Judge Steven W. Boyce ruled that court run cameras will live-stream the Chad Daybell Trial this Spring.
Wednesday's procedural hearing went through multiple motions. The first of which was the issue of cameras in the court room.
Chad Daybell and his attorney John Prior were in favor of cameras in the court room. They said it would make it easy for Daybell's family to watch the trial, because they wouldn't be able to if the trial was held in Ada County. They also said they are more concerned with still photography because they argue videography "keeps people hones."
The state was interested in keeping the same standard of the Lori Vallow trial, in which there were no cameras allowed. The defense said "We shouldn't fix what isn't broken," and that "transparency does not require mass publicity."
Judge Boyce ruled the court will live stream the trial, that is to start April 1, 2024. The court will be in charge of all cameras, which they have the facilities to do. The court will also not allow still photography.
The court also heard a motion for change of venue. The trial is supposed to be held in Ada County, something the prosecution says has made the media coverage of the trials too pervasive. They say that Fremont County would be able to host because the passage of time from the murders should allow them to be able to sit a jury.
The defense disagreed. They say Ada County worked well because it had the resources and the space for finding jurors, hosting media and interested people during the trial. They also argue the media attention will be there wherever it is held, and that Ada County's population will allow them the best chance to sit jurors.
Judge Boyce will be providing a written decision on the matter.
Other matters were addressed in the hearing today.
The Motion in Limini to Limit State to Consistent Arguments on Defendant's Relative Culpability, filed by the defense, addresses Prior concerns of the State offering inconsistent theories between the trials of Lori Vallow Daybell and Chad Daybell. The main argument that the State cannot say Lori was the driving force for the crimes during Lori's trial, and then Chad was the driving force during Chad's trial.
The State replied stating that there has been no suggestion that the theories would be conflicting, and that Chad and Lori (and Alex Cox) acted together in the conspiracy - planned, aided, and abetted together to change the lives of JJ, Tylee, and Tammy. Also noting that Chad also committed fraud by claiming the life insurance benefits of Tammy.
Boyce agreed with the state saying that there are no grounds to grant the motion at this time. However, Boyce did state that should the arguments in trial seem to support inconsistent theories, he would be open to an additional motion and address it then.
The proceedings then moved ahead to listen to arguments as to whether or not the death penalty should be removed.
The defense said that the death penalty was removed from Lori's case, as it was determined the state did not have ample discovery to support the death penalty option within the timeframe available exercising Lori's right to a speedy trial, and that Chad should not be subject to the death penalty because he waived his right to a speedy trial.
The State responded citing several case laws on when a death penalty should be applied or not, reiterating that Chad Daybell is facing additional charges for first-degree murder and fraud as it applies to the death of Tammy Daybell.
Judge Boyce reminded both sides that when the ruling was issued removing the death penalty from the trial of Lori, it would not affect the ruling in the trial for Chad.
Judge Boyce will be providing a written decision on this matter, as well.
