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Judge grants extension to file a motion in Daybell case

Prior argued Daybell’s case should be tried separately from his wife Lori’s
Chad Daybell was arrested booked into the Fremont County, Idaho Jail after human remains were...
Chad Daybell was arrested booked into the Fremont County, Idaho Jail after human remains were found on his property.(Fremont County Sheriff's Office/KMVT)
Published: Jan. 28, 2022 at 11:52 AM MST
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FREMONT COUNTY, Idaho (KMVT/KSVT) — A judge has granted a request from the lawyer of Chad Daybell for an extension to file a motion to dismiss the case against him.

Daybell’s attorney, John Prior, will have until March 23 to argue in favor of a dismissal after Daybell himself opted not to attend a virtual hearing involving Prior, prosecution, and Judge Stephen Boyce.

According to KIFI, Prior stated he also wants transcripts of another trial hearing he believes may impact Daybell’s case, but prosecutor Rob Wood disagreed.

“The state does feel comfortable saying that his client wasn’t even the subject of the grand jury proceeding that day,” Wood said. “The only way that additional Grand Jury proceedings could reasonably be used to attack the initial indictment is if new charges were brought against the defendant.”

“I’m entitled to that information, additional information and if there were witnesses and testimony, I should be afforded a chance to get that information prior to me even filing any kind of a addressing any concerns I might have in the Grand Jury transcript,” Prior said.

Prior argued Daybell’s case should be tried separately from his wife Lori’s. The pair are charged with the deaths of Lori’s two children, Joshua JJ Vallow, and Tylee Ryan.

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