'Doomsday' Mother Lori Seems Scoff In Idaho Court As Her Attorney Seeks Change In Charges

'Doomsday' Mother Lori Seems Scoff In Idaho Court As Her Attorney Seeks Change In Charges

Updated on August 17, 2022 21:59 PM by Anna P

Attorneys for a mother accused of killing her kids in Idaho and stealing their social security benefits asked a judge on Tuesday to send the case back to a grand jury because they say the indictment is confusing.

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This case garnered international media attention:

Lori Vallow Daybell and her hubby Chad Daybell have pleaded not guilty to conspiracy, murder, and grand theft charges in connection with the deaths of 7-year-old Joshua "JJ" Vallow and Tylee Ryan 17. They could face the death penalty if they are convicted.

During a hearing in the eastern Idaho town of St. Anthony, Vallow Daybell's lawyer said the conspiracy charges were oddly constructed and had the potential to confuse a jury.

One of the conspiracy charges is because prosecutors say the duo planned to kill Vallow Daybell's daughter and steal the social security benefits the child received because her dad had died. The other conspiracy charge involves the same allegations concerning her son's death.

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The defense lawyer asks for the case to be returned to the grand jury:

Under the plan proposed by Vallow Daybell's defense lawyer, the case would be returned to the grand jury so the charges could be tweaked.

Defense attorney John Thomas said, "The conspiracy to commit murder and the conspiracy to commit grand theft are two separate conspiracies," adding, "We believe it would be confusing to a jury to be able to find what elements were met when the elements were met and to what extent the elements were met."

Thomas admitted the case would be "fundamentally unfair."

He said, "I'm not saying that the jury isn't sophisticated enough to sort through that, but I've been practicing law for 20 years and this particular charge baffled me."

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Prosecuting attorney responds to defense motions:

Prosecuting lawyer Rob Wood told the court that the conspiracy charges aren't confusing - they detail a "criminal agreement."

Wood said, "One was to murder Tylee Ryan and to steal the social security money that was allotted to her, and one was to kill JJ Vallow and steal and collect the social security funds that were allotted to him," adding, "We hope the jury will find that there was this agreement, that they agreed to commit these two crimes."

During the proceeding, Vallow Daybell scowled much of the time but smiled at other moments. Sometimes she appeared to laugh or scoff at the legal arguments made by the prosecutor. Chad Daybell did not attend Tuesday's hearing.

Judge Steven Boyce admitted that he would consider the arguments and decide later.

Idaho law enforcement officers started investigating the Daybells in November 2019 after extended family members reported missing the children. During that period, police said the duo lied about the children's whereabouts. Their bodies were buried later on Chad Daybell's property in rural Idaho.

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Lori Daybell and Chad married just two weeks after his ex-wife, Tammy Daybell, died unexpectedly. Tammy Daybell's death was initially reported as natural causes, but investigators had her body exhumed after growing suspicious when Daybell quickly remarried.

 RELATED: ‘Doomsday’ mom Lori Vallow smiles in court as lawyers request a change in charges

Lori Vallow Daybell is charged with conspiracy to murder in Arizona in connection with the death of her previous husband. Charles Vallow was shot and killed by Alex Cox, Lori Daybell's brother, who claimed it was self-defense. Alex Cox later died of what police said were natural causes.

The Arizona legal proceedings are on hold while the Idaho case is underway, and Vallow Daybell has not been scheduled to make a plea in the Arizona case.

Last year, Chad Daybell's five adult children, convinced their father is innocent, spoke out together for the first time to "48 Hours."

RELATED: Mom accused of killing kids in Idaho seeks change in charges

Emma Murray told "48 Hours" contributor Jonathan Vigliotti, "My father needs someone to be a voice for him," adding, "To let people know what's real, what we know."

Murray claimed her dad was "fooled in the worst, most deadly way possible" by Lori Vallow.

Vallow's trial is set for January 2023.

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