHONY — Tammy Daybell’s aunt will be allowed to speak during Lori Vallow Daybell’s sentencing Monday.
During a Zoom hearing Wednesday morning, District Judge Steven Boyce denied a motion from Lori Daybell’s defense team asking that Vicki Hoban, Tammy Daybell’s aunt, be denied permission to give a victim impact statement because Idaho law only recognizes “immediate” family members as victims. An aunt is not considered an immediate family member.
In a letter to Boyce, Hoban said she would like to speak in place of Phyllis Douglas, Tammy Daybell’s mother, who died on June 8. Boyce responded and designated Hoban as Tammy Daybell’s family representative, thus authorizing her to provide a victim impact statement.
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On Friday, a presentence report was filed showing victim impact statements submitted by Tammy Daybell’s sister, Samantha Gwilliam and her father, Ron Douglas. Douglas wrote that he would be speaking for himself and his now-deceased wife.
Jim Archibald, Lori Daybell’s attorney, argued because Tammy Daybell’s father and sister submitted statements, Hoban no longer has the right.
“The law specifically excludes aunts so if Tammy Daybell has nobody speaking on her family’s behalf, I think the court’s current order would be appropriate,” Archibald said. “Now that Tammy Daybell’s sister and father have spoken … I think there is no provision for the court to consider an aunt a victim to speak on behalf of the Tammy Daybell family.”
Fremont County Prosecuting Attorney Lindsey Blake recognized there are unique issues when it comes to victims, especially in homicide cases, but said prosecutors don’t have a legal basis to argue one way or another in this situation.
“The state does not technically represent the victims in the case any more than as part of the general public,” Blake said. “We are in a precarious situation when it comes to victims’ rights … We will simply leave it to the court’s discretion.”
When he granted Hoban’s request, Boyce said he was under the impression nobody else from Tammy Daybell’s family would be issuing victim impact statements. Despite that, the judge said he’s researched the issue and believes Hoban still has the right to speak.
“What I don’t find is any limiting language stating that this designation as a representative can only apply if there’s an absence of anyone else to make a statement,” Boyce said. “There’s nothing in the statute that a designated representative has to only be appointed under certain circumstances.”
Lori Daybell appeared on camera from the Madison County Jail during the hearing but said nothing. A jury found her guilty of conspiracy to commit murder and first-degree murder of her children, Joshua “JJ” Vallow and Tylee Ryan, and conspiracy to commit the murder of Tammy Daybell, her husband’s former wife.
She will be sentenced Monday at 9 a.m. in Fremont County. EastIdahoNews.com will livestream the sentencing.
