Death Penalty Notice
Hello Friends!
Well, it happened. Fremont County prosecutors have filed their Notice of Intent to Seek the Death Penalty against Chad Daybell. The statement released by the prosecutors is as interesting as the document itself. So let’s break it down.
The notice states that they will seek the death penalty for any or all convictions of First Degree Murder or Conspiracy to Commit First Degree Murder. In all states, there must be aggravating factors to justify seeking the death penalty. In this case, the reason for the charging decisions in the initial indictment becomes clear. Filing the charges as Conspiracy to Commit First Degree Murder and Grand Theft by Deception means that they can now allege that the murders were “for remuneration” and therefore eligible for the death penalty. They also allege that each of the murders was committed in a manner that was especially heinous, atrocious, or cruel or under circumstances that manifest exceptional depravity and utter disregard for human life. These are also aggravating factors that justify the death penalty.
I thought the statement they released was interesting; in it, they said they “conferred with those immediate family members of JJ Vallow, Tylee Ryan, and Tammy Daybell who have indicated a willingness to speak with us and allowed them to provide their input if they wished to do so.” I interpret that to mean at least some of the family declined to speak with the prosecutors. We know that Kay and Larry have had a lot of contact with prosecutors and that Colby Ryan has also spoken with them. Based on past interviews, I suspect Tammy’s sister and brother-in-law would talk to them. What we don’t know is whether any of Chad and Tammy’s children participated. My suspicion is they did not.
No notice was filed as to Lori Vallow Daybell because her case is currently on hold while she receives treatment for her mental health condition.
So, Madame Lori, what happens next? Next will come a flurry of activity as some important issues are sorted out. Let’s study the tea leaves.
Will John Prior remain on the case? Chad has not been declared indigent at this point, but a request may be coming. In Idaho, a person can hire any attorney to represent them, and it’s their responsibility to determine if the lawyer they hire is qualified for their case. If Daybell is found to be indigent and the state appoints an attorney, the lawyer must meet the state’s necessary qualifications for death penalty attorneys. Chad signed his interest in his home to Prior. The deed reflects John Prior and Tammy Daybell as owners. It’s unclear why the title remains that way. In Idaho, which is a community property state, the entire property would generally pass directly to the surviving spouse. Perhaps it’s because there may be a challenge from the life insurance company if Chad is found to be complicit in Tammy’s death, and they want to protect the portion of the property that could go to her children. All of this is speculation. It also means that only half of the equity was pledged to Prior. That’s not much money for a death penalty case, so it’s possible that Prior and Chad could say that money has already been used up, and Chad is now indigent. If that happens, Prior could not remain on as lead counsel, only as a second chair.
Will the trial scheduled for November really happen? I doubt it very much. John Prior has already filed for a change of venue. If, as expected, the motion is granted, it will require that the receiving jurisdiction schedule the trial on their docket. Even if the trial is not moved, preparing a death penalty case in four months is virtually impossible.
Will Chad take a plea? I have said all along that I think Chad is a coward who had other people do his dirty work. I think there’s a good chance he might trade the uncertainty of a death sentence for life in prison without the possibility of parole – I’d say at least 50-50. A sentence of death leaves a lot of room for uncertainty and challenge. Twenty-four states presently have the death penalty, including both Idaho and Arizona. In some states, the governors have imposed a moratorium on executions. There has been ongoing controversy about the death penalty because of the manner in which it is carried out. Many states execute by lethal injection. The difficulty comes because those with medical licenses generally decline to assist in executions. Additionally, many companies that manufacture the necessary drugs refuse to sell to states if they intend to use them for executions. It results in nonmedical personnel ordering and administering the drugs when they can be found. There have been mistakes both in ordering the wrong substances and in improperly administering them. There are legal challenges to lethal injection in many states, including Arizona. Chad’s challenges to the death penalty could go on for years.
Why didn’t the notice include Lori? As you may remember, the judge entered a stay in Lori’s case while she receives mental health services to restore her to competency. When the stay was entered, Lori had not even had an initial appearance on the indictment. I think there would be a good argument that she doesn’t have legal notice of the charges against her yet. From a practical standpoint, I think the state will likely file the same notice against her once she is competent, for the same reason they filed against Chad, to keep true life as an option. I also think that if Chad pleads, Lori will too. If the state files for the death penalty, Mark Means should be off the case. Lori was declared indigent to get the state to pay for her evaluations and mental health treatment. I suppose Means could claim he’s retained and continuing for free, but that would mean there would be no money for investigation and experts.
Lauren Matthias of Hidden True Crime and I will be LIVE tomorrow at 7 pm PDT to talk about this week’s developments. Don’t miss it!
