Thursday 16th May - afternoon update
LIVE UPDATES FROM THE CHAD DAYBELL TRIAL
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Please excuse the typos. These are live updates from the courtroom. A lot of text messages are being displayed today. We are preserving the typos and misspellings in those.
3:45 p.m. Boyce says he raised the issue – not the defense. Boyce says he needs additional time as to how to exactly fix the date problem, but he denies Prior’s request to dismiss the charge. We will be in recess until Monday morning.
3:43 p.m. Boyce finds there has been sufficient evidence in the elements alleged in count 4. He denies the motion for acquittal. As for the dates, because count 4 was changed without permission, he finds it was an inadvertent mistake. “While these jurors have already heard the information contained in the amended indictment, the court believes the jurors can be fairly and properly instructed.”
3:41 p.m. Boyce says the defendant was on notice for several years that the allegation of JJ’s murder occurred between Sept. 22-23. Boyce says the evidence all pointed to the dates of Sept. 22-23, and the same allegation was made in Lori Vallow’s case last year. The defense was aware at that time. “There’s certainly no surprise when it comes to the defense knowing the dates that have been alleged are the 22nd and 23rd,” Boyce says.
3:40 p.m. State argued it’s a clerical error. Boyce says looking at the history, the court did not authorize any amendment to count 4. Count 4 should not have been amended. The dates put into count 4 mirror the dates of count 2, which is alleged murder of Tylee Ryan. “Looking at that history, the court does believe it was a clerical error that led to the change of those dates,” Boyce says.
3:39 p.m. Boyce says he has considered the arguments of state and defense. He notes the initial indictment had the right date for 2.5 years. In November, the state asked to amend the indictment – verbiage in counts 1, 3 and 5. Boyce issued an order on Dec. 8 granting permission to amend the indictment. Count 4 was not one of the changes that was approved. The amended indictment was filed and had an alteration.
3:38 p.m. Boyce says he is ready to rule.
3:37 p.m. Back in the courtroom. Attorneys are at their tables, and Judge Boyce is on the bench.
3:02 p.m. Boyce asks Batey to clarify about how the issue happened. It was when the amendments were approved on the other counts and the date on count four somehow got changed. She says it was a clerical error. Prior says the jurors were read this indictment, it was published and the mistake hasn’t been caught until now – they should not be allowed to change it. Boyce says he needs to take a recess before he rules. Will be back in court when Boyce is ready to rule.
3:01 p.m. Prior says Idaho rule 7 says prosecutors cannot change the indictment after they rest. “They don’t get to amend. Regardless, they don’t get to amend. It’s a very specific rule that references this very issue,” Prior says. Batey responds by saying there is a process for making amendments. “We are asking the court to correct what is clearly a clerical mistake,” she says.
3 p.m. Prior asks Boyce to dismiss the charge.
2:57 p.m. Prior cites a rule that says the court can allow an amendment before the state rests – but not after. Prior says the state doesn’t have any right to ask for a various or amendment at this point in the trial. “They have to make any amendment and correction prior to resting their case,” Prior says. He says four lawyers have had over a year to analyze this, and after they rest their case, the court corrected it. Prior says he wasn’t going to tip the court off that there was a problem.
2:56 p.m. Batey finishes her argument. Prior now arguing. He says the authority to reopen a case almost exclusively applies to evidence – not amending a complaint. He says he didn’t object to the original motion to amend it. “From that time forward, that’s the information I relied on. Any change, after the state has rested, is going to create a substantial due process argument for Mr. Daybell.”
2:54 p.m. “We are all falling on our sword here. This was clearly an oversight. We are talking about a clerical error in a subsequent document that was not in the original document,” Batey says.
2:53 p.m. Batey says this was a clerical issue, and the court can reopen the case to address the issue. The state would then amend the indictment before resting to get it in compliance. The state could then rest again.
2:51 p.m. Boyce asks Batey about variance. He says variance typically comes up when jury instructions don’t match the charging documents. “What the state would be requesting is we don’t have a variance yet because the jury hasn’t been instructed on something that varies from the charging documents. You’re suggesting I permit a variance to essentially cure the issue,” Boyce says. He is not aware of any other cases where a court proactively grants a variance.
2:50 p.m. Batey says this is a variance in dates while in other cases, there have been variances in years, and it hasn’t been a problem in those trials.
2:47 p.m. Batey says the second option is for Boyce to accept there is a variance with the indictment date and instruct the jury that there is a variance.
2:46 p.m. Batey says there was an indictment for 2.5 years that had the correct date and all parties were aware of it. She says it was a clerical error, and the court should utilize Idaho rule to let jurors know it was amended.
2:43 p.m. Batey argues her first option. She says state made a motion to amend the indictment in Nov. 2023 in three ways – modify subsection in count 1 and 3, modify language in counts 2, 3 and 5, and modify language “month” v “months.” “Nowhere in states motion did the state ever seek leave to amend any portion of count 4,” Batey says. Boyce approved the motion, and it was amended. Batey says when the amended motion was filed, the date of JJ’s death date was inadvertently changed on count 4.
2:41 p.m. Ingrid Batey will now argue count four. She says the state has three options. One – because count four did not fall within scope of court’s Dec. 8, 2023, order to amend, the court can simply correct it so it conforms with what count four should be. Second – the court could accept there is a variance and instruct jury that there is a variance. Batey said court could also add an item in jury instruction. Third – the court could reopen the case to allow the state to correct the indictment and formally amend it.
2:41 p.m. On final count, Boyce says state has presented significant evidence, so Prior’s motion for acquittal is denied.
2:40 p.m. On count six, Boyce says state has presented significant evidence, so Prior’s motion for acquittal is denied.
2:38 p.m. On count five, Boyce says state has presented significant evidence, so Prior’s motion for acquittal is denied.
2:37 p.m. On count three, Boyce says state has presented significant evidence, so Prior’s motion for acquittal is denied.
2:35 p.m. On count two, Boyce says state has presented significant evidence, so Prior’s motion is denied.
2:32 p.m. Boyce says on count one, state has presented significant evidence, so Prior’s motion is denied.
2:30 p.m. Judge Boyce is on the bench. John Prior is sitting next to Chad Daybell. Prosecutors are at their table. Boyce has prepared a ruling on everything except count four – first degree murder for JJ Vallow.
2:27 p.m. We are back in the courtroom. Here’s a look at the original indictment and the amended indictment. First one was filed in 2021. Second one was filed in Feb. 2024.
12:45 p.m. To clarify, the date is wrong on count four of the indictment – first degree murder for JJ Vallow. The death dates are for Tylee Ryan. JJ Vallow died Sept. 22-23, according to prosecutors. Larry Woodcock is outside the courthouse crying. Many others are too – wondering what happens now.
WATCH VIDEO IN THE PLAYER ABOVE. We will find out at 2:30 p.m. when prosecutors address the error.
12:31 p.m. Boyce says there is a filed amended indictment that has the wrong dates for JJ Vallow’s death. He is giving the state two hours to prepare for argument. We will be back at 2:30 p.m.
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