Things That Spark Gratitude

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A few gratitudes and a little case news


November 20, 2020

Hello Friends.

Today’s newsletter is a little about the Vallow/Daybell case, a lot about gratitude.

In America, we are poised to celebrate our Thanksgiving holiday. It’s a holiday where we are all encouraged to consider all the things we have to be grateful for, and it always turns my heart to those I’ve celebrated with in the past, who are no longer with us. Experts tell us that gratitude can actually rewire our brains, and diminish anxiety, and depression, but it might be hard to focus on gratitude during this pandemic year, so I thought I would start the conversation.

I am grateful for all of you. I’m grateful that I have been welcomed into this community of smart, curious people who have come to trust my expertise. I’m grateful for all the people who have taken the time to email me with questions and comments; your participation makes me better. I’m grateful for people close to the case who have trusted me with their confidence.

I’m grateful for my family and my friends and thankful that COVID-19’s impact on our family has been minimal. Those who have had a brush with it have fully recovered, and most have remained virus-free; we’ve all been able to work from home and have not experienced the financial hardship that many have. I am aware that 250,000 families will be missing someone at their table this Thanksgiving, and I encourage us all to hold them in our thoughts and prayers. I am also aware that many people will be wondering where their Thanksgiving meal will come from this year, and I urge us all to be generous givers if we can. As a military veteran, I am always grateful that there are still young men and women willing to dedicate their very lives to my safety and security, and yours.

While our Thanksgiving will be different this year, gathering for dinner via Zoom rather than in person, I’m grateful for the chance to see the faces I love, knowing they are safe. Be kind to one another and gentle with yourself; we’ll get through this together.

Now, to the case news. As you all know, Arizona authorities are reviewing the death of Lori’s third husband, Joseph Ryan. The action comes thanks to Joe’s sister, Annie Cushing, who made public a recording of Lori saying that she thought about murdering Joe. Does this mean anything will come of it? It’s hard to say. Arizona authorities are notoriously slow. I live in the suburban Phoenix area, where it’s not unusual for it to take more than a year before a crime is charged. Everything we know about Joe, including what we learned recently from Fox 10’s Justin Lum’s interview with Joseph Ryan’s divorce attorney, Keth Taniguchi, is that his conflict with Lori was very destructive for Joe. Whether Lori was directly connected to Joe’s death, there’s no dispute that she drove him to the brink emotionally and financially.

Court dates seem so far away, and some are worried that Chad and Lori may end up in jail so long they will be released with time served. I am not a mathematician; I always say if I could do math, I would have gone to medical school, but I’ve been studying sentencing for years, and I think I can do this math. Idaho has indeterminate sentencing. That means the judge can sentence within a range and set the amount of time a person must serve before they are eligible for parole. Check out my last post for a discussion of indeterminate vs. determinate sentencing. Indeterminate sentencing makes it hard to predict an outcome. Still, assuming a judge imposes the full five years, they would get somewhere around 30% off for good behavior and credit for whatever time they have served awaiting trial. That could leave a couple of years on their sentence. It will be up to the judge to decide when they are eligible for parole. Understand that parole eligibility doesn’t mean parole is a given. It only means they can plead their case to the parole board. I also don’t believe prosecutor Rob Wood will allow this scenario to happen. The prosecutor is taking his time and allowing the case to develop while taking steps to pin down witness testimony by pursuing the current charges and having them testify under oath.
Here are the latest court dates:
January 6, 2021 – hearing on Motion to Dismiss and Motion to Change Venue
June 2, 2021 – Pretrial conference for joint jury trial
July 12 – August 6, 2021 – joint jury trial
If the judge grants a change of venue at the January 6, 2021 hearing, the trial dates will change to accommodate the new county’s trial schedule.

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Did Rob Wood commit prosecutorial misconduct?

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Why No Murder Charges? Some thoughts on sentencing