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BOISE, Idaho — Just a few days from the start of the Lori Vallow Daybell trial, a last-minute hearing in Boise, Idaho Wednesday delved into if family members who plan on testifying can sit in the courtroom, namely Joshua "JJ" Vallow's grandparents Kay and Larry Woodcock.
Judge Steven Boyce Wednesday issued an order stating anyone who is a witness being called to testify cannot sit in on other witness testimony. The only exception is for those who also classify as victims in the case.
The prosecution and defense argued back and forth on what defines a victim — and if it includes the Woodcocks.
The trial will decide if Vallow Daybell is responsible for the deaths of her adopted son JJ, her teen daughter Tylee, and Tammy Daybell — the late wife of Vallow Daybell's husband, Chad Daybell.
The Woodcocks plan to stay in Boise for the trial's duration and intended on attending court every single day.
Fremont County prosecutor Rob Wood explained that the Woodcocks are on the prosecution's witness list, along with other family members including Vallow Daybell's sister Summer Shiflet, her son Colby Ryan, and Tammy Daybell's sister and brother-in-law, Samantha and Jason Gwilliam.
Judge Boyce said the definition of a victim is not entirely clear in Idaho law.
Defense attorney James Archibald explained that he believed the only victim on the witness list who should be allowed to watch others testify, under Idaho statute, is Colby Ryan — who is Tylee's half-brother and JJ's adoptive brother — because he is an immediate family member of the homicide victims.
Archibald argued that grandparents are not considered immediate family and therefore not victims.
He further asserted to Boyce that he believed the Woodcocks weren't JJ's grandparents by law anyway. Vallow Daybell's late husband, Charles Vallow (she is facing conspiracy charges in connection to his death in Arizona), was Kay Woodcock's brother and JJ's biological uncle. Charles Vallow and Lori Vallow Daybell adopted JJ from Woodcock's son.
"To call Kay Woodcock a grandma, that may be a name that she gave herself, but since her son terminated his parental rights, she is no longer a grandma by law," Archibald said.
Wood fired back that the court's interpretation of a victim should include someone who suffers direct and physical, financial or emotional harm — and he stated statutes to back up his belief.
"In a case such as this, to tell a grandparent they're not allowed to watch the trial of the of their grandson — someone who was a big part of their life — I think we really are running outside what's intended by this statute, and what's intended by the constitution," he said. "I think legally, absolutely no question about it they, Larry and Kay Woodcock, meet the definition under (statute) 5A of what a victim is. They have suffered emotional harm, there's no question about that."
Boyce said he needed to do further research before making a final determination on if the Woococks will be allowed to watch while other witnesses testify. He said he plans to make a ruling early next week and gave the prosecution and defense until 5 p.m. Friday to submit additional arguments.
The Woodcocks, who called in the initial welfare check on JJ after not speaking to their 7-year-old grandson for months in November 2019, sparked the entire police investigation into the whereabouts of JJ and Tylee, and ultimately, their deaths.
The bodies of the children were discovered buried in Chad Daybell's backyard in Salem, Idaho, in June 2020.
Vallow Daybell was indicted in May 2021 on conspiracy and first-degree murder charges for JJ and Tylee's deaths, conspiracy to commit murder in Tammy Daybell's death, as well as grand theft for allegedly collecting the children's social security benefits for months after they died.
Her trial begins on April 3 in Boise.
Chad Daybell is also facing first-degree murder, conspiracy, grand theft and insurance fraud charges, and is set to have a separate trial.
