FREMONT COUNTY, Idaho — A judge is expected to release his ruling on whether the upcoming trial of an Idaho man accused in the murders of three people should be moved out of Fremont County.
Both Chad Daybell and his wife Lori Vallow are charged with first-degree murder, conspiracy to commit first-degree murder, grand theft by deception, grand theft, and insurance fraud in the deaths of 16-year-old Tylee Ryan and 7-year-old JJ Vallow, Vallow's children from previous relationships. The children's bodies were found buried in Daybell's yard in June 2020.
Daybell is also accused of killing his late wife Tammy Daybell, who was found dead in the weeks before his marriage to Vallow.
Vallow, who told people she believed her children had been taken over by evil spirits, has been ruled mentally unfit to stand trial in the case.
Daybell's lawyer John Prior argued Tuesday that moving the case out of Fremont County was the only way to guarantee a fair trial amid the "incessant, excessive publicity" and attention that has surrounded the case.
Prior pointed to signs and ribbons left at the courthouse calling for justice for the two children, along with public vigils and the sale of merchandise from sweatshirts to cupcakes related to the high-profile case.
"It is overwhelming, the amount of attention this case has gotten," he said. "The reality is that what we need to do is to get this out of a rural community that has made up their mind."
The defense attorney asked the judge to move the trial to Boise, where a larger population base would make it easier to find jurors who have not already been swayed one way or the other about whether Daybell is guilty. Prior presented Twin Falls or Pocatello as alternate options.
Prosecutor Rob Wood rejected the idea that a fair jury could not be assembled in Fremont County, and accused Prior of failing to prove that news stories on the killings have "utterly corrupted" the trial atmosphere.
Wood had previously suggested bringing in a jury from another area to Fremont County and sequestering them over the course of the trial; Judge Steven Boyce declined to take that request up in Tuesday's hearing.
Fremont County Sheriff Lynn Humphries and Rexburg Chief of Police Shane Turman both spoke during the hearing, telling the judge that it would cause a hardship if they had to send law enforcement officers across the state to testify. The departments would be tasked with paying for detectives' hotel rooms, food, travel costs and overtime in such a scenario, Turman said, in addition to being left shorthanded as multiple employees are called to testify.
"I have five out of my six detectives who were significantly involved [in the Daybell case,]" he said.
Prior argued that the detectives could be scheduled to come to court on different days and that the sheriff's office and police department could get coverage help from other nearby agencies. He also argued that the sheriff had acted improperly by posting about the case on his personal Facebook page after the remains of JJ and Tylee were unearthed last summer.
Ultimately, he told the judge, the stakes of an impartial jury could not be higher.
"This is the biggest case in the country right now, and the case involves six counts that could cause Mr. Daybell to be given a lethal injection," Prior said.
Boyce will issue a written decision on whether to move the trial in the coming days.
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