The judge presiding over Lori Vallow and Chad Daybell's case will post a written decision on whether to move Vallow's trial to January, when Daybell's is currently scheduled.
The two cases are currently conjoined, but Daybell waived his right to a speedy trial and is currently set to begin in January 2023. Vallow did not waive her right to a speedy trial, which is set to begin Oct. 11, 2022.
During a hearing Thursday, prosecutors asked to move Vallow's trial to January due to the volume of evidence shared between the two cases and to give more time for both teams to prepare accordingly for the trials.
"As noted in the states motion, this is kind of a unique position to be in this early in the case, to be asking for this, but we feel that where there are a number of outstanding issues that still need to be determined, including DNA testing of certain evidence that was put off until the cases were brought together again and because these were properly joined and the court has noted this is to be one case for trial, we think it is just more equitable to continue it to the January date," Madison County Chief Deputy Prosecutor Tawnya Rawlings said.
Defense Attorney Jim Archibald said Vallow has maintained she does not want to waive her right to a speedy trial and keep the October date.
"We talked to Mrs. Daybell frequently, as recently as yesterday she acknowledges she still has her right to a speedy trial and is not going to waive that right," Archibald said. "We will be respectful of the court's decision, whether it is an October trial setting or not. Mrs. Daybell still wants to exercise that right and understands we are working hard to get caught up."
Vallow's attorneys filed documents last week describing Vallow's mental health as "extremely complex and fragile" and said she has the potential to be hospitalized in the near future.
Daybell's Defense Attorney John Prior asked the court maintain Daybells's January court date as it has been set. Prior previously filed a motion to sever the two trials, but the request was denied by Judge Steven Boyce. Daybell indicated he would object to an earlier trial date but has not filed anything official.
Boyce said he did not want to make a decision during the hearing due to "the important constitutional and statutory rights" involved in the case. Boyce said he will post a written decision soon.
Vallow and Daybell are facing multiple counts of first-degree murder and conspiracy to commit murder for the deaths of Joshua "JJ" Vallow, Tylee Ryan and Tammy Daybell. They have pleaded not guilty to all charges.
Vallow was virtually present during the hearing, but Daybell was not.
Watch the full hearing here:
