welcome to what's the crime i'm linda
and today we're going to be talking
about the interesting motions that were
filed
by chad daybell's lawyer john prior and
district attorney rob
wood looks like chad wants it all to go
away
this whole entire situation along with
his lawyer meanwhile
rob wood would like their cases join
together and have chad and lori reunited
again but before i get into it if you'd
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let's get into it
first on august 27 2020
chad dabel's lawyer john pryor filed a
motion
and asked a judge to dismiss the entire
case
saying there wasn't sufficient evidence
presented at the preliminary hearing
that we heard on
august 3rd and august 4th here's what it
says
grounds of motion said motion is based
upon the lack of sufficient evidence to
continue to bind defendant
over upon all four charges as presented
to the court at the preliminary hearing
on august 3rd
and august 4th of 2020 further the
charges are not supported by the
evidence and duplicative
as allegations against the defendant
further the prosecution has yet to
present evidence
to support when the alleged acts is
supposedly to have
taken place and if the defendant acted
in any manner to support these
allegations the prosecution made
assertions
in his complaint and information that
are vague and overly broad
those assertions violate defendant u.s
and idaho constitutional rights
to be fairly notified and appraised of
when how and what he is accused of doing
defendant reserves the right to add
additional defenses to this motion
once the state has provided all the
discovery they are required to provide
to the defense
then mr pryor asked for a transcript of
the preliminary hearing
and that a hearing to dismiss the
charges be pushed out
long enough for him to review the
evidence and also that transcript
here's what it says for the request of
the transcript
it is hereby ordered that a transcript
of the preliminary hearing in this
matter shall be prepared and produced
the defendant shall incur the cost of
production and preparation of the
preliminary hearing transcript
at his expense said transcript shall be
prepared and
submitted to defendants counsel no later
than the first day of october 2020.
side note can you imagine the size of
this transcript of the preliminary
hearing
not to mention the bill that chad will
incur
or shall incur this is definitely not a
cheap document
and it's going to be huge here's what it
says in the court document about pushing
the date out
the grounds and reasons for this motion
are as follows
one the defense has filed a request for
preliminary hearing transcript
two review of complete discovery which
as of yet has not been provided to
defendants counsel
and of the requested transcripts will be
necessary in order to
adequately prepare and argue the legal
basis
for dismissal of the charges and is
necessary to protect the defendant's
constitutional rights
three the defense will be unable to
review and analyze the complete
discovery required
by the idaho criminal rules in time to
file all motions within the time stated
by
icr 12d and the rule set forth by this
jurisdiction
four the ends of justice will be served
by granting this motion
wherefore defendant respectfully
requests that his honorable court grant
his motion to extend time to hear
and file 12 be motions for the reasons
set
forth above again here the discovery is
going to be absolutely
massive and be prepared for a lot of
deep dives here on it's a crime
now mr pryor has until october 20th to
file a motion if he wants to move the
trial
to another venue to avoid potential jury
bias
so next district attorney rob wood
then filed a jointer motion asking for a
jointer of the cases
and that the and that chad and lori be
tried together as co-defendants
and it states the state of idaho by and
through the madison county prosecutor's
office
which has been appointed as a special
prosecutor in the above caption case
and pursuant to idaho criminal rules 8b
and 13
hereby moves the court to join the
defendant chad dabel's case
with his co-defendant laurie valo
dabel's case fremont county case number
cr2220838
based on the fact the charges against
the defendant and the co-defendant
allege
they participated in the same act or
series of acts and conspired to commit
the alleged acts or series of acts
this motion is supported by the attached
memorandum
and the state requests a hearing on this
matter and then in the memorandum that
was filed
i'll read a little bit to you it says
the state of idaho has moved this court
for an
order joining the defendant chad dabo's
case with his co-defendant lori valo
dabel's case in fremont county and then
the case number
and then it talks about statements of
facts the defendant chad dabal was
charged on june 10
2020 with two counts of destruction
alteration or concealment of evidence
a felony in violation of idaho code and
two counts of conspiracy to commit
destruction alteration or concealment of
evidence
a felony in violation of idaho code the
co-defendant laurie valo day bell here
and
after laurie dabell was charged with two
counts of conspiracy
to commit destruction alteration or
concealment of evidence
a felony in violation idaho code on
june 29 2020. the charges in both cases
are based on actions alleged to have
occurred
between september 8th 2019 and june 9th
2020 and involving the willful
destruction alteration
and or concealment of dead bodies to
cover up the commission of a felony
specifically the charges relate to the
discovery of laurie dabel's minor
children's bodies
on her husband chad dabal's property and
lori dabo's alleged conspiracy with chad
dabell and others including
but not necessarily limited to her
brother alex cox now deceased
in committing those acts a preliminary
hearing was held in chad dabel's case on
august 3rd
to 4th 2020. at the conclusion of the
preliminary hearing chad dabo was bound
over to answer to the district court
laurie debell waived her preliminary
hearing which was scheduled to be heard
august 10th and 11th 2020 and
just a recap too from that preliminary
hearing the judge reviewed
that's his whole point of that hearing
he reviewed everything
there was and said it was going to
proceed to the next stage
so by john pryor requesting hey this you
know this isn't sufficient evidence and
blah blah blah
well that kind of goes against the judge
right but he has a right to do this but
i'm really glad that rob wood is
actually going hey no let's combine
these two because it's going to be
you know the same kind of thing so then
in this document there's the argument
section that talks about
a lot of case law and here's what the
end says
due to the nature of the conspiracy
charges alleged against the day bells
the state's evidence in both cases is
nearly identical
and the trial for each case will be
nearly identical
further the statements the day bells and
alex cox each made as co-conspirators in
furtherance
of the conspiracy are allowed as
evidence against each of them
and as such it promotes judicial economy
and efficiency
to have each defendant in the same trial
while those statements are introduced
the evidence presented at chad dabal's
preliminary hearing which will be
expanded on
at trial established that the day bells
acted in concert
to mislead law enforcement and others in
regards to the location of the deceased
children's bodies
judicial economy would require that the
state not be required to try essentially
identical cases of a husband and wife
acting as co-conspirators twice
upon waiving her preliminary hearing
lori dabel's case was assigned to a
different judge
than chad dabel's case assigning the
defendant's cases to separate judges
will create an
undue burden on the state by requiring
repetitive work and hearings
i totally agree the victims and living
relatives of the deceased minor children
are also prejudiced if they desire to
attend
all the hearings they have a right to
attend the state understands the
high profile nature of this case and the
workload it will present to the court
and the judge that presides over the
case
however judicial economy efficiency
inconsistency will be better served by
consolidating the cases
and assigning the consolidated case to
one judge
consolidating the cases removes the
possibility of inconsistent pre-trial
rulings
on issue of evidence and procedure due
to the sensitive nature of this case the
family members of the deceased victims
should not be required to endure
multiple repetitive trials
and hearings when the case can and
should be consolidated
absolutely agree let me know what your
thoughts are in the comments below
in conclusion it says the joiner of
trials for co-defendants alleged to be
involved in the same act or transactions
is favored by the courts
furthermore the courts have consistently
determined that joiner of
co-defendants cases are especially
appropriate where they are charged with
conspiracy
in the case before this court the day
bells are both charged with the same
crimes of conspiracy to commit
destruction
alteration or concealment of evidence
chad dabel's further charges of
destruction
alteration or concealment of evidence
are the resulting and completed crimes
of their conspiracy
trials in these matters will require the
same witnesses and evidence be presented
by the state
in order to preserve judicial economy
and efficiency avoid delays in bringing
either defendant to trial and for the
benefit of the witness and victims
these cases should be joined this is the
exact type of scenario contemplated
under ircp 8b and 13.
therefore the state respectfully
requests this court consolidate the day
bell's case
into one case and again i'm really glad
mr wood is doing this and filed this
motion it just makes sense
i do wonder though what rob wood
actually
thought when he saw mr pryor
wanting to get the case entirely
dismissed
my thoughts are are you freaking kidding
me now
something that was also just reported by
justin lama fox news
he obtained body cam footage from hawaii
in the short clip that i saw it
basically showed lori standing beside
the rental vehicle
and her getting into the police car
there wasn't a whole lot there i'm
wondering if justin's going to come out
with more
but as always we got to see her
signature smirk and i love that justin
lum actually commented on it i'll update
you if and when there is more footage
and you can see the clip right here
in this body cam footage lori valo
doesn't say much to officers but as we
now know
nearly a month later she's arrested in
kauai
where are your kids no comment they've
been missing for four months you have
nothing to say
before nate eaton of east idaho news
confronted laurie vallo
and chad dabell advising that we have a
search warrant
and don't let them use any
communications kawhi police stopped the
newly wed couple at the kauai beach
resort on the afternoon of january 26th
body camera footage obtained by fox 10
shows valo and daebel pulled over in the
black ford explorer they rented
the day prior valo had been served with
a court order from
idaho to produce her missing kids j.j
valo
and tyler ryan within the next five days
police say valo and dabel spent the
morning on the beach
hours later the mother of jj and tyler
served with a search warrant
she doesn't speak much to officers
instead responding
with a smirk then valo is taken to a
kawaii cop card to be detained
court documents say police found j.j and
tyler's birth certificates a bank card
issued to tylie
jj's ipad and a second ipad logged into
his account
finally the boys school registration
receipts from rexburg idaho
but never a sign of the kids staying
with their mother on the island there's
people around the country praying for
your children
praying for you guys why don't you give
us answers that's great
fallow and daybel would spend nearly
another month vacationing in hawaii
before police arrested valo on child
abandonment charges in february
by june 9 the fbi made the gruesome
discovery of the children's remains
buried at daebel's property
in salem idaho now chad's jury trial is
set for
january 11th to the 29th and mr pryor
has until october 20th
to file a motion if he wants to move the
trial to another
venue like i mentioned to avoid
potential jury bias
he has been charged with two felony
counts of destruction alteration or
concealment of evidence
and two felony counts of conspiracy to
destroy alter or conceal
evidence laurie is scheduled to be
arraigned next week on september 10th
she's been charged with two felony
counts of conspiracy to alter conceal or
destroy evidence
and three misdemeanor counts of
resisting or
obstructing officers and solicitation to
commit a crime and contempt of court
let's have a chit chat below what do you
think is going to happen with these
motions
let me know your thoughts in the
comments below please subscribe if you
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thank you so much for watching see you
soon
