Eric Grossarth, EastIdahoNews.com, File

Chad Daybell’s hearing to dismiss case postponed

By Eric Grossarth, EastIdahoNews.com | Posted - Oct. 21, 2020 at 4:08 p.m.



ST. ANTHONY, Idaho — The hearing on a motion to dismiss the case against Chad Daybell has been postponed.

It was scheduled for Oct. 29 but Daybell's attorney, John Prior, asked for it to be continued because he and prosecutor Rob Wood just received the preliminary hearing transcript and need more time to prepare. The hearing will now happen on Nov. 24 at 9 a.m.

While the motion to dismiss hearing is postponed, the hearing to combine the cases of Chad and his wife, Lori Daybell, is still set for Oct 29 at 10 a.m. Wood is expected to argue that combining the trials will prove more efficient for everyone involved since they use the same witnesses and evidence.

Prior opposes having the trials together but Lori's attorney, Mark Means, has said he has no objection to combining the trials. The Oct. 29 hearing will happen over Zoom and EastIdahoNews.com plans to stream it live.

The Daybells face felony charges in Fremont County after the remains of 7-year-old Joshua "JJ" Vallow and 16-year-old Tylee Ryan were found buried on Chad's Salem property. The two are currently scheduled for separate jury trials in 2021.

On Nov. 24, Prior is also expected to ask that Chad's trial be moved out of Fremont County. Prior says that his client can not receive a fair and impartial jury in the rural community of about 13,000 people.

A hearing on if Lori's case should be moved is not yet scheduled.

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