Lori Vallow’s attorney, Mark Means, alleges she is being manipulated by her caretakers at the Idaho Department of Health and Welfare, according to court documents filed Wednesday.
Vallow was committed to IDHW after she was declared not competent to stand trial. Means says he met with Vallow in person in October, where he says in the court document “during this discussion, it was brought to my attention of unethical and possible illegal activity, discussions, disclosures, and manipulation of the incompetent Defendant.”
Means said in the document that a detailed investigation into this is a “must for the defendant’s rights and to expose nefarious activities of person(s) elected and or appointed to purse justice not manipulate an incompetent defendant into submission is required and requested by order of this Court.”
Four motions were declared by Means:
- Motion for state to disclose Brady Violations disclosures
- Motion for criminal deposition(s)
- Motion for out of state subpoena(s)
- Motion to disqualify Idaho Department of Health and Welfare
The court document says Vallow is being treated by a clinician employed by IDHW. On October 5, Vallow and the clinician watched the change of venue hearing for Chad Daybell, according to the document.
Court TV reports during that hearing, the clinician recommended Vallow contact the LDS Church legal counsel to discuss her case and provided the phone number for the church counsel. The clinician said she should ask for new legal counsel, instead of her state-appointed public defender.
The clinician allegedly issued an “order” that was part of Vallow’s “homework” for her treatment. Court documents say the clinician “checked in” with Vallow to make sure the assignment was completed.
“Defendant would not have done this on her own without the prodding of the IDHW employee, N.C. Defendant stated repeatedly she did not want to call LDS Church/Corporation but for mandatory nature of “homework” would not have made the call and or disclosures,” wrote Means in the court document.
Vallow called headquarters and spoke with attorney Daniel S. McConkie, who was aware of who he was speaking with. Court TV reports McConkie is only licensed in Utah.
Vallow made Brady Violation disclosures under the guise the church was her friend, “there to assist her in both temporal and spiritual matters directly regarding her current criminal state of affairs/legal matters,” wrote Means in the motion.
McConkie never advised Vallow of a conflict of interest or that the conversation was not protected by the attorney-client privilege. Court documents say McConkie would help her find an attorney that could legally practice law in Idaho and possibly provide her help with her matter.
The motion says McConkie instead called prosecutor Rob Wood to discuss the matter, the conversation and disclose the statements Vallow made. Wood then called the attorney Archibald to reveal “minimally” the conversation and said Vallow only told McConkie she wished for a new appointed public defender, not a state-appointed attorney, according to the motion.
Vallow told the treating clinician that she called and the clinician said “good,” according to the document. Means wrote that when Vallow told him of the encouragement to call, the call and the conversation, the clinician said “no you didn’t.”
You can read the full motion from Mark Means below:
Vallow has been in the custody of IDHW since June. When she is declared competent, her case will go forward.
Chad Daybell’s trial is being moved to Ada County after a hearing was held earlier in October where the court considered testimony, admitted exhibits and argument of counsel. Prosecutors have filed their motion of intent to seek the death penalty against Daybell.
