UPDATE: 3/21/23 4:18 P.M.
ST. ANTHONY, Idaho (ABC4) — Daybell’s motion to compel discovery was denied by Boyce Tuesday, East Idaho News reported. The motion asked prosecutors to turn over all written and recorded statements made by Chad while in custody.
On Monday, March 13, they received recordings of approximately 3,000 phone calls and five in-custody visits including Chad. However, Daybell’s attorneys said that it’s an ongoing matter, as Chad remains in Fremont Jail, and continues to make phone calls.
Boyce stated that “it’s not necessary to compel any further discovery,” as the prosecutors have complied with previous requests from the defense to provide all necessary evidence.
As for Daybell’s motion to exclude late-disclosed evidence, Boyce said he will issue a written ruling Wednesday on the motion, East Idaho News stated. Daybell’s attorneys motioned to exclude any evidence turned over on Feb. 27 at 4:07 p.m., as it was “late.” Boyce stated all evidence must be submitted prior to Feb. 27.
Boyce said that procedurally, “disclosures were late and deadlines were missed,” but he repeatedly said there was no misconduct on behalf of the prosecutors.
In the hearing on March 21, Boyce also said that Daybell’s desire for the case to proceed to trial on April 3 puts her at risk.
“I would caution the defendant… by insisting on going forward with the trial now, knowing there’s additional evidence they are not prepared to address (is) a risk,” said Boyce. “The decision to continue forward without a continuance is a decision only the defendant, with the competent advice of her council, can make.”
However, since Daybell did not waive her right to a speedy trial, and has stood by that decision, she will be tried on April 3.
ORIGINAL STORY: 3/21/23 1:15 P.M.
Daybell is being tried for the alleged murder of her two children, Joshua “JJ” Vallow, 7, and Tylee Ryan, 16. She is also being tried for allegedly conspiring with her husband, Chad Daybell, to murder his first wife, Tammy.
Daybell motioned to dismiss the death penalty on March 5, and according to East Idaho News, Judge Steven Boyce motioned in agreement to take the death penalty off the table in a hearing on Tuesday, March 21. He reportedly made this decision “to ensure the rights of the defendant to a fair trial are protected.”
According to Nate Eaton of East Idaho News, this means jury selection and trial will likely be shorter as there won’t be a sentencing phase. Boyce will issue Daybell’s sentence if she is found guilty, instead of the jury voting on the death penalty or life in prison.
The original motion to dismiss the death penalty listed several reasons it should be dismissed, including media saturation, multiple violations by the government, and the government’s knowledge of Daybell’s mental health.
During the hearing, Boyce also ruled on the motion Daybell’s attorneys filed for prosecutors to turn over all written and recorded statements made by Chad while in custody.
“While we are disappointed and respectfully disagree with today’s decision, we will continue to vigorously pursue justice for Tammy, Tylee, and JJ,” Prosecuting Attorneys Rob Wood and Lindsay Blake issued in a statement.
This post will be updated as ABC4 News receives more information on the hearing.