Thursday 17th April 2025
LIVE UPDATES: Prosecution, defense review jury instructions on day 8 of Lori Vallow Daybell trial
Published at 11:41 am, April 17, 2025Updated at 12:41 pm, April 17, 2025
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Lori Vallow Daybell is on trial in Maricopa County, Arizona, on one charge of conspiracy to commit the murder of Charles Vallow, her fourth husband. Nate Eaton is live in the courtroom with updates. Please excuse any typos. Times listed below are in Mountain Standard Time, so they are an hour behind Idaho. (Arizona does not observe Daylight Saving Time.) The most recent updates are at the top.
11:40 a.m. Judge denies Lori’s request to have the trial by May 11. Judge is going to update jury instructions and will have them to the parties in the next 15-20 minutes. Asks parties to review them over the weekend so everything can be ready by Monday for the jurors.
11:37 a.m. State asks that jurors be screened through July 3. She would much rather have a jury expect to stay long but get released early. Judge says that would be twice as many trial dates as this trial. Judge says we screened for six weeks and did this trial in two. There were 21 trial dates scheduled in this trial and Treena did it in seven. Treena says that’s what she’s asking for, he can do what he wants. “My hesitation is if we go all the way into the 3rd, we may lose a bunch of jurors for the 4th of July weekend,” judge says. Lori says she objects to not having her trial by May 11. “I would like to have my speedy trial by May 11,” judge says. Judge says the first trial was screened until May 15 and two trials can not be held at the same time. State needs time to bring in out-of-state witnesses and there are scheduling issues for the judge.
11:34 a.m. Parties will meet at 1 p.m. on May 29 to go over jury questionnaires. Judge asks Treena if second trial will be similar in length to this trial. Treena says she believes so. Trial will be June 2-6, June 9-13. Judge may cancel Friday the 13th depending on how far they get. No trial June 16-20. If needed, trial will resume June 23-25. Judge is unsure if trial will be held in this same courtroom.
11:32 a.m. Judge will now set official trial date for Brandon Boudreaux. It will begin May 30 at 10 a.m. A final trial management conference to discuss the remote questionnaire and confirm everything is on schedule will be held on May 14 at 10 a.m. Treena says victim is not here and she will make sure that works for him.
11:29 a.m. A dispute over the facts wouldn’t apply to this rule, the judge says. He isn’t going to add it. Judge is now going to his office to make the adjustments to the instructions and he will have it for the parties by noon. On Monday, Lori will say she is resting in front of the jury. Instructions will be read to the jurors and then closing arguments will happen. Treena asks that officers be released from subpoenas. Judge says everyone can be released. Jury instructions will be read at 11 a.m. on Monday, we will then have lunch, then closing arguments will be read after lunch. Court will still begin at 10:30 a.m. but closing arguments will begin at 1 p.m.
11:27 a.m. Judge reads through the definition and asks what the mistake of fact is. Lori consults with her advisory counsel. Lori says one shot versus two shots, she was being attacked and wasn’t being attacked. Judge says you can deny that and argue it but it’s not a mistake of fact.
11:25 a.m. The rest of the jury instructions are pretty standard and a form of verdict. Treena suggests one change to the verdict form. Judge asks defense if there needs to be any other definitions included. Lori consults with her advisory counsel. She says there is one – “causation, ignorance of fact.”
11:24 a.m. Judge goes through a few definitions: accomplice, conduct, physical force, deadly physical force. No objections from either side.
11:23 a.m. Judge mentions a few other instructions and some modifications he has made. No objections from prosecution or defense.
11:21 a.m. Judge makes changes to another instruction dealing with deadly force, defense and crime prevention.
11:16 a.m. Again – we don’t know what the instructions are and now they are worded as they have not been publicly released.
11:13 a.m. There is discussion about an instruction and whether Charles had authority to be at the house the day he was shot. Lori says no, prosecution says his name was on the lease and it was not criminal trespass as the defense claims.
11:13 a.m. We are now streaming
here.
11:09 a.m. Judge says he is not clear on what Lori is asking. She chats with her attorneys. Lori asks that an instruction be added about prevention of a crime being committed. Judge says this could make the instruction convoluted. Beresky and Treena discuss the issue. “I would hate to risk a reversal on something like that,” Beresky says. He’s going to look at it a bit closer.
11:08 a.m. Judge suggests changing part of an instruction where self-defense was mentioned. Suggests it should be changed from physical force to deadly physical force. Treena agrees. Lori says they should both be in there.
11:06 a.m. Next instruction deals with an accomplice. Judge says he made some changes to the definitions and some clarifications on some of the words. Judge asks Lori if she needs it printed out to make sure she’s on the same page.
11:04 a.m. Judge discussing instruction about motive. No objections from state or defense. Judge mentions he made some typographical changes – spelled out first, rather than 1st, etc.
11:03 a.m. Next instruction deals with the state proving guilt beyond a reasonable doubt. State asks that part of the instruction be cut out as Lori represented herself. Lori agrees. Judge removes it.
11:01 a.m. Treena Kay says part of the next instruction is confusing and believes it should be altered or removed. Lori says, “We agree. It’s confusing.” Judge is changing it.
11 a.m. Lori asks if something can be added to a rule about the defendant’s statements. Prosecution has no objection. Judge allows it in. Next rule deals with jury not to consider penalty. No objections.
10:58 a.m. Next instruction deals with credibility of witnesses and another about law enforcement testimony. Neither side objects. Next instruction is about expert witnesses. No objection. Next instruction is about defendant’s testimony but judge is removing it because Lori is not testifying. No objections from either side.
10:57 a.m. One instruction is removed based on the stipulation of defense and prosecution. Next instruction deals with indictment not being evidence. Neither side has an issue with this one. Judge changed the language in the next instruction because Lori represented herself.
10:55 a.m. Judge begins explaining some of the instructions. The first few are standard Arizona instructions. No objection from state or defense. Beresky talks about another instruction and Treena raises some questions. We don’t know the specifics of the instructions are they are not public so unclear what the issue is and what the specific instruction is.
10:54 a.m. Lori and her attorneys just entered the courtroom. Judge just asked Lori if it is still her intention not to put on any evidence. “Right now it is, as of this morning,” Lori says. He asks if she anticipates that changing. Lori says no.
10:44 a.m. Judge Beresky just walked in. One of Lori’s advisory attorneys says they need a few more minutes. Judge says he already has some changes that need to be made to the jury questionnaire.
10:40 a.m. We are in the courtroom. There are a handful of people from the public in the gallery but lots of empty seats. Treena Kay and her paralegal are at the prosecutor’s table. The prosecution and defense will go over jury instructions with Judge Justin Beresky and then court will be in recess until Monday morning.
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