Lori's Arraignment and those pesky motions

What actually happened today, and what do the motions for joinder and change of venue mean?

September 10, 2020

Hello, my friends!

You didn’t miss anything; I skipped last Friday’s post because things have been pretty quiet on the Vallow/Daybell front.

First, I need to say a few words of thanks. When an author looks for a publisher for a book, potential publishers want to see that the author has a following. They want to know that there are people who are interested in the author’s work and the story she has to tell. It’s what publishers call a “platform.” I began this newsletter as a way to engage with the story as well as with potential readers of my future book. Today, nearly 1500 of you have subscribed, and many have taken the time to email me with compliments, comments, and suggestions, for which I am grateful. I can’t thank you enough for the response. I also want to say a word of thanks to Awen Rees. For those of you that aren’t familiar with her, besides having a cool name, Awen also has an excellent YouTube channel where she covers true crime stories. She generously encourages her followers to become subscribers to the newsletter. I also highly recommend Hidden, A True Crime Podcast, hosted by forensic psychologist Dr. John Matthais and his journalist wife, Lauren Matthias.

I recently connected with the Reddit community and will be doing a session called Ask Me Anything on September 19, 2020. For more information or to ask questions, follow the Reddit True Crime subgroup.
 
Now about today’s developments. Lori Vallow Daybell was arraigned on two counts of conspiracy to conceal, alter or destroy evidence of a crime. John Prior filed his objection to the state’s motion to join the cases, and he also has a pending motion to change the venue.

Let’s talk about the arraignment first. As those of us who watched know, an arraignment is a very quick and necessary formality – but what is it really? The arraignment is the formal notification from the court to the defendant that the state has filed charges against them and what those charges are. It’s also the defendant’s first opportunity to enter their initial plea. Lori pled not guilty, and a trial date was set in April. I know. When the judge said April, it made a lot of people spit out their White Claws. It’s not all that surprising, really. First, the judge said the date was agreed to by the state and the defense beforehand. Finding a date for trial can be a real exercise in frustration.  You have to find a date that works for the court and the defense attorney, and then the prosecutor has to be sure all their witnesses are available, working around police training and vacations.  Second, the dates are nothing but placeholders anyway. If both the motions for joinder and change of venue are granted, as I expect those dates will change.

So let’s look at both motions. Joinder of cases is common when the charges against co-defendants are the same and arose out of the same criminal act or occurrence, making the evidence the same for both co-defendants. Judges and prosecutors like joining cases and the appeals courts favor it in Idaho. Defense lawyers, on the other hand, don’t like them. That said, John Prior’s objection to the motion was so cursory it was nearly nonsensical. Suggesting that the case shouldn’t be joined because of the pretrial publicity is just silly. If anything, the court could see it as all the more reason to join the cases, so the court only has to deal with the scrum of the press once.

There is a difference between Chad’s charges and Lori’s, and if I were Mark Means, I’d be exploiting it. Chad is charged with the conspiracy, but he’s also charged with actually concealing, altering, or destroying the evidence, while Lori is only charged with the conspiracy. That means the state only has to prove Lori’s involvement before the actual crime and that someone who was in on the conspiracy took a substantial step to complete it. That’s still a step removed from what Chad is charged with – Chad’s charges amount to actually putting his hands on the children’s bodies. If the trials are combined, Lori runs the risk of them both being painted with the same brush. If the trials are separate, the jury will only hear about the conspiracy and a bit about what steps the conspirators took toward actually concealing, altering, or destroying the evidence. In Chad’s trial, the jury will hear about what happened to the children and what part Chad played. That’s certain to prejudice Lori because any jury, no matter how they are instructed, will have a hard time separating Lori’s involvement in the conspiracy from Chad’s part in actually handling, hiding, and in Tylee’s case, dismembering and burning, the bodies. If I were in Mark Means shoes, I’d be arguing this one until I’m blue, and I’d be making a meticulous record for appeal.

John Prior has filed a motion for a change of venue. Unlike his response to the joinder motion, this motion seems more thought out. The motion says that all the supporting information will be presented at a hearing on the motion. We’ve all heard the rumors that there were people in Rexburg canvassing and asking people’s opinions about the cases. I expect the court will grant this motion. In Idaho, the judge has the choice to either stay on the case and hear it in the new venue or to allow the state court administrator to appoint a new judge in the new jurisdiction. There are a few options. Moving the case to Idaho Falls or Twin Falls would be more convenient for people who are traveling from Rexburg to be witnesses. Moving the case all the way to Boise would give both sides access to a better cross-section of potential jurors who may not have formed an opinion about the case. I think there is plenty to justify moving the case. Not only has the media coverage swamped the small town, but in a community where 96% of the population are members of the Church of Jesus Christ of Latter-Day Saints, a case involving aberrant LDS doctrine has most certainly elicited strong feelings.

Don’t be surprised if there is a lull in the cases. I expect there to be a motion hearing set shortly to deal with the motions for joinder and change of venue. Once those motions are decided, the court can set firm trial dates for both Chad and Lori.

Until then, stay safe out there, and be sure to email me with questions or comments.