An Idaho judge last week denied “cult mom” Lori Vallow Daybell’s request for a new trial following her conviction on murder and conspiracy charges in the deaths of two of her children and her husband’s first wife.
Attorneys argued in favor of a new trial on Thursday before Judge Steven Boyce, who oversaw the six-week trial that resulted in her conviction, EastIdahoNews.com reported.
Vallow Daybell’s attorneys, Jim Archibald and John Thomas, argued that the language in the original indictment was too confusing, that the instructions given to the jury were too confusing, and that Juror No. 8 gave an interview after the trial in which he said he was confused by the jury instructions.
The initial indictment said that Vallow Daybell was charged along with four other co-conspirators, including her husband Chad Daybell. That language was later changed to say that Vallow Daybell and Daybell were the only conspirators.
Boyce rejected that argument, saying the change didn’t change any of the facts in evidence. As for jury instructions, Boyce had allowed a modification to the instructions that changed the term “and” to “and/or.” Boyce said that also did not change the trial’s outcome.
Fremont County Prosecuting Attorney Lindsey Blake refuted the argument about the juror, saying that he never asked for clarification and later said in the same interview the “personally did not” find the instructions confusing..
“Any statement reported to be made by Juror No. 8 should not be considered by this court,” Blake said. “If the court were to consider those statements, the defendant’s motion would still fail.”
Vallow Daybell is scheduled for sentencing on July 31. A jury found her guilty in the deaths of Joshua “JJ” Vallow, 7; Tylee Ryan, 17; and Tammy Daybell in 2019, as CrimeOnline reported.
The trial of Chad Daybell, who faces the same charges, was separated from his wife’s after he waived his right to a speedy trial and she did not. He is now scheduled to go on trial April 1, 2024.
Vallow Daybell also faces conspiracy charges in the death of her fourth husband, Charles Vallow, in Arizona.
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