Motions to Unseal Documents
Hello, Friends.
As you probably know, Judge Boyce denied my July 30, 2022, motions to unseal all the sealed documents. I argued that the judge did not follow Idaho law when ordering documents and hearings sealed. He denied the motions on procedural grounds, claiming that I had not followed the proper procedures when I filed my motions. The judge gave me leave to refile the motions.
No one likes to have their mistakes pointed out, especially publicly. I don’t blame him for getting a bit of his own back by pointing out my errors. Each state is different when it comes to the procedural process. All my research and experience told me that a motion to intervene was the proper filing. The press just filed a motion to intervene in Donald Trump’s case, arguing that the search warrant affidavit should be redacted and released. However, it turns out asking to intervene isn’t the proper filing in Idaho.
I refiled my documents on August 24, 2022. Yesterday, August 25, 2022, the court sent them back to me. Now the court is just playing games. They returned them to me because of a formatting error. They don’t know me very well. I just reformatted them and returned them today, but it’s starting to feel like a game of tennis. And yes, this time, the return was petty. The Idaho Supreme Court has a committee that mediates disputes between the media and the courts. If Judge Boyce continues to avoid holding a hearing on my motions, I will contact them for help.
I’ve been told by someone who practices in Fremont and Madison counties that Judge Boyce’s predecessor, Judge Moeller, was much stricter on sealing documents and court hearings. So it’s nice to know this isn’t a systemic problem and that it seems isolated to Judge Boyce.
But here’s the perplexing part: I wrote in my last newsletter that at the end of the August 16, 2022, hearing, Jim Archibald told the judge he had a matter to take up “under seal.” The judge must be taking my motions to heart because yesterday, he filed this.
Fascinating, don’t you think? While the judge still didn’t hold a hearing before entering this order, at least he issued some sort of finding as to why the hearing was closed. It’s lip service to the law, and so far, the judge has avoided unsealing any documents. The law clearly states that the court should seal any documents concerning a defendant’s medical status, including their mental health. Judge Boyce was right to seal that conversation.
The order does raise some concerns about Lori’s ongoing mental state. She appeared to be tracking what went on in court at her last hearing, but it’s sometimes hard to tell from outward appearances.
We’ve discussed where the line falls between religious belief and delusion. From everything we can glean, it appears Lori remains firmly entrenched in her belief that she is a goddess, Chad is a prophet, and her legal troubles are just Satan trying to derail their mission. Does that make her unable to aid and assist? I would say it does not, but I might argue differently if I were her lawyers. If I were them, I might argue that her delusions are causing her to ignore their advice. It’s a tough sell, though, because clients are free to ignore their lawyer’s advice, and they often do. Ignoring your attorney’s advice might be foolhardy, but it isn’t proof that you can’t aid and assist.
To be honest (frankly, your honor), I’m much more interested in what the court is hiding with his order to seal all the documents concerning John Prior’s motion to disqualify all the prosecutors. The people have a right to know if their public servants are biased, unqualified, or acting in their own interest. I find it hard to believe any of those documents contain private information or information that will interfere with either party’s right to a fair trial. I suspect the documents contain information that may be embarrassing but that doesn’t fall under any of the legal exceptions to disclosure. There is more than one story here. In addition to a story about the murder of at least four innocent people, there’s a story to tell about small-town justice and religious prejudice.
There is a hearing set for August 30, 2022, for Chad. The only open motion is the motion John Prior filed for permission to appeal the court’s ruling on disqualifying the prosecutors. My local source tells me such appeals are rare. So if the court denies the motion, it will just be one more issue to bring up on appeal.
For those who have asked when I might be on with Lauren again, soon, I hope. Nothing is wrong, and Lauren and I are still good friends (for those who jumped to an internet drama conclusion). Truthfully, there is not much going on in the Daybell case right now, and neither of us wants to waste your time repeating information you already know. Lauren and John are interested in cases beyond Daybell, and thankfully, Dr. John is feeling better and is up to making more content. If you missed his analysis on TGIF last week of Lori’s behavior at her court appearance, be sure to catch it. Lauren is releasing her long-awaited interview with Suzanne Freeman this evening. Freeman was the author of the first book on near-death experiences Chad published, and she knew Chad well. I, for one, will be breaking out the red wine and the popcorn.
As summer winds down, I am spending time with lots of books, making mountains of notes. And preparing FOIA requests to file as soon as the trial and sentencing are done.
I hope you are all making the most of the last few summer weeks. It’s been three Arizona winters since I had to think about snow, but I’ll soon be pulling my winter trench coat and boots out of storage for the daily trip to the courthouse.
And finally, wristbands are available again! Send your self-addressed stamped envelope to
Lori Hellis
104 E. Fairview Ave. #381
Meridian, ID 93642-1733
