Estimated read time: 3-4 minutes
ST. ANTHONY, Idaho – Chad Daybell wants cameras in the courtroom for his trial, and a judge will hear arguments from prosecutors and defense attorneys next month about whether that will happen.
The issue was discussed during a status conference Tuesday afternoon via Zoom before District Judge Steven Boyce. Daybell appeared from the Fremont County Jail dressed in a white shirt and dark tie. John Prior, his attorney, and prosecutors Lindsey Blake and Rob Wood also attended.
Boyce banned cameras from the trials of Chad and Lori Daybell last fall. At the time, the trials were scheduled to be held together but months later, they were severed. Lori's trial was held in April and a jury found her guilty of multiple murder charges. She was sentenced to life in prison in July.
Before the cases were severed, Prior filed a motion requesting cameras in court proceedings for his client.
"The court mentioned that if the court did order a severance of the cases, I would permit the issue to be revisited and would consider that the separate cases may have separate rationale for allowing or disallowing cameras in the courtroom during trial," Boyce said during Tuesday's hearing.
Blake indicated that prosecutors opposed cameras, but Prior said Daybell wanted them in the courtroom.
"Mr. Daybell has not changed his position since I filed this motion. He still maintains his feelings about having a public trial," Prior said.
Daybell's trial is scheduled to begin in Ada County on April 1. Because he faces the death penalty, Boyce said jury selection would likely take longer and suggested questionares for potential jurors start being collected the week of March 19.
Blake and Prior agreed with the timeframe and said two weeks should be adequate to prepare for jury selection. Both the defense and prosecution said they expect the trial to last eight weeks.
"I agree the eight weeks at a minimum is probably the appropriate amount of time. I think Ms. Blake and Mr. Wood are very well aware that in this case, the defense is going to put on a defense and I have a number of expert witnesses," Prior said.
Blake told Boyce that prosecutors planned to file three motions in the coming weeks and told the judge further DNA testing on certain evidence discussed at hearings earlier this year will not be done.
"It's our understanding that the defense is not going to pursue additional testing. We wanted to make the court aware the state is not going to pursue additional testing at this time," Blake said. "That has been a little frustrating for the state because we do feel that was, if not the sole basis, the main basis for the severance and we're now incurring a second cost of trial, time for court staff and the offices involved, as well as extra testimony for the witnesses."
Prior did not dispute the claim about the DNA testing but disagreed with Blake's assessment as to why the trials were severed.
"I take a little bit of issue with what Ms. Blake said was the reason for continuance. My recollection was getting discovery just on the eve of trial, in terms of DNA evidence, was the reason for that," he said.
Daybell was indicted by a grand jury on multiple counts of first-degree murder and conspiracy to commit murder for the deaths of JJ and Tylee — two of Lori's kids — and Daybell's first wife, Tammy Daybell. He is also charged with two counts of insurance fraud in relation to Tammy Daybell's life insurance policies.
The hearing on cameras in the courtroom will be held Nov. 29. Boyce said he plans to schedule monthly hearings leading up to the trial for additional motions to be heard.
