Today's Filings
Hello Friends. Yes, there are a couple of things happening that seem to signal big changes. First, John Prior filed to dismiss his motion to dismiss the case. Confusing I know. Prior filed the motion right after the preliminary hearing, claiming there was insufficient evidence to bind Chad over for trial. That motion has been pending since. It was scheduled to be heard at the same time as the motion to change the venue, but that hearing, on March 22, was vacated. What does that mean? Probably that Prior thinks having a hearing on his motion would be pointless. And why? Because something is going to happen to the present charges.
And, the bigger deal: yesterday, Rob Wood filed a motion Pro Hac Vice. This is a motion for permission to bring a lawyer in who is not licensed in the state. Judges can allow a qualified lawyer who is not a member of the Idaho bar to represent a defendant in a specific case. According to East Idaho News, Wood has asked to add Missouri attorney Rachel Smith to the case. Smith is an experienced death penalty attorney. The motion asks that Smith be permitted to work on “any investigating or resulting case or charges regarding the conduct of the defendants connected with the crimes against Tylee Ryan and Joshua Vallow in Idaho.” According to Wood, Smith is a veteran prosecutor with 25 years of experience including more than 100 homicide and death penalty cases.
There is no question that the Daybell cases have placed a great deal of strain on a small prosecutor’s office. Still, it’s kind of unusual to bring in an out-of-state lawyer rather than ask for help from the state Attorney General’s office.
What does this mean? They’re asking to bring in the big gun to help with the murder charges. The other interesting bit is that Judge Boyce put the March 22, 2021 hearing back on the docket at 3:00 for a hearing with the subject redacted. I suspect this hearing is to determine whether Ms. Smith can join the prosecution team. If the judge permits Smith to join, I expect we will see murder charges shortly after that March 22, 2021 hearing.
That’s my interpretation of the tea leaves – stay tuned.
