She Waived!
Why Did Lori Vallow Daybell Waive Her Right to a Preliminary Hearing?
August 6, 2020
Here is a quick update on today's developments.
Lori Vallow Daybell made a brief appearance in court today and waived her right to a preliminary hearing. Lori’s waiver was filed with the court, but Judge Eddins, leaving nothing to chance, also had Lori appear in court and confirm on the court’s record that she knew she had a right to a preliminary hearing and was waiving it.
After two days of Chad Daybell’s preliminary hearing, many wondered why Lori would make this decision. It appears, it was something she had discussed with Mark Means in advance, because the signed waiver was dated July 17, 2020.
Why would she waive her right to a preliminary hearing? Here are a few of the reasons:
Attorneys are expensive. By waiving the preliminary hearing for what appeared to be an inevitable outcome, she saved a substantial cost.
Every time a witness testifies, their story becomes more solidified. The more often a person’s testimony is recorded under oath, the harder it gets to find holes in their story. It’s better to have a witness that has not already been rigorously cross-examined. Witnesses also become more practiced with each appearance. That means that subtle changes in their body language or demeanor are lost.
The details of the conditions of the children’s bodies are horrifying. The fewer times the public hears that information, the more likely it is that a fair jury pool can be found. Likewise, her attorney probably didn’t want the public scrutiny of her reactions that would have happened in a preliminary hearing.
Chad Daybell was on the prosecutions’ witness list. That means he would have had to appear and take the stand. There is an exception to the Idaho Rules of Evidence that says spouses can’t invoke the spousal privilege in a case involving the child(ren) of either spouse. The only alternative would have been for Chad to assert his Fifth Amendment right against self-incrimination, and that would have made both of them look guilty.