A judge has acknowledged “extraordinary circumstances” in “Doomsday cult” dad Chad Daybell’s case and granted his appellate attorneys more time to file for post-conviction relief.
Daybell 55, was sentenced to death in June for his role in killing his first wife, Tammy, as well as his second wife Lori Vallow Daybell’s two kids, Tylee and Joshua “JJ” Vallow.
He was a self-published writer of Doomsday-focused fiction when he and Vallow Daybell had an affair while they were part of a “doomsday cult” that shared apocalyptic religious beliefs.
Chad Daybell (left) and Lori Vallow Daybell (right).
AP Photo
On Wednesday, Idaho Judge Steven Boyce heard arguments from Ian Thomson, one of Daybell’s three appellate public defenders. The judge did not allow the media to take photos or video in the courtroom.
Daybell appeared via Zoom from the Idaho Maximum Security Institution in Boise, dressed in a dark green jumpsuit, and did not speak during the session. Thomson provided several reasons for needing additional time to file for post-conviction relief, a process where a defendant seeks to modify or overturn a conviction or sentence.
“We are fully dedicated to Mr. Daybell and to providing him with the best representation possible,” Thomson said, The East Idaho News reports. “We are aware of the constraints we face and will do our best to address them.”
In Idaho, post-conviction relief motions in death penalty cases must be filed within 42 days of sentencing, with hearings and a judge’s ruling to be completed within 90 days. This sets the deadline for Daybell’s case at October 15.
Thomson noted the extensive evidence that needs review, including 16,800 pages of trial transcripts and 12,700 gigabytes (18,000 CDs) of other materials. His office is also managing seven other death penalty cases and has been working with Daybell for less than three months.
A banner with photos of Tylee Ryan and her half-brother J.J. Vallow is seen on a fence set up as a memorial near where her body was found on May 10, 2023 in Rexburg, Idaho. Their mother Lori Vallow Daybell and her fifth husband, Chad Daybell, were convicted in their deaths — as well as the death of his ex-wife, Tammy Daybell.
Natalie Behring/Getty Images
“We found critical information just days before the trial that significantly alters our approach to mitigation,” Thomson said, per the outlet. “As we continue to investigate, we anticipate uncovering further insights. The case’s complexity and scale make it clear that additional time is necessary for effective representation.”
Fremont County Prosecuting Attorney Lindsey Blake recognized the substantial amount of evidence and testimony involved in Daybell’s case. She did not oppose the request for additional time but emphasized it should not be prolonged beyond what is necessary.
“While an extension beyond 90 days appears needed, it should not be indefinite,” Blake said. “Given the length of the trial and pre-trial proceedings, we understand the need for thorough review by the defense.”
The Idaho Supreme Court must approve the judge’s ruling for the post-conviction relief process to proceed. If granted, the judge will schedule a conference to keep the case on track.
“This case presents extraordinary circumstances that make it impossible to complete the post-conviction petition by October 15,” Boyce stated.
Prosecutors in Vallow Daybell’s case called witnesses who claimed the couple conspired to kill the two children and his first wife because they wanted to overcome any obstacles to their own relationship.
The prosecution also said the couple justified their killings by creating an apocalyptic belief system where evil spirits can possess people and turn them into “zombies.” The only way to save someone’s soul is for them to die.
Lori Vallow Daybell poses for mugshots on March 2023 (left) and May 2023 (right).
Ada County Jail/Madison County Jail
Lori Vallow Daybell’s Legal Proceedings
Lori Vallow Daybell is serving a life sentence in Idaho for the same crimes as her husband.
Additionally, her trial in Arizona for the alleged shooting death of her fourth husband, Charles Vallow, is delayed until February 2025.
In July, Vallow Daybell’s lawyers filed a motion to deny the media from filming the most recent court proceeding. Her defense team claimed local news outlet FOX 10’s coverage has “vilified and maligned” Vallow Daybell, impacting her constitutional rights to a fair trial.
Her defense team further claimed finding a jury pool for this upcoming trial would be difficult due to the media coverage.
Vallow Daybell is due back in court on September 6 but according to online records, has asked to waive her appearance for that day.
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