JURY SELECTION DAY 1: Lori Vallow Daybell passionately argues motions ahead of Arizona trial

Lori Vallow Daybell is on trial in Maricopa County, Arizona, on one charge of conspiracy to commit the murder of Charles Vallow, her fourth husband. Nate Eaton is live in the courtroom with updates. Please excuse any typos. Times listed below are in Mountain Standard Time, so they are an hour behind Idaho. (Arizona does not observe Daylight Saving Time.) The most recent updates are at the top.

2:48 p.m. Jury selection continues tomorrow at 10:30 a.m. Lots to talk about tonight on “Courtroom Insider.” Join me live at 8 p.m. MT tonight on the East Idaho News YouTube channel.

2:46 p.m. Lori asks for a clarification in a minute entry from March 25 regarding her restraints. She is not wearing handcuffs or ankle shackles. Judge says she has to wear the RACC belt – it won’t be visible to the jury. Lori responds, “Their recommendation is you wouldn’t need to use the belt at all if there is an armed guard.” Judge says he understands but his order is she wear the belt.

2:45 p.m. Witnesses aren’t allowed in the courtroom until they have testified. State has nothing further for today. Lori says she wants to discuss how the courts wants media exhibits. Judge suggests one flash drive per exhibit.

2:43 p.m. Treena Kay asks about seating in the courtroom for victims and next of kin. The first row on both sides of courtroom will be reserved for immediate family members, relatives. The very last row on both sides will be reserved for media. The middle rows will be a first-come, first-serve basis general public viewing area.

2:42 p.m. Judge says this morning he handled each side preliminary instructions for jurors. He said he won’t go into detail now but they can discuss it further tomorrow once jurors start arriving.

2:38 p.m. Lori goes back and forth with the judge about interviewing me about what the prosecutor said. Judge told Lori to call me up and ask what happened in the conversation. “I can’t because he’s no longer a witness.” Judge says Lori’s investigator can call me and ask what happened in the call. Notes that I filed a motion and hired an attorney. Judge denies the motion to dismiss the case based on prosecutorial misconduct.

2:36 p.m. Another reason Lori accuses prosecutorial misconduct: she alleges Treena Kay gave me legal advice. Treena Kay denies that and never gave me legal advice. She told me I could not be in the courtroom if I was on the witness list. Lori says Treena Kay or I need to take the stand because the judge is just taking Treena Kay’s word for it.

2:35 p.m. Lori says the police department did not honor a public records request. Judge says if that was the case, there is a process to handle it. Lori responds, “What is that?” Judge says he’s not going to give her legal advice.

2:33 p.m. Lori says the state is interfering in her case and they aren’t giving her what she needs for giving her defense. Judge asks why this issue wasn’t addressed last year. “Why didn’t someone file a motion in December, November, January, February saying they had an issue with this?” Lori says she did.

2:30 p.m. Next up – Lori’s motion to dismiss the case for prosecutorial misconduct. One reason: the state didn’t provide documents to the defense. Lori says, “That isn’t really the complaint itself.” Judge responds, “That’s your first paragraph.”

2:29 p.m. Judge says the state can’t use the communication. He says her Idaho attorney did not use the proper channels and the state ended up with the communication. Judge denies the motion to dismiss the case for violation of confidential communcation.

2:28 p.m. Judge said her attorney was using the program incorrectly and Lori cuts him off, “How was he using it incorrectly?” Judge responds, “I don’t know how else to explain it to you. I just explained it 5 different ways.”

2:27 p.m. Lori jumps in and says Treena is testifying for her attorney in Idaho. Judge says she is referring to the context of the messages. Lori is frustrated and Judge says, “I’m not going to keep rehashing this with you.”

2:26 p.m. Lori wonders if the state is giving these calls to Idaho or if there is a warrant or subpoena for these conversations. Treena Kay disclosed she saw the messages before she even looked at them and sent them to the defendant. Treena says Lori can’t meet her burden to show there is any legal advice in the messages – they are messages about setting up times to call and speak.

2:22 p.m. Lori says “there are a lot of things wrong with what has happened here.” Judge says Lori’s appealate attorney is the one who violated the confidential nature of the calls – not the prosecutor. Judge says the messages were inadvertently intercepted. “Just the state reading them is a violation of the attorney-client privilege,” Lori responds.

2:21 p.m. Judge says the confidential line was approved and there were no other disclosures of private messages being intercepted. Lori says there are. “There are confidential things that are in our communication.” Lori says the prosecutor obtained the messages and the prosecutor should not have read them.

2:19 p.m. Judge says it appears no confidential information was contained in the conversations. “Just checking in. Working on getting a legal line set up.” Basic stuff.

2:18 p.m. Next motion: Lori’s file to dismiss the case based on violation of her constitutional rights. She says conversations with her Idaho appellate attorney were intercepted and her rights have been violated.

2:17 p.m. Judge says witnesses may need to be taken up on a piecemeal basis. Lori says she is limited in what she can do. “If I could call these people myself, they would answer my call and I could talk to them.” Lori says her team is working overtime to help her. “We are doing the best that we can.”

2:16 p.m. Judge says if the witnesses don’t get subpoenas and they don’t submit to interviews with the prosecution, they need to be precluded.

2:14 p.m. Judge says he’s not sure the best way to handle this – that maybe it needs to be taken up as the case progresses. Treena Kay says she has attempted to contact all the witnesses and made a good-faith effort. Lori’s investigator has been unable to reach some of the people. Treena Kay says the rules aren’t being followed. Treena says the defense has had four months to try and find the witnesses. “I think precluding them at this point is proper.”

2:13 p.m. “It sounds like, from what you’re saying, you’re not sure these witnesses would have relevant information. It just depends,” Judge asks Lori. She says whatever the state puts up in their case, she needs to have witnesses ready.

2:12 p.m. Lori says her witnesses are going to “fill in the blanks.” Judge says that makes it hard to assess why they need to be a witness. “These people have relevant information to the state’s case – what they’re accusing me of.”

2:11 p.m. Lori says there are limitations because she is incarcerated. “I’ve done everything in my power to prepare and give over to the state what they need as an incarcerated person at a maximum security jail.”

2:10 p.m. Lori passionately says she needs these witnesses to lay foundation and this is a “trial by ambush.” “The state is trying to say ok, you want your speedy trial, we’re not going to let you defend yourself…so good luck, have a nice day.” Beresky responds, “That’s why attoreneys take a long time to prepare for trial. They need to give notice to witnesses, etc.”

2:08 p.m. Treena Kay discusses other witnesses and says there is minimal relevance for Summer Shiflet or Janis Cox to testify. Adam Cox is already on the state’s witness list. Treena Kay spoke with Zachary Cox and says she is not aware of any relevance to this case. “Everyone I have spoken with has not been subpoenaed,” Treena Kay. Lori says her subpoenas are with OPS and should be “issued currently.”

2:05 p.m. Witness #1 – Nate Eaton. I have been precluded.
Witness #2 – Vaisia Itaiahau – state and defense have not been able to get a hold of her.
Witness #3 – Gabriel Bonilla – he was Lori and Charles’ LDS bishop. Matthew Ballard, an attorney with the LDS Church, told Treena Kay that Bonilla had not been served with a subpoena.

2:04 p.m. Judge now looking at Lori’s witness list. He says if witnesses have not been served with a subpoena, there is no requirement for them to show up in court. If they have been served, they need to have something relevant to testify about.

2:03 p.m. Lori says Dworkin will email a statement tonight about his expertise. Beresky says he’s included to preclude Dworkin “unless something extraordinary happens…Any disclosure is late at this point.”

2:02 p.m. Nate Eaton back in the seat. Judge now discussing motion filed by the state to have Lonnie Dworkin precluded from the witness list. Dworkin is a cell phone expert Lori hoped to use on behalf of the defense.

2:00 p.m. Same goes for print.

1:59 p.m. Beresky, prosecution and defense agree that private contact information of people involved in the case be not broadcast.

1:57 p.m. “I’m inclined to strike him as a witness at this time.” Beresky strikes Eaton from witness list and allows him to be in the courtroom. If there is an unlikely occasion where Eaton is needed as a witness, the court will “cross that bridge.”

1:54 p.m. Kelley says there should not be any reason for Eaton to be excluded from the courtroom. Beresky says if a witness says something contrary to Eaton’s reporting, his interview would be played for the court — he’s not actually needed to testify.

1:53 p.m. Beresky asks how Eaton has relevant information. Lori says he has interviewed nearly every witness on the list, and she would use him as a “foundation for interviews and for impeachment.” She says it wasn’t her intention to keep him out of the courtroom but she wanted to keep him on hand.

1:50 p.m. Eaton was listed as a witness by Lori. Judge addressing the motion that Eaton filed through his attorney, Matthew Kelley, that he not be listed.

1:49 p.m. Lori says the information provided by these witnesses is “not first-hand,” and they are colluding with each other. Court is denying the motion to preclude these witnesses, but Lori can cross-examine them.

1:48 p.m. Other witnesses Lori wants to exclude (not sure on spelling): Christina Atwood — present when Lori was allegedly speaking about Charles being possessed months before murder; Nancy Jo Hancock — last person that saw Charles alive, and had told him about changing his life insurance policy.

1:45 p.m. Lori has a variety of objections, including wanting to exclude various witnesses, including Kay Woodcock, concerning premeditation and motive. She says their information came from Dateline and one another, though Lori can’t say what exactly this information is.

1:40 p.m. Lori is objecting to a Chandler Police officer, Daniel Coons, being listed as a firearms expert. Judge will take a look at it.

1:37 p.m. Lori objects to how things were phrased/bolded in jury questionnaire, but Beresky overruled.

1:35 p.m. Judge Beresky says the jury selection process will resume tomorrow, with 40 to 60 people. We’ll start at 10:30 a.m. In-person questioning at 1:30 p.m.

1:30 p.m. Hi, everyone. This is Robert Patten, the web manager for East Idaho News. I am temporarily taking over the feed from Nate Eaton, who is part of a motion being discussed to remove his name from the witness list. (Click here for more on this issue.) I’m not in the courtroom, but I am watching a court video that will be available to the public shortly.

12:11 p.m. Lunch break until 1:30 p.m. Arizona time. Motions will be discussed, including my name on the witness list. There will be a camera in the afternoon session and we will post the video once we have it. (It will not be live.)

12:04 p.m. Judge reads final juror number for this morning. The person would not be willing to look at evidence. The juror is dismissed. There are 52 candidates who advanced from this morning, Beresky says.

12:01 p.m. Judge notes that it’s noon and says there are about 10 more juror numbers to get through.

11:57 a.m. One juror stated they would not be willing to view evidence during the trial. It’s likely Charles Vallow’s autopsy photos will be shown as a medical examiner is on the witness list. The person is excused.

11:49 a.m. A potential juror has a 2-month-old and is breastfeeding. Judge says he’s had breastfeeding jurors in the past, and court gives them a room to pump, but he suggests the juror be excused. State and defense agree.

11:46 a.m. It’s been nearly six years since Charles Vallow was shot and killed. Here’s a timeline of the complicated case.

11:41 a.m. Lori is consulting with her advisory counsel as the judge reads through the potential jurors. They are taking notes and whispering with each other.

11:33 a.m. One juror has a preconceived bias against police and has issues trusting police. Beresky suggests the person be released; state and defense agree.

11:32 a.m. From the Maricopa County Court website: “Jurors who have been selected will receive $12.00 per day plus mileage. Mileage is calculated from the middle of your home zip code to the courthouse. The rate, which is currently $0.67 per mile, is set by the legislature of the State of Arizona.”

11:30 a.m. Not all of the potential jurors Beresky mentions are being struck. Some remain on the list and will be brought in this week.

11:28 a.m. One person is under treatment for an infectious disease “so we don’t want them to come in for jury service.” The person has also heard about the trial. This person is dismissed.

11:25 a.m. Interesting note: Judge Beresky graduated from the University of Idaho College of Law and has been a superior court judge since 2017. We have a FAQ page here.

11:24 a.m. Another potential juror would have to take an Uber every day from Surprise, Arizona — about 40 minutes away. Juror is excused.

11:20 a.m. Personal observation: I’ve been in Phoenix since Saturday and have spoken with several people (lady who cut my hair, waitresses, grocery store clerks, etc.). Not one of them was aware of this case and had no idea who Lori Vallow Daybell was.

11:16 a.m. Judge mentions another potential juror and Lori says they want her struck for cause because of an answer to a question about police officers. Judge says he will consider it but for now, the juror remains on the list.

11:13 a.m. One juror transports a child with autism every day, and Beresky recommends she be excused. Lori took a moment and consulted with her advisory attorney before saying, “I agree, your honor.”

11:10 a.m. Back on the record. Prosecutor computer now working. Judge continues to list potential jurors who have hardships and recommends they be excused. Prosecution and defense agree.

11:06 a.m. Court taking a short break while prosecution works to fix computer issues.

11:04 a.m. Potential jurors who advance from this list will be brought in tomorrow or later this week for individual voir dire (questioning). Twelve jurors and four alternates will be selected for the trial.

11 a.m. Judge continues to go through the list of juror numbers he believes should be excused. Prosecution and defense agree with his opinions.

10:55 a.m. Tom Evans, a juror from Lori Vallow Daybell’s Idaho trial, is in the courtroom with his wife, Susan. He also attended Chad Daybell’s trial. Tom wrote a book about the cases.

10:54 a.m. One potential juror has a strong opinion about the case. Judge moves to have the juror dismissed. Prosecution and defense agree. Another has surgery scheduled for next week. They are excused.

10:52 a.m. Other potential jurors have watched news and other programs about the case. Others have health issues. One cannot sit for longer than 20 minutes.

10:47 a.m. Judge recommends excusing other potential jurors for a variety of reasons: one has a personal tragedy and says they can not focus on the case, another can not read or understand English, others will be out of town, etc.

10:44 a.m. Someone’s phone just went off and Beresky says, “Is someone’s phone on in the back?” A man apologizes and Beresky tells gallery that all phones need to be silenced.

10:43 a.m. FYI: I will refer to Treena Kay using her whole name or first name during the trial so as not to confuse with Kay Woodcock.

10:41 a.m. A few potential jurors have knowledge of the case, so Beresky recommends they be dismissed. State and defense agree. Lori is answering the questions on behalf of the defense. Treena Kay asks that anyone with any knowledge of the case be dismissed.

10:40 a.m. Beresky begins by listing juror numbers who he believes should be excused for work obligations or other reasons (they’re moving, etc). Prosecution and defense do not object to the strikes. Lori is taking notes on a yellow pad.

10:36 a.m. There are two tables on each side of the courtroom with three people at each table – so defense could have 6 people and state could have 6. Currently there are 2 people on the prosecution side and 4 people on defense – Lori’s investigator sitting at the rear table. Hope that makes sense.

10:30 a.m. Judge calls up defense and prosecution to talk at the bench. There are around 15 people in the gallery.

10:29 a.m. Lori just walked in. She has curled hair, a black dress suit with a black/white blouse, no handcuffs and no leg shackles. She smiles as she walks in.

10:27 a.m. There are around 60 seats in the gallery for members of the public. This is a much larger courtroom compared to previous Daybell hearings. The seats are padded and, personal opinion, much more comfortable than the benches in Ada County.

10:25 a.m. Inside the courtroom for day 1 of Lori Vallow Daybell’s jury selection. Judge Justin Beresky is on the bench, Treena Kay is on behalf of the state, and Lori’s advisory attorneys are here. (She is representing herself.) Lori is not in courtroom yet. No cameras for jury selection. Will post live updates here.

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