ST. ANTHONY, Idaho (ABC4) — Lori Vallow Daybell motioned Sunday to dismiss the death penalty citing due process, cruel and unusual punishment and equal protection as the cause.
Daybell is charged with the alleged murder of her two children, JJ Vallow and Tylee Ryan. She is also charged with conspiring with her husband, Chad Daybell, to murder his first wife, Tammy.
According to the motion, Daybell believes the Court should dismiss the death penalty for the following reasons:
Media saturation of her case is still persistent
Daybell’s motion states that even though the Court has tempered the media exposure to potential jurors by banning cameras from the courtroom, she said the risk of the media tainting the juror pool is still great. According to Daybell’s motion, there have been non-stop articles about the case and the rehashing of arguments at each hearing which expose potential jurors to prejudice and bias against the defendant.
There have been allegedly multiple discovery violations by the government in this case
According to the motion, there are discoveries that have not been supplied to the defense counsel. Including statements of a co-defendant. Daybell’s motion alleges that some of the information could be favorable to her position, and if that were the case the death verdict would be overturned and the case would start over.
“The government has bates stamped over 80,000 documents in this case, yet has admitted that it’s just the bulk of it, not all of it,” the motion states.
The government wanting to kill a mentally ill person is a troubling thought
According to the motion, Daybell’s mental illness is known to the court and the government. And although a new opinion was submitted by the government that Lori Daybell is evil instead of mentally ill, her motion asserts this is no reason for a death sentence.
“Even if the government’s new opinion of [Lori Daybell] has some believers that the [she] is just evil, we don’t kill witches anymore in America.”
The State of Idaho doesn’t have chemicals to kill people on death row
The motion cites the case of Gerald Pizzuto as a reason for not putting Daybell on death row. According to the motion, the Idaho Department of Corrections can’t find drugs for killing, which is why Pizzuto has been on death row for 35 years.
The motion states that the Idaho legislature is currently debating a new law that would allow them to use a firing squad. But according to Daybell, “moral decency certainly can’t accept the thought of marching a blindfolded mentally-ill woman in front of a firing squad.”
Daybell concludes in her motion that they would still try to use the old methods if she was put on a death sentence. The motion said, “even if the government is successful in convincing a jury to kill her, it will never happen.”
Daybell’s trial is set for April 3, and requirements for attendees are located here.