Lori Vallow Sentencing Deep Dive

Hello, my Good Friends! It's been a while since I've sent out a newsletter, but Lori is being sentenced tomorrow, and it's time to take a deep dive into Idaho sentencing.

Personal Update. It's been a busy year so far for me, and likely to remain busy for the remainder. Of course, Lori Vallow's trial began in early April. My daughter (and only child) was married in early May. In fact, the verdict in Lori's case came in while I was at her bridesmaids' brunch! The wedding was perfect and beautiful. I had the honor of officiating and it was a precious experience. In mid-June, I had the hip replacement surgery I'd been putting off for more than a year. Those of you who watch the YouTube channel know how apprehensive I was about it, but my recovery has been nothing short of remarkable. I'm hoping to be back to kayaking and taking long walks soon. Of course, there's also that small issue of writing a book. I've promised my publisher a first draft by the end of the year and I'm DEEP into it. I'm happy with the way it's coming together but admit that after a full day of working on the book, it's hard to sit down and write a newsletter. Still, sentencing can be pretty confusing, so now is an excellent time to get into it.

Idaho Sentencing. There are two types of sentencing schemes, determinate and indeterminate. Many states instituted determinate sentencing in the late 1980s and early 1990s. It was a time when there was a push for tough-on-crime measures, including mandatory sentences for violent crimes and drug manufacturing. It was also during this period that many states instituted strict controls on the precursor ingredients for methamphetamine including pseudoephedrine. Arizona, where Lori will face charges for conspiring to murder her fourth husband, Charles Vallow, has a determinate sentencing structure, meaning Lori will face a mandatory sentence of life with parole available after 25 years if she is found guilty. The Arizona judge will not have any discretion to deviate from the sentence. Conversely, Idaho, where Lori will be sentenced tomorrow, has an indeterminate sentencing scheme. These types of sentencing rules give judges wide latitude in fashioning a sentence.

Under Idaho Statute 18-4004,

18-4004. PUNISHMENT FOR MURDER. Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first degree shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty as required under the provisions of section 18-4004A, Idaho Code, and provided further that whenever the death penalty is not imposed the court shall impose a sentence. If a jury, or the court if a jury is waived, finds a statutory aggravating circumstance beyond a reasonable doubt but finds that the imposition of the death penalty would be unjust, the court shall impose a fixed life sentence. If a jury, or the court if a jury is waived, does not find a statutory aggravating circumstance beyond a reasonable doubt or if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than ten (10) years during which period of confinement the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct, except for meritorious service. Every person guilty of murder of the second degree is punishable by imprisonment not less than ten (10) years and the imprisonment may extend to life.

This means the minimum sentence Judge Boyce could impose is life in prison with the possibility of parole after ten years. This does not mean he has to impose that sentence. He could order Lori to serve much more, so let's break it down. The underlying sentence is life in prison. The only question is whether the judge will order life without the possibility of parole (LWOP) or whether he will permit parole after some fixed period. According to a report by The Sentencing Project, in 2020, the state of Idaho had 521 inmates serving a life sentence with the possibility of parole, 130 inmates serving life without parole, and 22 whose sentences were structured such that they would not be eligible for parole in their lifetime. Remember, Lori was found guilty of three separate and discreet murders on three separate incident dates. That means the sentences do not merge. The judge could order either that the sentence for each run concurrent (at the same time) or consecutive (one after the other). The maximum sentence for the murder charges could be three consecutive LWOP sentences. The minimum could be three concurrent life sentences with the possibility of parole in ten years (meaning she would only serve ten years before she was eligible for parole because all three sentences are running at the same time).

So what factors go into the judge's decision? Idaho Statute 19-2521(2) tells us there are many factors that the judge can consider and that each sentence should be specifically tailored to each defendant. The judge has received a report from a pre-sentence investigation and will carefully consider the information he has been provided in the report. A few factors from the statute that are relevant to Lori are, (d) There were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense; (g) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime. Pre-sentence investigations are thorough and in-depth. They should be only slightly less in-depth than the work a mitigation specialist would do on a death penalty case. The investigation looked at Lori's entire life, her education, job experience, relationships, and of course, her medical and mental health history. While her mental condition was used as a defense in the guilt phase, it is a factor in sentencing, and the judge will have to decide whether there were substantial grounds tending to excuse or justify Lori's criminal conduct. The judge also has to consider factors in Idaho Statute 19-2521(3) that weigh in favor of imprisonment, including (a) There is undue risk that during the period of a suspended sentence or probation the defendant will commit another crime harmful to another person; (b) A lesser sentence will depreciate the seriousness of the defendant's crime;

(c) Imprisonment will provide appropriate punishment and deterrent to the defendant.

So now it's time to gaze into the crystal ball and make a semi-educated prediction. Since the PSR is confidential, we can only speculate on its contents but must assume it includes a complete review of Lori's upbringing and any influences on her attitudes about being law-abiding. Remember, her father, Barry Cox is an extremist, who does not recognize the government's right to dictate citizen conduct, and believes the Internal Revenue Service should be abolished. The PSR will also include any evidence of past trauma, and all information about her religious beliefs, her mental condition, and how each informed the other and contributed to her crimes. Armed with all that information, I believe Judge Boyce will sentence her to three concurrent sentences of life in prison with the possibility of parole in 25 – 30 years. Until that time, she would not get any credit for good behavior or be able to shorten that period by participating in prison programs, but he would get credit for the pretrial time she has already served. Lori just turned 50, so under that sentence she would be eligible for parole when she is 72 or 78 years old. The remaining financial charges will run concurrently with the life sentences. Some other considerations might sway the judge in this direction. Chad is still facing the death penalty in a trial scheduled to begin on April 1, 2024. I am sure both sides are waiting to see what sentence Lori gets before considering if Chad will take a plea deal. If the state offers something similar, he will probably take it to avoid the death penalty. That benefits everyone. The state doesn't have to bear the financial burden of yet another high-visibility trial or years of appeals, and the families get certainty. Additionally, the families will finally be able to lay Tylee and JJ to rest.

Of course, it is possible I'm wrong and the judge will give her life without parole. Like everyone else, I'll be earnestly watching the live stream. Many creators are carrying the stream, but you can also watch it here on Judge Boyce's YouTube channel: https://www.youtube.com/@JudgeStevenWBoyce. I won't be traveling to Rexburg/St. Anthony for the sentencing. Six hours of driving is a long trip on a newly replaced hip, not to mention getting in line in the wee hours to get a seat. I will be going live on Monday, right after the sentencing is over. Here is that link: https://youtube.com/live/pnipaZCHpvQ Gigi McKelvey is in Rexburg and will be broadcasting from there. Here is the link to her channel https://www.youtube.com/@PrettyLiesAndAlibis

Thanks again to all of you that sent good wishes to me for my daughter's wedding and a quick recovery from surgery. I appreciate you all so much!