FREMONT COUNTY, Idaho — Chad Daybell may not stand trial until some time in 2022 for the murders of his late wife and his current wife's children in Eastern Idaho.
The trial is currently scheduled to begin on November 8 in Fremont County, but in a court document delivered to the special prosecutor on August 20, Daybell waived his right to a speedy trial.
In accordance with Idaho Code and the U.S. and Idaho constitutions, criminal defendants have the right to be brought to trial within six months of their arraignment, unless they expressly waive that right. Otherwise, they may have the case dismissed.
Daybell was arraigned on June 9 in Seventh District Court, about two weeks after a grand jury returned an indictment accusing Daybell and his wife, Lori Vallow, of first-degree murder and conspiracy to commit first-degree murder in the deaths of Vallow's children, Joshua "JJ" Vallow and Tylee Ryan, and Daybell's late wife, Tammy Daybell.
The prosecution on August 5 filed a notice of intent to seek the death penalty.
No change to the November 8 trial date has been made, but Daybell's waiver clears a legal path for the trial to be postponed past December, to some time in 2022, and his defense is asking for a change of venue -- a motion that doesn't have a hearing until October 5.
Meanwhile, a stay remains in effect for Lori Vallow, who was found mentally unfit to stand trial. She is undergoing treatment in a secure facility.
A status conference for Vallow is set for Monday, August 30.
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