ST. ANTHONY, Idaho (ABC4) — Chad Daybell’s attorney filed a motion this week to remove the death penalty, claiming his wife, Lori Vallow Daybell, who did not face the death penalty, is more culpable, according to East Idaho News.

The news outlet reported that both Lori and Chad were indicted in May 2021 on multiple counts of first-degree murder and conspiracy to commit murder in connection to the deaths of Chad’s former wife, Tammy Daybell, and two of Lori’s children, JJ Vallow and Tylee Ryan.

Lori was found guilty of murder, conspiracy to commit murder, and grand theft in July. In October, she filed an appeal to the Idaho Supreme Court.

The news outlet reports that District Judge Steven Boyce had removed the death penalty in Lori’s trial a few weeks before the trial start date due to her refusing to waive her right to a speedy trial, which reduced the amount of time attorneys had to prepare for a death penalty trial. She was later sentenced to three consecutive life sentences.

Chad’s attorneys are now arguing to remove the death penalty, saying prosecutors in Lori’s trial claimed she was the mastermind and manipulated Chad through “emotional and sexual control.” They also say if two co-defendants “are equally culpable” it is unconstitutional to give the most extreme punishment to just one of the defendants, according to East Idaho News.

For more information on Lori’s conviction and appeal and Chad’s upcoming trial, visit ABC4’s Vallow-Daybell category.