Judge drops death penalty option for Lori Vallow Daybell case

BOISE, Idaho (KMVT/KSVT) — Lori Vallow Daybell was back in court this morning after the defense filed a motion to either throw out the case or the death penalty.

The reason was due to late discovery given to the defense past the deadline.

They also cited media saturation - the mental status of Vallow Daybell - and the inability of the state to execute the defendant if she is found guilty.

Judge Steven Boyce said he had two option to remedy the issue - throw out the case or remove the death penalty.

“In balancing these rights, the court concludes here that as an appropriate discovery sanction, the state will be precluded from seeking the death penalty at trial and the states May 2022 notice of intent to seek the death penalty to be stricken,” said Judge Steven Boyce.

After removing the death penalty, Boyce also said he will be the one to sentence the defendant if she is indeed found guilty, removing the sentencing phase.

Trial is set to begin April 3rd in Ada County.

Copyright 2023 KMVT. All rights reserved.