Chad Daybell’s attorney asks to have more time to file motion to dismiss the case
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UPDATE
ST. ANTHONY — District Judge Steven Boyce is allowing an extension for Chad Daybell’s attorney to file a motion to dismiss his client’s murder case.
John Prior, Chad Daybell’s attorney will have until March 23 to argue his motion to dismiss. Prior will have until March 9 to file the actual motion. The decision came after a hearing Thursday held over Zoom in which Daybell opted not to attend.
ORIGINAL STORY
ST. ANTHONY — Chad Daybell’s attorney will argue why he should have more time to file motions in his client’s murder case.
A remote hearing will be held at 9:30 a.m. Thursday over Zoom before District Judge Steven Boyce. In December, John Prior, Chad’s attorney, asked for the hearing after his client’s trial was scheduled to commence in January 2023.
EastIdahoNews.com will stream the hearing live in the player above.
Prior says he needs additional time to file a motion to dismiss the case because of an additional grand jury proceeding being held in the case. He explained in his December motion that he had recently finished reviewing the grand jury transcript from May when he learned of the additional proceeding.
It is unclear when or if this additional proceeding was held since grand juries are held in confidence and no additional charges have been filed against Daybell.
Daybell and his wife Lori Vallow Daybell are charged with multiple crimes, including conspiracy to commit murder and first-degree murder. The charges are in relation to the deaths of 7-year-old Joshua “JJ” Vallow, 16-year-old Tylee Ryan — two of Lori’s kids — and Chad’s first wife, Tammy Daybell.
Lori’s case is currently on hold after she was deemed incompetent to assist in her own defense and placed into the care of the Idaho Department of Health and Welfare.
Prior has also asked Chad’s case be tried separately from Lori’s and is expected to argue his position on that matter on March 18.
EastIdahoNews.com will update this story when the hearing concludes.
