Judge denies dismissal request by attorney for Chad Daybell, trial to remain in Ada County

Apr 28, 2022, 6:23 PM | Updated: Apr 3, 2023, 5:52 pm

Chad Daybell pictured, his trial could start in 2024...

The attorney for Chad Daybell had a pair of motions denied Thursday by an Idaho District Judge, including the dismissal of the criminal indictment against Daybell.

ST. ANTHONY, Idaho — Idaho District Judge Steven Boyce turned down a pair of requests Thursday by the attorney representing Chad Daybell.

Chad Daybell attorney denied

Boyce denied a motion by attorney John Prior to have the criminal indictment against Daybell dismissed. Additionally, Boyce also denied a motion to have a jury brought into Fremont County from Ada County. As a result, the trials for Daybell and his wife Lori Vallow Daybell will remain in Ada County.

Both are charged with several counts of first-degree murder and conspiracy to commit murder in the deaths of her children – Joshua “JJ” Vallow, 7 and Tylee Ryan, 16. Both are also facing charges in connection to the death of his first wife – Tammy Daybell.

Previously, the judge had ruled a change of venue for Daybell saying a fair and impartial trial in Fremont County would be difficult. In a hearing on April 19, the attorneys for both Daybell and Vallow Daybell argued that it would be less expensive to keep the trials in Fremont County and transport a jury in from Ada County. 

In turning down that motion, the judge ruled that wasn’t a foregone conclusion. Factors involving sequestration were possible for trials that could last up to 10 weeks.

Both Daybell and Vallow Daybell have pleaded not guilty in the charges against them. 

Vallow Daybell’s trial is set to begin in October, while Daybell will go to trial in January.

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Judge denies dismissal request by attorney for Chad Daybell, trial to remain in Ada County