MERIDIAN, Idaho — The defense attorney for Lori Vallow is asking the court to disqualify the Idaho Department of Health and Welfare from treating Vallow, who is accused of murder and conspiracy to commit murder in the deaths of her children, Joshua "JJ" Vallow and Tylee Ryan.
Vallow has been in custody of IDHW since June, after being found mentally unfit for trial in the case. Proceedings against her have been stayed while she undergoes treatment.
Vallow's husband, Chad Daybell, is awaiting trial, which will take place in Ada County under a change-of-venue order issued earlier this month. The trial date has not been set, but the trial is expected to go on for several weeks.
Daybell and Vallow are charged under an indictment returned by a Fremont County grand jury in May.
In a motion filed Wednesday, Vallow's Meridian-based attorney, Mark Means, wrote that he met with Vallow "on or about" Oct. 15 at the committed site under control of IDHW.
"During this discussion, it was brought to my attention of unethical and possible illegal activity, discussions, disclosures, and manipulation of the incompetent defendant," Means wrote.
The filing claimed that Vallow and a clinician who was treating her were watching the Oct. 5 hearing on Daybell's motion for a change of venue when the clinician, identified in the filing as "N.C.", recommended that Vallow contact the Church of Jesus Christ of Latter-day Saints' legal counsel to "discuss her case and possibly obtain legal counsel to assist her instead of state-appointed public defender."
Vallow's defense also claimed that the clinician provided Vallow with a direct phone number to contact LDS counsel and "issued an 'order' that this was part of the defendant's 'homework' for her treatment."
When Vallow called LDS Church headquarters in Salt Lake City, Means' filing says, the receptionist transferred her to Daniel S. McConkie, "an attorney believed to be one of the many LDS Church/corporation legal counsel."
"Defendant would not have done this on her own without the prodding of the IDHW employee, N.C. Defendant stated repeatedly that she did not want to call LDS Church/Corporation but for mandatory nature of her 'homework,'" Means' motion stated. "Defendant was forced and-or manipulated by those in positions of authority and control of her incarceration i.e., every move, actions, inactions, treatment and the like."
Means claimed that McConkie never advised Vallow of a possible conflict of interest, or that he was not licensed in Idaho to practice law, or that the conversation would not be protected by attorney-client privilege.
The filing also states, "defendant believed it to be protected confidential by rules of the spiritual 'world.'" It goes on to say that "only after certain disclosures were made by the defendant," McConkie told Vallow he would assist her with finding an attorney who could legally practice law in Idaho. Vallow's defense then alleges that McConkie called Madison County Prosecutor Rob Wood, who is acting as a special prosecutor in the Daybell-Vallow case, and discussed McConkie's and Vallow's conversation.
In addition to seeking disqualification of IDHW from Vallow's treatment, her defense is seeking an order for the prosecution and for IDHW to disclose any and all communications related to the case.
A hearing date on the motions in Wednesday's filing has not been announced.
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