Judge denies request to reduce bail amount in Vallow-Daybell case, preliminary hearing slated in July
NEW: Magistrate Judge Michelle Radford Mallard denied a request to reduce Lori Vallow-Daybell’s bond amount from $1 million in the Madison County Courthouse on Friday.
Lori Vallow-Daybell entered the Madison County Courtroom dressed in an orange and white prison uniform and wearing a protective face mask. Attendance at the hearing was limited due to COVID-19 precautions individuals in the courtroom also wore protective face mask.
Vallow-Daybell's defense attorney, Mark L. Mean’s initially began his argument to support a reduction in bond, by stating an objection filed on Thursday from Madison County Prosecutor Wood as untimely.
“It’s completely unnecessary and extremely prejudicial to my client,” Means stated.
Madison County Prosecutor Rob Wood said Means failed to articulate any basis for the timing of his filing being improper, and Judge Mallard agreed.
Continu his argument to support a reduction in bail, Means moved on to the substance of the filings, highlighting an incident outlined in a motion filed to the court where he claimed Vallow’s constitutional rights were infringed upon at the Madison County Women’s Detention Center. More specifically, related to the recording of a conversations between Vallow-Daybell and himself. Means said when he went to the Madison County Women’s Detention Center on March 30, to visit with his client, he was instructed by law enforcement he would be conversing with Vallow in a public room, that had been converted into an attorney-client room due to COVID-19 restrictions. Mean’s said he was informed by law enforcement his conversations would not be recorded, but had a hunch his conversations were being recorded based on “beeps” he heard in his phone conversations with Vallow.
In court, Means attempted to use the substance of the affidavits from Lt. Ron Ball and Lt. Jared S. Wilmore to strengthen his argument. While Judge Mallard said the affidavits from the officers indicate there were two phone conversations in question, Means was overstating the information in them to support his argument.
“You keep saying the recordings are passed on to people” I don’t see any evidence either in your filing or in what you’re saying,”
Both in his objection and in court, Prosecutor Wood stated that while at least one recording did happen accidentally, law enforcement took the proper steps when knowledge of its existence was made by deleting it, and that Defense Attorney Mean’s argument failed to show substantial prejudice against Vallow.
Judge Mallard ultimately found Mean's claim was based more on Means gut reaction than evidence. Before stating her decision, Judge Mallard held out a pocket constitution and stressed how important she takes allegations of anyone’s constitutional rights be denied, but that she found no evidence supporting Mean’s claims.
"On that basis I'm denying the motion for bond reduction because I cannot find any good cause to reduce bond further than it already has," Mallard said.
This was the third request from Vallow to have her bond amount lowered. In March, Judge Farren Eddins agreed to lower Vallow’s bond from $5 million to $1 million.
A preliminary hearing, where the prosecutor will try to convince a judge that there’s sufficient evidence to move forward with the charges against Vallow-Daybell, is slated to take place July 9 and 10 at the Madison County Courthouse. Vallow faces felony child desertion charges. Her children, 7-year old J.J. Vallow and 17-year-old Tylee Ryan have been missing since September of last year.
Mark Means is also representing Lori's husband Chad Daybell.
It was reported in April by
, that the Idaho Attorney General’s Office is investigating Chad and Lori Vallow Daybell for conspiracy, attempted murder and/or murder in the case Tammy Daybell. Tammy Daybell, was Chad’s former wife, who died in Oct. of last year in Salem, Idaho.
Lori Vallow, the mother two missing Idaho kids last seen in September, will appear before a Madison County Judge at 2 p.m. Friday where attorneys will ask a judge to lower her $1 million bond to $10,000. Vallow's hearing is open to the public, but attendance is limited due ton COVID-19 restrictions. KMVT will be streaming Vallow's hearing today at Madison County Courthouse live through EastIdahoNews, and a video will be made available on this website.
Based on a flurry of court documents submitted this week, Vallow's Defense Attorney claims in a motion Vallow's rights where violated, in part, due to a recording of Vallow's phone conversation being made . Madison County While Madison County Prosecutor Rob Wood filed an
to the motion, he did acknowledge one of Vallow's conservations with her attorney was recorded. On Thursday, an affadvait was submitted to the court from Lt. Ron Ball and Lt. Jared S. Wilmore, which give their accounting of how those events played out.
Lori Vallow's, Attorney of Record, Mark L. Means, and Madison asked for a continuance of Vallow's preliminary hearing that was originally slated on May 7. Maidson County Prosecuting Attorney Rob Wood agreed.
According to court
submitted on Thursday, Lori Vallow's preliminary hearing has now been scheduled to begin 9 a.m. on July 9 at the Madison County Courthouse before Judge Michelle Radford Mallard.