In September, Chad Daybell's lawyer filed a motion to change the trial location from Fremont County. That hearing was scheduled for last month, but was pushed back to January 6, 2021. Late last week, both Chad and Lori's lawyers submitted additional documents to the court in regards to the January hearing in support of changing the venue of the jury trial.
Chad Daybell and his wife, Lori Vallow Daybell, are facing felony charges in relation to the disappearance and deaths of Lori's two young children: 7-year-old Joshua "JJ" Vallow and 16-year-old Tylee Ryan.
Police found the remains of both children on chad's Salem, Idaho property in June. Police arrested Chad on that day and is being in the Fremont County Jail. Lori had been arrested months earlier for failing to produce her children and is being held in the Madison County Jail.
On January 6, Chad and Lori have a hearing for a motion to change location and a motion to dismiss.
On December 3, Chad's attorney (John Prior) submitted a six page memorandum in support of the motion to change venue to the Fremont County Courthouse.
The attorney listed reasons the trial should be moved. The main reason, he writes, is "a fair and impartial trail cannot be had in Fremont, Madison, or Bonneville Counties." He then lists examples of why an impartial trial will be impossible to find locally.
In the document, he claims the rural communities in the area have "been exposed to inflammatory and inadmissible evidence and an overwhelming amount of media coverage."
Prior then infers the prosecution is trying to advance its own narrative in different ways including Fremont and Madison County officials allowing ribbons to be placed and pictures posted upon courthouse and government property.
Prior also mentions an email Chad's sister sent to fellow female members of the Henry's Fork Stake within the Church of Jesus Christ of Latter-Day Saints in which she stated the facts of the case as she saw them. He says this further limits the possible jury pool.
Prior also says people in the local communities continue to suggest Mr. Daybell belongs to a cult. He writes, "Although there is significant reference to LDS scriptures and religion, the suggestion of cult activities is continually being advanced without any merit."
On December 4, Lori's attorney (Mark Means) Also submitted a document to the court. It is only one page and essentially says Mrs. Daybell will be present for the January 6 hearing on the motion to change venue and the motion to dismiss.
KPVI will cover the motion for change of venue hearing on January 6, 2021. The hearing is set to begin at 9:00 a.m.
If you would like to read the full memorandum submitted by John Prior to the court, please see the attached PDFs.