BOISE, Idaho — The Fremont County district judge overseeing Chad Daybell's case ruled Friday the trial will remain in Ada County. Chad is charged with first-degree murder and conspiracy in the deaths of Lori Vallow Daybell's two children, JJ Vallow and Tylee Ryan, and his late wife, Tammy Daybell.
According to the 8-page document, District Judge Steven Boyce denied the Idaho state attorney's Nov. 15 motion to reconsider a change in venue, which argues holding the trial in Ada County would not allow for a fair and impartial jury.
The state attorney's motion argued that due to the extensive media coverage that took place during his wife's trial, Lori Vallow Daybell, jurors have the potential to be biased. They argued residents of Fremont County would be less biased due to them not having as much media coverage.
On Nov. 17, attorneys representing Chad responded to the motion, listing several reasons for objecting to the change in venue. He accuses the state of "forum shopping" in order to gain an advantage in the upcoming trial and the prosecution of "last-minute grandstanding" by delaying the trial with a change of venue.
On Friday, Boyce said the state's argument referenced the media coverage of Lori's trial but presented no further evidence to support their claim.
"In fact, no additional evidence has been presented in support of the motion, which rests solely on argument," Boyce said. "While the Court may draw its own reasonable inferences based on the experience of residing in Boise during the trial earlier this year, such inferences are not as compelling as empirical evidence that could have been submitted in support of the state's motion."
Boyce agreed that the population difference between Fremont County and Ada County cannot be argued. However, they will still need to survey a large number of residents who need to pass the voir dire in order to have a fair jury.
Additionally, Boyce did not agree with the state's argument that people living in Fremont County have not been exposed to as much media coverage as Ada County residents.
"The reality is, and the State would likely concede, that nearly every responsible, eligible working citizen of Fremont County, capable of jury service, has followed the "Chad Daybell and Lori Vallow" story," Boyce said. "The discovery of JJ Vallow and Tylee Ryan's buried bodies on Chad Daybell's Fremont County property sent shockwaves through the community and propelled the case into the national spotlight."
Boyce noted that moving the trial to a county closer to Fremont County was a good suggestion but is impractical since the trial is fast approaching.
"Notwithstanding, the Court remains convinced that the proper venue for trial remains Ada County and that a fair and impartial trial will take place there, as was accomplished in the companion case earlier this year," Boyce said.
As KTVB previously reported, Chad's trial is set for April 1, 2024, at the Ada County Courthouse in Boise at 9 a.m.
Watch more Local News:
See the latest news from around the Treasure Valley and the Gem State in our YouTube playlist:
HERE ARE MORE WAYS TO GET NEWS FROM KTVB:
Download the KTVB News Mobile App
Apple iOS: Click here to download
Google Play: Click here to download
Watch news reports for FREE on YouTube: KTVB YouTube channel
Stream Live for FREE on ROKU: Add the channel from the ROKU store or by searching 'KTVB'.
Stream Live for FREE on FIRE TV: Search ‘KTVB’ and click ‘Get’ to download.