ST. ANTHONY, Idaho — This article was written by Eric Grossarth of East Idaho News.
Chad Daybell’s defense attorney has filed a motion asking a judge to dismiss his client’s entire case.
John Prior filed the motion to dismiss with District Judge Steven Boyce Thursday stating there was not sufficient evidence presented at the preliminary hearing on Aug. 3 and 4.
Daybell pleaded not guilty last month to four felony counts of conspiracy to commit destruction, alteration or concealment of evidence, and two felony counts of destruction, alteration or concealment of evidence. At the preliminary hearing, Magistrate Judge Faren Eddins determined that special prosecutor Rob Wood presented enough evidence to have the case advance to district court.
“The charges are not supported by the evidence and duplicative as allegations against the defendant,” Prior wrote in the motion to dismiss. “Further, the prosecution has yet to present evidence to support when the alleged acts is (sic) supposedly to have taken place and if the defendant acted in any manner to support the allegations.”
Prior claims the accusations against Daybell made in the criminal complaint filed by Wood are “vague and broad.” Prior says that Daybell’s constitutional rights are being violated because he can not be “fairly notified and apprised of when, how and what he is accused of doing.”
Along with the motion, Prior asked that a transcript of the preliminary hearing be produced and that a hearing to dismiss the charges be pushed out long enough for him to review the evidence and the transcript.
On June 9, police arrested Daybell after the remains Joshua “JJ” Vallow, 7, and Tylee Ryan, 16, were found on his property. Daybell married the children’s mother, Lori Vallow Daybell, in November – two months after investigators say they were last seen.
Lori Daybell is also charged in Fremont County with two felony counts of conspiracy to commit destruction, alteration, or concealment of evidence. She is scheduled to be arraigned on Sept. 10 before District Judge Dane H. Watkins Jr.
Chad Daybell’s jury trial is set to run from Jan. 11 to 29 in Fremont County before Boyce. Prior has until Oct. 20 to file a motion if he wants to move the trial to another venue to avoid potential jury bias.
Wood has not responded to Prior’s motion, and as of Tuesday, a hearing had not been set on the motion to dismiss.