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Lori Vallow's attorneys ask grand jury indictment to be returned for clarification

"Whether it is prudent to continue to seek the death penalty"
Lori Vallow
Posted at 5:45 PM, Jul 15, 2022
and last updated 2022-07-15 19:45:32-04

BOISE, Idaho  — Defense attorneys for Lori Vallow filed three motions on her behalf this week, including asking that the grand jury indictment be returned for clarification. In the motion, attorney's asked whether it is prudent to continue to seek the penalty and set the ground for objections when it comes to Lori and Chad's joint trial.

Last May, a grand jury indicted the couple on two felony counts of conspiracy to commit first degree murder and grand theft by deception, two felony first degree murder charges related to the deaths of JJ and Tylee, and one count of conspiracy to commit first degree murder related to the death of Tammy Daybell.

Vallow was also charged with grand theft relating to Social Security benefits designated for JJ and Tylee.

Additionally, Chad Daybell was also charged with first degree murder in the death of his wife Tammy Daybell, along with two charges of Insurance fraud related to Tammy Daybell's life insurance policy.

Related: Lori Vallow's trial date set for October 2022

MOTION TO REMAND INDICTMENT TO THE GRAND JURY FOR FURTHER PROCEEDINGS

The motion states some of the counts could be confusing to the trial jury and does not meet the elements of a single crime, but it lumps two crimes into one allegation. The defense says that would make it a general felony for possible punishment purposes at sentencing.

The motion also asks the court to strike some of the languages in counts one and three so the maximum punishment would be imprisonment in the state prison for a term not to exceed five years, or by a fine not to exceed $50,000 or both such fine and imprisonment.

MOTION TO REMAND TO GRAND JURY FOR PROBABLE CAUSE DETERMINATION AS TO ALLEGED AGGRAVATING FACTORS

This motion asks that the grand jury hold additional hearings regarding the aggravating factors that the prosecution says justify pursuing the death penalty. This motion also questions and asks the prosecution to provide a realistic assessment of whether it is prudent to continue to seek the death penalty against Vallow.

The Prosecution filed the notice to seek the death penalty on May 2, 2022 and stated these were the aggravating factors for seeking the death penalty.

  • The Murders were committed for remuneration.
  • The Murders were especially heinous, atrocious or cruel, manifesting exceptional depravity.
  • By the murders, or circumstances surrounding their commission, the defendant exhibited utter disregard for human life.
  • The defendant, by her conduct, whether such conduct was before, during or after the commission of the murders at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society.

MOTION TO INCORPORATE FEDERAL AND STATE CONSTITUTIONAL GROUNDS IN SUPPORT OF FUTURE MOTIONS AND OBJECTIONS

This motion lays the ground for future objections in the case and upcoming jury trial.

The motion states "to save this Court’s time during trial, to not frustrate the jury during needless record-making sidebars for objections, and to not unduly interrupt opposing counsel’s presentation of his or her case, undersigned counsel requests that this Court grant permission to incorporate into each of the constitutional objections all of the grounds cited below, in lieu of citing every ground for each objection when it is made during these proceedings."