IDAHO, USA — Lori Vallow's competency to stand trial is in question, according to court documents. The Judge elected to suspend her trial - alongside co-defendant and husband Chad Daybell - for the murder of her two kids, JJ Vallow and Tylee Ryan.
The trial was set for January 2023.
"Well, if you're looking for flip-flops in this trial, there are plenty," criminal defense attorney and former Idaho Attorney General David Leroy said. "This is a situation that makes very little mental health sense from the onset."
The court cleared Lori Vallow to stand trial in April 2022, after 11 months of competency restoration. Competency restoration typically lasts between 30 to 60 days, according to Leroy.
Before the most recent questions into Vallow's competency, the court deemed Lori Vallow clear to stand trial for nearly 6 months.
"It's not unique and it's not unreasonable. And in a crime as confusing as this one, it's probably realistic, but it's not very frequent that you see this," Leroy said.
JJ Vallow's grandmother, Kay Woodcock, sent KTVB reporter Shirah Matsuzawa a statement reading, "It seems the only ones getting their way are Chad & Lori. JJ, Tylee & Tammy didn't have a choice. Everyone who loved them didn't have a choice. The court is wasting time even considering her competency. She's doing what she does best, playing games & manipulating this situation to suit HER. HER wants. HER needs. It is a stall tactic! She doesn't want to face her consequences."
However, Leroy believes it is unlikely Lori Vallow could be faking mental incompetency at this stage in the case.
"I don't think it's reasonably possible to be malingering at this point in this significant of a case. If there are mental health problems here, if the judge has signed this order here based on evidence, there is evidence," Leroy said.
Chad Daybell has asked the court to split the trial and proceed as a singular defendant in his own trial no later than October 2023. It is uncommon for a previously agreed upon joint trial to split, according to Leroy. Splitting the trial is a possible outcome depending on Vallow's competency.
"If Chad's trial proceeds apace in regular order, then he will likely be tried separately if Lori is not immediately restored to competency," Leroy said.
Splitting the trial could be an advantage for Lori Vallow and Daybell, according to Leroy. The defendants would have the freedom to push blame onto the other person.
Watch more on the case of JJ Vallow and Tylee Ryan:
See all of the latest coverage in our YouTube playlist: