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WATCH: Lori Vallow Daybell appears in court as attorneys argue indictment language

Daybell Case

Lori Vallow Daybell appears in court during a hearing in April 2022. | EastIdahoNews.com file photo

ST. ANTHONY — Lori Vallow Daybell will appear in court Tuesday morning as her attorneys argue that language in the grand jury indictment against her needs to be more clear.

Jim Archibald and John Thomas, Daybell’s defense attorneys, believe two of the counts listed in the indictment are complicated because they each include two separate allegations, according to court documents.

Counts one and three, filed on May 25, 2021, are each labeled, “Conspiracy to commit first-degree murder and grand theft by deception.”

The defense argues a jury could be confused on how to rule for two crimes when both of them are included in one count. They’re asking District Judge Steven Boyce to reconvene the grand jury to deliberate and amend the indictment so both alleged crimes are tried as their own count.

Prosecutors Lindsey Blake and Rob Wood say the motion has no basis because the law allows for an allegation in a single count of a conspiracy to commit multiple crimes, according to court documents filed Wednesday. Blake and Wood object to reconvening the grand jury and call the motion “untimely,” saying it should have been filed by May 27, the deadline to file such motions.

Chad Daybell and his attorney, John Prior, will not attend the hearing. They, along with Lori’s attorneys, were originally set to discuss a motion about DNA testing but an agreement was reached with prosecutors late last week on how to proceed.

Chad and Lori were charged last year with multiple counts of first-degree murder and conspiracy to commit murder for 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. The Daybells have pleaded not guilty to all crimes.

The hearing is scheduled to begin at 9 a.m. EastIdahoNews.com will live stream the proceedings in the video player above. A complete story will be posted later today.

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