ST ANTHONY, Idaho — Chad Daybell's trial, expected to take place in Boise on April 3, 2023, may be postponed again with deadline issues, according to court records filed Dec. 23.
Daybell's attorney, John Prior, said in the motion that because the Jan. 9, 2023 jury questionnaire precedes the deadline to file a motion to continue the trial, he wants the jury questionnaire postponed.
If the questionnaire is postponed, Prior would have time to ask to set the trial back even further.
Jury questionnaires are sent out prior to voir dire, which is a preliminary jury questioning session by both the state and the defense that typically takes place in the courtroom. A jury questionnaire is an opportunity to further weed out potential jurors before attorneys can question them in person.
The motion also hinted at Daybell's defense asserting a mental capacity defense.
Daybell's attorney has asked for a trial continuance before -- the original trial was supposed to be held in January of 2023, but it was later set to April 3 in September of this year.
Daybell, along with his wife, Lori Vallow, are both being tried for murder in the killings of Vallow's two children, 7-year-old JJ Vallow and 16-year-old Tylee Ryan.
Prosecutors in the case plan on asking for the death penalty.
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