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ST. ANTHONY – Seventh District Judge Steven Boyce has granted Chad Daybell’s request to move the trial from Fremont County and it will likely end in Boise.
Boyce released his decision on Friday following a relocation hearing held earlier this week.
John Prior, Daybell’s attorney, argued that significant media attention would affect the ability to find a fair and impartial jury in Fremont County. Prior requested that the proceedings move to Ada County and Boyce allowed the request.
“The Court has always considered the citizens of Fremont County to be fair, attentive and dedicated jurors when called upon to fulfill this critically important civic duty,” Boyce wrote in its decision. “The Court has no doubt that in the absence of the extraordinary circumstances presented here, Fremont County would have been an ideal location for this trial and an ideal panel of jurors from which to select tutors of fact to decide this case. However, this is no ordinary case.
Prosecutors Rob Wood and Lindsey Blake argued the trial should remain in Fremont County, but a sequestered jury could be brought from another part of Idaho. Boyce denied a jury’s transport request, but said he would rule on a request for receivership at a hearing into the matter.
As for moving the trial to Idaho Falls, Rigby, Blackfoot or some other part of the Seventh District, Boyce said that would not alleviate the publicity issue of the case.
“The court determined that a transfer to the Seventh Judicial District would not solve the problem, as the entire Seventh District is part of the saturated media coverage and local interest that the court took into account in deciding this. question regarding Fremont County, “Boyce wrote.
In making his decision, Boyce said he took into account the population from which to draw jurors, courthouse facilities, staff, courtroom availability, citizen attendance control and media and jury security.
“The court concludes that Ada County would offer the best opportunity to conduct the trial in this case,” Boyce wrote.
Daybell and his wife Lori Vallow Daybell are charged with several felonies, including conspiracy to commit murder and first degree murder. The charges relate to the deaths of Joshua “JJ” Vallow, 7, Tylee Ryan, 16, two of Lori’s children, and Chad’s first wife, Tammy Daybell.
Lori’s case is on hold after Boyce turned her over to the Idaho Department of Health and Welfare in June when a mental health professional found her unfit to stand trial.
Chad Daybell’s trial date has not been set.
Read Boyce’s entire decision here.
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