ADA COUNTY, Idaho — A judge ruled that Chad Daybell may be sentenced to death as possible punishment if found guilty of murder, according to court documents filed Tuesday.
Daybell's legal team filed two motions in Fremont County on Nov. 9 requesting the presiding judge strike the death penalty as potential sentence if found guilty of his pending murder charges.
One motion stated the judge should strike the punishment based on "relative culpability" and the other requested the judge strike the penalty as "arbitrary, capricious & disproportionate in light of striking death in co-defendant's case."
Both motions were denied.
Per the memorandum: The Court finds no basis to strike the death penalty on arguments of relative culpability...the motion is therefore DENIED.
Chad Daybell and his wife, Lori Vallow Daybell, were charged as co-defendants in the deaths of Vallow's children and Daybell's first wife, Tammy Daybell. In addition to charges of conspiracy to murder and first-degree murder, Chad Daybell faces two counts of insurance fraud and one count of grand theft.
In Vallow's trial, the death penalty was taken off the table due to a late discovery submission by the prosecution. Therefore, Daybell argues that it would be "unconstitutional, arbitrary, and capricious to continue seeking capital punishment in his case where it was struck in Vallow’s case," the order stated.
To which the State of Idaho responded: The State rebuts this argument and again raises the critical fact that Daybell is charged with First-Degree Murder for the death of Tamara “Tammy” Daybell—a crime punishable by death that Vallow was not charged with.
Vallow was found guilty in May 2023 for conspiracy to commit murder and first-degree murder of two of her children, JJ Vallow and Tylee Ryan – their remains were found on Chad Daybell’s property on June 9, 2020. Vallow was also found guilty of grand theft and conspiracy to murder Tammy Daybell, Chad Daybell’s wife at the time.
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Aside from her conviction in Idaho, Vallow faces two additional charges of conspiracy to commit murder in Maricopa County, Arizona, relating to the death of her former husband and the non-fatal shooting of another relative.
Vallow was extradited to an Arizona jail Nov. 29 from Pocatello Women's Correctional Center in Idaho, where she has been in custody since her July sentencing.
Daybell's attorney, John Prior, requested Fremont County District Judge Steven Boyce eliminate the death penalty and instead offer Daybell a maximum sentence of life in prison - as Vallow received.
Daybell's trial is scheduled for April 2024 in Ada County, with jury selection beginning in March. However, several pending motions filed by the defense may alter the circumstances of the trial.
Motion to Strike the Death Penalty Based Upon Relative Culpability
In the motion to take remove the death penalty on the basis of relative culpability, Prior argued that during Vallow's trial, prosecutors consistently argued she was the most culpable party to the alleged conspiracy that led to the deaths of Tylee, JJ and Tammy.
Prior points to arguments made by prosecutors that Vallow was the primary conspirator and manipulated Daybell through "emotional and sexual control."
Because of statements made during that trial, Prior believes Daybell has less culpability than Lori.
Motion to Strike the Death Penalty as Arbitrary Capricious Disproportionate
Daybell and Vallow's cases were severed prior to Vallow's trial began. Vallow asserted her right to a speedy trial, while Daybell waived his. Prior argues they should not face different punishments because of the pleas.
Prior believed the death penalty should be eliminated in his client's case as to not be dependent on Vallow's decision not to waive her speedy trial rights, as opposed to the two defendants' levels of culpability.
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