Judge will soon decide whether grand jury should clarify Vallow Daybell charges

If a grand jury must meet again to clarify wording in the criminal indictment against Lori Vallow Daybell, the judge will make that decision.

Wearing a gray shirt and black dress trousers throughout the hour-long hearing on Tuesday, Daybell grinned, joked, and seemed at ease. The accusations in two sections of the indictment, according to her defense team, are murky and may cause issues.

Defense lawyer John Thomas remarked, “I’ve been practicing law for 20 years, and this particular accusation confused me. We don’t want to go through this again and have the appeals court rule that they are unable to understand what is going on.

Two of the charges in the indictment, conspiracy to commit first-degree murder and grand theft by deceit, each comprise two independent claims, according to Daybell’s defense team, which makes them tricky.

Her counsel requested that District Judge Steven Boyce call a grand jury back into session so that they might reexamine the evidence and isolate the alleged acts from one another.

The conspiracy to conduct grand theft and the conspiracy to commit murder are two distinct conspiracies, according to Thomas. We think it would be difficult for a jury to determine which requirements were satisfied, when they were satisfied, and to what degree they were satisfied.

Rob Wood, the prosecuting attorney, argued against calling a new grand jury and said there is a connection between the two accusations.

According to Wood, “the state fundamentally disputes that it would be misleading to a juror.” “We think the allegations are connected and not entirely distinct. The jury will likely conclude that Chad and Lori Daybell consented to perpetrate those two offenses, in our opinion.

Wood said that the two accusations being included on one count did not cause the grand jury to get perplexed when it returned the indictment in May 2021.

“These accusations are supported by information given to the grand jury. They weren’t bothered by it, therefore if they discovered it, we may present it to the trial jury, Wood contended.

Judge Steven Boyce indicated he will issue a written ruling but did not make a judgment during the session. Then, in secret, a hearing was conducted addressing additional topics.

Daybell grinned and avoided answering questions from EastIdahoNews.com about whether she missed her kids as she exited the courtroom.

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