FREMONT COUNTY, Idaho — Judge Steven Boyce has ruled that Chad Daybell is still eligible for the death penalty if found guilty of murder.
"While Daybell will continue to enjoy the full due process to which he is entitled, if he is adjudicated guilty on charge or charges of murder in the first degree, the ultimate determination of punishment shall be determined by the jury."
Related: Chad Daybell's attorney files motions to get Death Penalty removed
In November, Daybell's attorney filed two motions with the Fremont County clerk to strike the death penalty as a possible punishment.
- Motion to Strike Death Penalty Based on Relative Culpability
- Motion to Strike Death Penalty as Arbitrary, Capricious, and Disproportionate
In one of those motions, Daybell's attorney, John Prior, argued that it is unconstitutional for Daybell to face the death penalty, while his co-defendant, Lori Vallow did not.
In the latest order, Boyce writes, "The Court is unpersuaded that the death penalty in this instance is sought in manner that is arbitrary or capricious, despite Vallow not facing the same consequence."
It continues, "Each defendant has been given individualized consideration from the outset of these cases—and will continue to be afforded individualized consideration by this Court."
