Mother accused of killing children in Idaho seeks change of charges

BOISE, Idaho (AP) — Attorneys for a mother accused of conspiring to kill her children in Idaho and steal their Social Security benefits asked a judge Tuesday to return the case to a grand jury because they say the prosecution is misleading. .

Lori Vallow Daybell and her husband Chad Daybell have pleaded not guilty to murder, conspiracy and grand theft charges in connection with the deaths of 7-year-old Joshua “JJ” Vallow and 17-year-old Tylee Ryan. They could face the death penalty if convicted.

During a hearing in the eastern Idaho city of St. Anthony, attorneys for Vallow Daybell said the conspiracy charges were worded oddly and would likely confuse a jury.

One of the conspiracy charges stems from prosecutors saying the couple planned to kill Vallow Daybell’s daughter and steal the social security benefits the girl was receiving because her father had died. The other conspiracy charge involves the same allegations, but in relation to the death of her son.

Under the plan proposed by defense attorneys for Vallow Daybell, the case would be sent back to the grand jury so charges could be changed.

“The conspiracy to commit murder and the conspiracy to commit grand theft are two separate conspiracies,” defense attorney John Thomas said. “We think it would be confusing for a jury to be able to figure out which elements were met, when the elements were met, and to what extent the elements were met.”

Otherwise, Thomas said, the case will be “fundamentally unfair.”

“I’m not saying the jury isn’t sophisticated enough to figure that out, but I’ve been practicing law for 20 years and this particular charge baffled me,” he said.

Prosecutor Rob Wood told the court that the conspiracy charges are not confusing at all, they simply detail a “criminal agreement.”

“One was to kill Tylee Ryan and steal the social security money that was allocated to her, and the other was to kill JJ Vallow and steal and collect the social security money that was allocated to her,” Wood said. “We think the jury will find that there was this agreement, that they agreed to commit these two crimes.”

Chad Daybell did not attend Tuesday’s hearing. During the hour-long procedure, Vallow Daybell frowned most of the time, but smiled at other times. He from time to time seemed to laugh or scoff at the legal arguments presented by the prosecutor.

Judge Steven Boyce said he would consider the arguments and make a decision later.

Idaho law enforcement officers began investigating the Daybells in November 2019 after extended family members reported the children missing. During that period, police said the couple lied about the children’s whereabouts. Their bodies were later found buried on Chad Daybell’s property in rural Idaho.

Chad and Lori Daybell married just two weeks after his previous wife, Tammy Daybell, died unexpectedly. Tammy Daybell’s death was initially reported to be due to natural causes, but investigators exhumed her body after becoming suspicious when Chad Daybell quickly remarried.

Lori Vallow Daybell is also charged with conspiracy to commit murder in Arizona in connection with the death of her former husband. Charles Vallow was shot and killed by Lori Daybell’s brother, Alex Cox, who claimed he was in self-defense. Cox later died of what police said were natural causes.

Arizona legal proceedings are on hold while the Idaho case is ongoing and Vallow Daybell is not scheduled to plead guilty in the Arizona case.

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