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ST. ANTHONY, Idaho — Lori Vallow Daybell's defense attorneys do not believe Tammy Daybell's aunt has a right to speak during Lori Daybell's sentencing hearing next week.
Vicki Hoban, Tammy Daybell's aunt, filed a request in June asking Judge Steven Boyce for permission to give a victim impact statement during the sentencing. Boyce initially denied the request saying Idaho law only recognizes "immediate" family members as victims and an aunt does not fit that definition.
Hoban responded and said she would like to speak in place of Phyllis Douglas, Tammy Daybell's mother, who died on June 8. Boyce then issued a follow-up response.
"Because Phyllis Douglas is unable to fulfill the role of the 'immediate member' on behalf of Tamara Daybell, the court will designate Vicki Hoban as a representative of the immediate family of Tamara Daybell, and she is permitted to make a victim impact statement at sentencing," he wrote.
A presentence report filed Friday shows victim impact statements were submitted by Tammy Daybell's sister, Samantha Gwilliam, and her father, Ron Douglas, according to a motion filed by Jim Archibald and John Thomas, Lori Daybell's attorneys. Because of that, they argue Hoban should not speak.
"With Tammy's sister and father submitting letters to the court, it is no longer necessary for the court to designate a family representative for Tammy's mother. An aunt is not listed as a victim under Idaho law; therefore, the court should not receive comments from Vicki Hoban as a victim," Archibald wrote.
A hearing on the issue will be held Wednesday.
A jury found Lori Daybell guilty on May 12 of conspiracy to commit murder and the first-degree murder of her children, Joshua "JJ" Vallow and Tylee Ryan. She was also found guilty of grand theft and conspiracy to commit the murder of Tammy Daybell, her husband's former wife. She will be sentenced Monday at 9 a.m. in Fremont County.
The defense motion notes that neither Chad Daybell — who is scheduled to go on trial next year for murdering his former wife and two of his new wife's children — nor Tammy Daybell's five adult children "have asserted their rights as victims" for Lori Daybell's sentencing hearing.
