Prosecutor no longer disputes competency of Lori Vallow Daybell

Lori Vallow appears in court in Lihue, Hawaii in this Feb. 26, 2020 photo. A prosecutor in her case no longer contests the findings of a psychologist who believes she is not competent for court proceedings.

Lori Vallow appears in court in Lihue, Hawaii in this Feb. 26, 2020 photo. A prosecutor in her case no longer contests the findings of a psychologist who believes she is not competent for court proceedings. (Dennis Fujimoto, the Garden Island via AP)


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ST. ANTHONY, Idaho — The prosecutor in the Lori Vallow Daybell case no longer contests the findings of a psychologist who believes Daybell is not competent for court proceedings.

In a document filed Friday, Rob Wood withdrew his contest to a competency evaluation that has put the case against Daybell on hold. Wood initially said he did not agree with the findings of the mental health expert but after further review, he no longer objects to the professional's diagnosis and proposed treatment plan.

Daybell and her husband Chad Daybell are charged with multiple counts of conspiracy to commit murder, first-degree murder and other crimes. The charges are in relation to the deaths of 7-year-old Joshua "JJ" Vallow, 16-year-old Tylee Ryan — two of Lori's kids — and Chad's first wife, Tammy Daybell.

Mark Means, Lori Daybell's defense attorney, requested a psychological evaluation for his client in March. A licensed clinical psychologist met with Daybell in the Madison County Jail on at least two days and, according to court documents filed last month, determined "the defendant was not competent to proceed." Restorative treatment was recommended.

While District Judge Steven Boyce put a stay on the case, he has not yet legally declared whether Daybell is unfit for trial.

In order for Daybell to be competent for trial, Idaho law says she must understand the proceedings against her and be able to assist in her own defense. If Boyce rules that she cannot, hearings are put on hold for 90 days.

Daybell will likely be placed in a facility for treatment with the goal of getting her competent. If that happens, court proceedings could resume as normal. If not, the pause extends another 180 days, and she would continue to receive treatment.

A June 16 hearing to determine Daybell's competency status will likely be canceled.

Chad Daybell is scheduled for his court arraignment on Wednesday.

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Idaho
Eric Grossarth

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