Attorney makes long list of requests before Lori Daybell is moved to mental health facility

Lori Vallow appears in court in Lihue, Hawaii on Wednesday, Feb. 26, 2020. Her attorney now has a lengthy list of requests after a judge committed her to the Department of Health and Welfare in Idaho last week.

Lori Vallow appears in court in Lihue, Hawaii on Wednesday, Feb. 26, 2020. Her attorney now has a lengthy list of requests after a judge committed her to the Department of Health and Welfare in Idaho last week. (Dennis Fujimoto, The Garden Island via Associated Press)



ST. ANTHONY — Lori Vallow Daybell's defense attorney Mark Means has a lengthy list of requests after a judge committed her to the Department of Health and Welfare last week.

In the document filed Friday, Means says he is making the requests because of Daybell's "fragile mental state of incompetency, as a direct result of the historical and systematic mental, emotional and physical abuse she suffered." Means did not detail the abuse but said he is raising concerns due to allegations of conversations between the director of the Idaho Department of Health and Welfare and prosecutors over Daybell's situation while excluding Means.

Daybell and her husband Chad Daybell are accused of various crimes, including first-degree murder, for the deaths of Chad's first wife, Tammy Daybell, 16-year-old Tylee Ryan and 7-year-old Joshua "JJ" Vallow — Lori Daybell's two children. District Judge Steven Boyce committed Daybell to a state mental facility earlier in June after a psychiatrist said she was not competent for trial.

Means is asking for all conversations about her treatment, transfer to the facility and other issues regarding her competency and the IDHW. Means also wants Boyce to order private and confidential access to Daybell while she receives treatment.

Means also addresses concerns after Daybell was declared indigent, meaning she has limited ability to pay for legal services such as a defense attorney or investigative or expert fees. Means, an attorney privately retained by Daybell, goes on to say no funds have been made available to him from the county and his costs have included subpoenas of Daybell's close friend, Melanie Gibb, the Madison County Sheriff's Office, costs to buy hard drives and transportation costs to meet with prosecutors. He said by allowing private access to Daybell, future additional costs can be avoided.

Means states that he wants to be directly involved in Daybell's treatment and asks for the names and credentials of all people involved in her care. Means also wants to know proposed treatment, medications and plans before they are administered to Daybell.

With Daybell's commitment and competency in question, the case against her has been stayed, or paused, until further notice. Idaho law allows her to be held in a health and welfare facility for up to 90 days to restore her competency. If that happens, court proceedings resume as normal. If not, the pause extends another 180 days and she would continue to receive treatment. It's unclear which state facility Lori will be sent to.

Chad Daybell pleaded not guilty to all charges against him. A scheduling hearing is set for June 23 to take place over Zoom.

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Eric Grossarth

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