Attorneys for a mother charged with conspiring to kill her children in Idaho and steal their social security benefits have asked a judge to send the case back to a grand jury because they say the current indictment is confusing.
Lori Vallow Daybell sits in a police car after a hearing at the Fremont County Courthouse in St. Anthony, Idaho, Tuesday, Aug. 16, 2022. Attorneys for a mom charged with conspiring to kill her children and then steal their social security benefits asked a judge on Tuesday to send the case back to a grand jury because they say the current indictment is confusing. Lori Vallow Daybell and her husband Chad Daybell have pleaded not guilty and could face the death penalty if convicted.
During a hearing in the eastern Idaho town of St. Anthony, Vallow Daybell’s attorneys said the conspiracy charges were oddly constructed and likely to confuse a jury. “The conspiracy to commit murder and the conspiracy to commit grand theft are two separate conspiracies,” defense attorney John Thomas said. “We believe it would be confusing to a jury to be able to figure out what elements were met, when the elements were met and to what extent the elements were met.”“I'm not saying that the jury isn't sophisticated enough to sort through that, but I've been practicing law for 20 years and this particular charge baffled me,” he said.
“One was to murder Tylee Ryan and to steal the social security money that was allotted to her, and one was to kill JJ Vallow and steal and collect the social security funds that were allotted to him," Wood said. “We believe the jury will find that there was this agreement, that they agreed to commit these two crimes.”Chad Daybell did not attend Tuesday’s hearing. During the hour-long proceeding, Vallow Daybell frowned much of the time but smiled at other moments.
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