Pretrial Conference and Bail Reduction
What the Heck Happened?
July 17, 2020
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Judge Mallard heard a few issues and set a trial date in January. So what happened today, and why?
Lori entered a not guilty plea and her trial on the three misdemeanor charges for January 25, 2021, to January 29, 2021. East Idaho News reporter Nate Eaton reported that DA Rob Woods and Lori’s attorney, Mark Means, have been discussing consolidating Lori’s Madison County Charges with the charges in Fremont County. If those charges are consolidated, this date will almost certainly be canceled.
I watched the live feed as Judge Michelle Mallard took up the issue of Lori’s bail again. She lowered Lori’s bail from $1 Million to $150,000. I know this causes a great deal of anxiety for the family, and everyone invested in the case, so let me outline what happened and why. Idaho defendants who are in custody have an absolute right to bail unless they are charged with a crime punishable by death. Idaho Criminal Rule 46 lays out the factors a judge must consider when setting bail.
Defendant’s employment status, history, and financial condition. Lori is unemployed and seems to have a spotty work history. We aren’t privy to Lori’s financial situation, but presumably, her lawyer is. He reports that she has “limited financial ability.” Surely, she has no access to any money she does have while she is in jail.
The nature and extent of the defendant’s family relationships. Rob Wood commented that her only family relationship is with Chad, who is her co-conspirator in the charges from Fremont County. It’s doubtful that there is a family member who would be willing and appropriate for Lori to be released to in a third-party release agreement.
Defendant’s past and present residences. Lori has a history of moving. Residential instability means higher bail.
Defendant’s character and reputation. Ouch. Everyone knows Lori honeymooned in Hawaii while her children were buried in Chad’s backyard.
The persons who agree to assist the defendant in attending court at the proper time. This factor could relate to item #2, a family member, or could relate to an advocate or a representative from a mental health or drug treatment facility. It probably doesn’t have much application to Lori’s case.
The nature of the current charge and any mitigating or aggravating factors that may bear on the likelihood of conviction and the possible penalty. This factor applies only to the charges currently pending in Madison County. Those are the Obstructing a Police officer, soliciting a crime and contempt. One of the things the judge needs to consider is what the ultimate sentence might be if the defendant is convicted, and how long they have already been in custody. Judge Mallard noted that Lori had already been in jail for about five months. Judges sometimes set a minimal bail if the defendant has already been in custody as long or longer than any a potential sentence.
Defendant’s prior criminal record, if any, and if defendant has previously been released pending trial or hearing, whether defendant appeared as required. Lori has no criminal record and has never failed to appear for a hearing or trial.
Any facts indicating the possibility of violations of law if defendant is released without restrictions. Another essential function of bail is to give the defendant an incentive not to commit crimes while on release, especially crimes relating to their existing charges, such as tampering with evidence or attempting to influence witnesses.
Any other facts tending to indicate that the defendant has strong ties to the community and is not likely to flee the jurisdiction. There is not much evidence that Lori has strong ties to the Madison County community. She just moved there in September 2019. Presumably, she no longer has an apartment or other residence.
What reasonable restrictions, conditions, and prohibitions should be placed on defendant’s activities, movements, associations, and residences. The judge ordered that if she is released, she is to have no contact with Chad or any other possible co-conspirators in the Fremont County case.
Judge Mallard considered the factors, then lowered Lori’s bail. Like a lot of states, Idaho has a bond schedule that provides guidelines for the sheriff in setting bond. The recommended bond for Resisting or Obstructing a Police Offer is $300. Judge Mallard considered the overall situation when she set the bond at $50,000 for each charge for a total of $150,000.
Why fight over bond if she’s still being held on one million in Fremont County, and what does this all mean? Lawyers must work their cases step by step, and case by case. Mark Means has to deal with two cases. He has to play a little game of chess, trying to anticipate future moves. Lori’s million-dollar bail could be lowered, or the Fremont County charges could be dismissed for some technical flaw (unlikely, but it does happen). Means has to work both cases separately unless and until they are consolidated. With the cases in different counties, consolidating would take a bit of administrative wrangling. It would probably also assure that Rob Wood would stay on the case. Consolidation isn’t the same as a change in venue. If the charges are consolidated, they will belong to one county or the other. Rob Wood, who is very familiar with the case, could be loaned to Fremont County, either as the lead prosecutor, or to prosecute the remaining Madison County charges. Rest assured that prosecutors are talking to each other, including the DAs in Madison and Fremont Counties, the Idaho Attorney General, and the prosecutors in Chander and Gilbert, Arizona. The FBI has been assisting with investigation in the case, but so far, there hasn’t been a hint of federal prosecution. That said, federal prosecutors usually wait for state prosecutions first. Although the charges are in multiple jurisdictions, I think it’s safe to say they are all working together.
What if Lori’s bail is lowered in Fremont County, or there is a problem that means those charges have to be dismissed? I can assure you that the DAs in Madison and Fremont Counties have a murder indictment teed up and ready. They will wait until their case is thoroughly investigated, or until some legal issue forces their hand. There are a few reasons for the long run-up to murder charges. First, once the charges are filed, as long as the defendant is in jail, they have a right to a speedy trial. That means they have a right to have a jury trial on the charges within 60 days. While most defendants in murder prosecutions waive that right to give their legal teams more time to prepare for trial, the DA has to be ready if the defendant asserts their speedy trial rights. Also, the prosecution only gets one shot at the charges. If a trial is held and Lori is found not guilty, she cannot be retried for the same crime.
These small and seemingly insignificant hearings are essential and necessary to get to a trial on the ultimate question of who, if anyone, killed at least five people. Like DAs and law enforcement, we have to learn to be patient observers.
This week’s regular Friday post will be the first of three parts on the LDS beliefs that may have led Chad and Lori to murder.
Thanks again for joining me on this journey.
Have questions? Email me at info@thelorivallowstory.com.
Lori Hellis is an author and an experienced criminal attorney. Her book, Children of Darkness and Light, The Lori Vallow Story, is expected out in 2022.
