Connect with us

Idaho

Chad Daybell’s attorneys ask Idaho to take death penalty off the table in his case

Published

on

Chad Daybell’s attorneys ask Idaho to take death penalty off the table in his case


Estimated read time: 4-5
minutes

MERIDIAN, Idaho — Chad Daybell’s attorneys on Thursday asked Idaho to take the death penalty off the table in his case, arguing that Lori Vallow Daybell was considered more “culpable” but the state withheld the death penalty as a possible sentence in her case.

Daybell and his wife Vallow Daybell were charged as co-defendants with the deaths of Vallow Daybell’s children, 16-year-old Tylee Ryan and 7-year-old JJ Vallow, and Daybell’s previous wife Tamara Douglas Daybell.

The state of Idaho filed an intent to seek the death penalty against Daybell in August 2021 and Vallow Daybell in May 2022. Daybell waived his right to a speedy trial in August 2021.

Advertisement

Judge Steven Boyce decided to sever the couple’s cases in March this year after new DNA testing was given to all parties involved in the case. Since the results came back so close to the scheduled April 3 trial date, the defense attorneys for both Chad Daybell and Lori Vallow Daybell felt there was too little time for additional testing to be done on the sample.

Boyce stated that because the evidence was not given to the defense by the state in a timely manner, and Lori Vallow Daybell refused to waive her right to a speedy trial, he felt there was no option but to sever the cases. Boyce also granted a motion to dismiss the death penalty for Lori Vallow Daybell in March ahead of her trial, saying he did so “to ensure the rights of the defendant to a fair trial are protected.”

Lori Vallow Daybell was found guilty in May of killing her two children and conspiring to kill her new husband’s wife in the high-profile murder case. She was sentenced to life without parole in July.

Chad Daybell’s attorneys argue in the new motions that the death penalty should be taken off the table because it is “arbitrary, capricious and disproportionate” in light of the death penalty being struck from his wife’s case.

The attorneys say the court struck the death penalty against Vallow Daybell in March because it was “an appropriate discovery sanction” and “necessary” to ensure her rights were protected. They allege that if Daybell had not waived his right to a speedy trial, he would not still be facing the death penalty.

Advertisement

“The court did not extend the decision to Mr. Daybell, even though the state had committed the same discovery violations against Mr. Daybell, since he had waived his speedy trial rights. As such, the court has permitted the continued pursuit of only one co-defendant’s death due solely to that defendant’s waiver of speedy trial rights,” Daybell’s attorneys wrote.

They also allege in the motion that the state is not seeking the death penalty “because Mr. Daybell is more culpable or somehow deemed more deserving of the death penalty.”

His defense team said if the court continues seeking the death penalty for Daybell, it would establish a “dangerous precedent” for cases with co-defendants.

They added that when Daybell waived his right to a speedy trial, he did not know it would lead to a situation where he would be facing “far more severe punishment” than Vallow “solely on the basis of this asserted right.”

Daybell’s attorneys claimed in the motions that Vallow Daybell was more culpable than him. During Vallow Daybell’s trial, the state argued that she was the “most culpable party” in the alleged conspiracy and that she manipulated Daybell through emotional and sexual control into executing the plan, according to his attorneys.

Advertisement

“As such, per the state’s own presentation of evidence and arguments in the trial of Lori Vallow, Mr. Daybell has lesser culpability than his co-defendant who did not face the death penalty,” the document states. “Only the person alleged to be the manipulated follower is facing the possibility of the death penalty.”

The attorneys request that Daybell face a maximum punishment in line with “the co-defendant alleged to be more culpable.”

Additionally, his attorneys asked that the state be limited to arguments consistent to those used by prosecutors in Vallow Daybell’s trial regarding Daybell’s culpability.

Prosecutors asked the state to present “the same theory” that they said was presented during Daybell Vallow’s case: that Vallow Daybell was the driving force behind the conspiracy that led to the three deaths, and that Daybell was manipulated by his new wife and he “would not have acted without direction from Lori Vallow.”

“It would plainly be inconsistent with the core of the state’s case to argue in Mr. Daybell’s trial that he was the person that planned or set in motion a conspiracy leading to these deaths,” the attorneys wrote.

Advertisement

A hearing will be held on Nov. 29 for all three motions at the Fremont County Courthouse in St. Anthony, Idaho.

Most recent Daybell case stories

Cassidy Wixom covers Utah County communities and is the evening breaking news reporter for KSL.com.

More stories you may be interested in



Source link

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Idaho

Workshops planned for North Idaho water rate increase request • Idaho Capital Sun

Published

on

Workshops planned for North Idaho water rate increase request • Idaho Capital Sun


The Idaho Public Utilities Commission will host two public workshops Tuesday to share information on an application from a northern Idaho water utility to increase the rates and charges for water service.

CDS Stoneridge Utilities, based in Blanchard, is seeking approval from the commission to increase rates. 

The North Idaho utility serves approximately 384 residential and commercial customers in the area. The utility said it has invested more than $900,000 in its system since 2018. To recover the investment, the utility is asking the commission for approval to increase rates for customers by an average of 261%.

Advertisement

Workshop details:

Date: June 4
Times: 1 p.m. to 3:30 p.m, and 6 p.m. to 8:30 p.m.
Where: Blanchard Community Center, 684 Rusho Lane

Commission staff will be present to give an overview of the water utility’s application and to answer any questions from the public. 

For those unable to attend either workshop, a video presentation of it will be posted to the commission’s homepage in the “News Updates” section.

The commission is accepting written comments on the utility’s application until Aug. 7. Comments are required to be filed through the commission’s website or by e-mail using case number SWS-W-24-01. If computer access is not available, users can mail their comments to: 

Advertisement

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074

Additional information on CDS Stoneridge’s application is available on the Idaho Public Utilities Commission website here.

GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Advertisement



Source link

Advertisement
Continue Reading

Idaho

Hundreds of Catholics gather in Pocatello for 'once-in-a-lifetime experience' – East Idaho News

Published

on

Hundreds of Catholics gather in Pocatello for 'once-in-a-lifetime experience' – East Idaho News


POCATELLO — Hundreds sang and prayed along the half-mile walk from St. John’s Catholic Student Center to Caldwell Park on Thursday. Residents stopped what they were doing — walking dogs, mowing grass, watering lawns — to look on as the National Eucharistic Pilgrimage passed through Pocatello en route to the National Eucharistic Congress in Indianapolis.

The Pilgrimage’s stop in Pocatello began with a visit to the St. John’s Catholic Student Center on the Idaho State University campus. More than 100 worshippers representing parishes from eastern Idaho and beyond filled the church and an overflow room.

But, as Bishop Peter Christensen of the Roman Catholic Diocese of Boise said, Idaho was not on the original pilgrimage path. And, despite its late addition, the Gem State has seen the greatest number of people register to be involved of any state along the four routes, he said.

According to the pilgrimage’s website, four groups of pilgrims took to four separate preplanned routes, working their way through much of the Continental United States toward Indiana.

Advertisement

Kalama Hines, EastIdahoNews.com

Eucharistic Pilgrimage
Eucharistic Pilgrimage
Eucharistic Pilgrimage

Christensen said the St. Junipero Serra Route, which began in San Francisco, was altered to add several stops in Idaho, including Fruitland, Emmett, Glenns Ferry and Pocatello, before continuing on to Salt Lake City.

Nancy Bevins, a resident of Hamilton, Montana, drove into town to be part of the pilgrimage.

“This is the closest it’s going to be to Hamilton,” she said. “I mean, I’m getting goosebumps just being here. It’s a once-in-a-lifetime experience.”

Following a brief stop inside St. John’s, the pilgrims, members of the St. John’s clergy and some 200 participants walked behind a cross-bearer and Christensen, who carried the Monstrance, a vessel used to carry the sacramental body of Christ during devotional ceremonies. They went about half a mile to Caldwell Park, where even more participants waited.

Lydia Noble, a Pocatello resident and former City Council candidate, was present at Caldwell Park. A member of the Catholic faith, Noble told EastIdahoNews.com how rare it is to see the Monstrance.

Advertisement

Noble also spoke about how important it is for people of the Catholic faith to take part in things like the Eucharistic Pilgrimage.

“It’s very important, that’s why I’m here,” she said. “It is a symbol of our faith, it is a special event, and the Monstrance is not usually displayed except for these events — that’s a big part of our faith.”

The Eucharistic Pilgrimage, according to its website, is “a beautiful fusion of the journey TO Jesus and the journey WITH Jesus.” Pilgrims began their separate journeys from California, Texas, Massachusetts and Minnesota and, as Bevins said, created a symbolic cross over the center of the nation with their routes.

Eucharistic Pilgrimage
Screenshot of the Pilgrimage route map on the National Eucharistic Pilgrimage website

Noble said she was momentarily surprised by the turnout, as she waited with what was around 50 people for the arrival of the procession.

“I’m very pleased (with the turnout),” she said. “When I first came — I was in Idaho Falls, so I didn’t make it at 4:30 — I cam straight here (to Caldwell Park), and there was hardly anybody here. But when the procession came around the corner there, it was a big relief.”

Advertisement

Bevins said she was not surprised by the turnout either, though she was surprised by how many people fit inside the St. John’s church.

“I didn’t know there were this many people inside,” she said. “I got here, and I was outside, I thought, ‘Oh, this isn’t many people.’”

Eucharistic Pilgrimage
Kalama Hines, EastIdahoNews.com

Eucharistic Pilgrimage
Eucharistic Pilgrimage
Eucharistic Pilgrimage

The pilgrims prayed at Caldwell Park for blessings of love, grace and mercy, and both mental and spiritual direction on their journey.

Then, accompanied by their hosts from the Diocese of Boise and local churches, they continued to St. Anthony’s Catholic Church for a Holy Adoration, then to St. Joseph’s Chapel, where they worshipped until mass at 7 a.m. Friday.

Following Friday mass, the pilgrims were escorted to Preston, where they were joined by their hosts from the Salt Lake City Diocese.

Advertisement

According to the website, the Eucharistic Pilgrims will travel more than 6,500 miles — between the four routes — and be joined by more than 1,000 hosts and over 100,000 participants.

Eucharistic Pilgrimage
A woman falls to her knees as the Monstrance is displayed at Caldwell Park. | Kalama Hines, EastIdahoNews.com

=htmlentities(get_the_title())?>%0D%0A%0D%0A=get_permalink()?>%0D%0A%0D%0A=htmlentities(‘For more stories like this one, be sure to visit https://www.eastidahonews.com/ for all of the latest news, community events and more.’)?>&subject=Check%20out%20this%20story%20from%20EastIdahoNews” class=”fa-stack jDialog”>





Source link

Continue Reading

Idaho

Attorney General Labrador Sues the EPA and Biden Administration to Stop New Rule Violating State Water Rights

Published

on

Attorney General Labrador Sues the EPA and Biden Administration to Stop New Rule Violating State Water Rights


[BOISE] – Idaho Attorney General Raúl Labrador, along with attorneys general from North Dakota, Alaska, Iowa, Nebraska, South Carolina, and South Dakota, sued the EPA and the Biden Administration to protect state rights over their water and wildlife resources.  Idaho and North Dakota are leading the coalition of states, which filed their complaint in the U.S. District Court in the District of North Dakota. 

The EPA’s new rule—dubbed the Tribal Reserved Rights rule—forces states to prioritize tribal claims over the rights of their citizens. The EPA claims authority under the Clean Water Act to require states to protect so-called “tribal reserved rights”—a concept that the federal government has never been able to consistently define—in designating uses for state waters and setting water quality standards. But as the name implies, the Clean Water Act is about preventing water pollution; it has nothing to do with guaranteeing alleged tribal rights involving state waters, like the right to ceremonial practices or the right to fish or hunt for preferred species at preferred levels.  The Final Rule clearly exceeds the authority established by Congress.

”The Biden Administration’s EPA must be held accountable for their unconstitutional overreach into the management of state resources and relationships,” said Attorney General Labrador.  “Idaho has 3100 miles of navigable waterways—more than any other state in the lower 48 and the CWA does not strip Idaho of its right to manage our rivers effectively. In fact, contrary to the EPA’s new rule, the CWA preserves state authority over its water resources.”  

The states are aggressively defending their rights and are asking the federal court to enjoin, and ultimately vacate, the new rule. Litigation is ongoing in this matter, so stay tuned.

Advertisement



Source link

Continue Reading

Trending