A Note of Thanks And an update - May 11, 2021

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A Little Gratitude and Answers to Questions

May 11, 2021

Good Morning friends!

This morning, I have to take a moment to share my gratitude. When a writer sets out to write a non-fiction book, she has to convince a publisher that she has the chops to write the story. The publisher wants to know, "what makes you an expert, and who else thinks so?" The first part was easy for me: nearly 30 years of experience as both a prosecutor and a public defender and degrees in journalism and creative writing. The second part, "who else thinks so?" was harder. But thanks to all of you, I'm able to answer that questions resoundingly. More than 2600 of you have subscribed to this newsletter. Six hundred people tuned in to my last YouTube live with Lauren Matthias from Hidden True Crime, and the episode has had 6000 views since! I am overwhelmed and so grateful that my content resonates with so many of you. The response has far exceeded my expectations, and I plan to continue appearing with Lauren and with Trisha Griffiths on Websleuths Live as long as they keep inviting me.

I'm working on my book proposal for the Lori Vallow story. My agent and I will be sending it to publishers over the summer. If you would like to let potential publishers know that you like the newsletter content and that you are looking forward to my book, please send those comments to me. I will be including some of those comments in my proposal. If you send a comment, please include your names so that it's clear that they come from real people and not a bot. You can email it to info@thelorivallowstory.com.

Now, on to the real reason you clicked through to this newsletter.

I've had a few questions about the interplay between Fremont County Prosecutor Lindsey Blake and Madison County Prosecutors/Special Prosecutors Rob Wood and Rachel Smith, so let's break that down.

First, let me say I don't know any of these lawyers and can only tell you what I know about how these systems operate generally. Prosecutors are elected, so everything they do has a political calculation.

The former Fremont County Prosecutor Marcia Murdoch asked the Idaho Attorney General's office to assume responsibility for the investigation and possible prosecution of Tammy Daybell's death. It isn't uncommon when a rural prosecutor's office gets a big case that stretches its resources. Marcia Murdoch didn't run for reelection, and Lindsey Blake was elected. Blake decided to ask the Idaho Attorney General for the case back.

On June 29, 2020, after the children's bodies were found, Judge Steven Boyce appointed Madison County Prosecutor Rob Wood as special prosecutor "for the above-entitled case and all related matters." The order goes on, "per an agreement between Fremont and Madison counties to help in special prosecutions because of the close nexus that exists between the cases." Any suggestion that Wood and Blake aren't coordinating seems negated by the language in the court's order.
It's unclear whether Lindsey Blake or Rob Wood filed the request for a grand jury, and it probably doesn't matter. Grand juries are not confined to hearing only one case. In states that use grand juries regularly, a grand jury panel will hear scores of cases during their service. It's likely two cases will be presented to the grand jury. I think Blake will present the case involving Tammy, and Wood will present the children's case. These are big cases and small rural prosecutor's offices. There are more than enough cases to go around and no reason for the prosecutors to be trying to one-up one another, as some have suggested. While the defendants are the same, and some of the facts surrounding the cases may overlap when it comes to presenting motive, these are two separate cases. It makes sense to prosecute them separately.

Now, let's see how good my crystal ball is. I predict that we will see murder and conspiracy to commit murder charges against both Chad and Lori in both cases. I expect Wood to seek the death penalty for the children. I expect both Chad and Lori to blame the actual deaths of the children on Alex. Given Idaho's tepid history with the death penalty, I expect Wood to offer to deal away the death penalty in return for guilty pleas to conspiracy to commit murder and enough other crimes to stack the sentences consecutively and assure they never get out of prison. So will they go for a deal? It's hard to say. I recall Summer's comments to Rob Wood about how Lori might prefer death. They and their attorneys are also well aware of Idaho's history with the death penalty, and they may decide to roll the dice.

I expect the state of Arizona to send the case involving Charles Vallow to their grand jury once the indictments come down in Idaho.

The one wild card in all this? Zulema. We don't know what Zulema got immunity for. It could be something big, like knowing the extent of Alex's involvement, or it may be something less impactful to the case, like helping Alex commit suicide. We just don't know. Here is why discovery is so important. Not only is it essential in preparing for a trial, but it's also essential when assessing a plea offer. If you don't know the full extent of the state's evidence, how can you decide if a plea offer is a good deal? That means that their lawyers should be combing through the mountains of discovery in this case and not appearing on Court TV as an expert in unrelated cases.

And, just an aside, because I can't help myself: the federal charges against Derek Chauvin do not constitute double jeopardy because they are entirely different charges. The state charges were for first-degree murder. The federal charges are that his civil rights were violated and arise from:

The federal Civil Rights Act U.S.C 42 § 1983 :
Every person who, under color of any statute, ordinance, regulation, custom or usage, of any state or territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction of the United States to the deprivation of any rights, privileges or immunities secured by the Federal Constitution and its laws, is liable to the party injured in an action at law, suit in equity or other proper proceeding for redress.

If Chauvin is convicted in federal court, it opens the door for the victims to sue for redress.

Shifting gears a bit, Nate Eaton and Heather Daybell received subpoenas from Chad Daybell's attorney, John Prior, to appear in court on June 9, 2021. This June hearing was set for the court to hear the motion to change venue and a potential motion from John Prior to sever the defendant's trials. It seems that Nate and Heather were both subpoenaed to talk about pretrial publicity. I'm sure Nate was called to talk about the news coverage, and I expect Prior to grill Nate on chartering a helicopter to fly over the property when the children's bodies were discovered. I expect Prior to want to discuss Heather Daybell's letter to her congregation and the impact that had.

Here's the thing: with recent developments, we can expect the court to cancel these hearings. If, as we anticipate, the grand jury issues indictments on or right after May 20, 2021, that will upset all of the current charges. Wood will likely include the current charges in any charges that come out of the grand jury and dismiss the current case. Why do you ask? First, because it makes presenting it cleaner and more efficient because Wood only has to present the evidence in one trial. Second, it restarts the speedy trial clock.

There are exciting developments afoot, and you can count on me to give you the legal perspective. Look for frequent newsletters and watch for me on YouTube at Hidden True Crime with Lauren Matthias or on Websleuths with Tricia Griffiths. Be sure to subscribe to both to get notified of upcoming episodes.

Please remember to keep the families of the victims in your hearts. When we get wrapped up in the intellectual challenge of this complex case, it's easy to lose sight of the fact that Tylee, JJ, Tammy, Charles, Alex, and Joe were all people who were loved and whose absence has left a huge hole in the lives of their loved ones.

And in case I didn't say it clearly enough, THANK YOU for your continued support.