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ST. ANTHONY, Idaho — Boise attorney John Prior has filed a motion to withdraw as counsel in Chad Daybell's trial for charges of murder because he says he isn't qualified to argue a death penalty case and his client can't pay him.
Prior has been Daybell's defense attorney since May 2021 after a grand jury indicted Daybell and his wife, Lori Vallow Daybell, on murder and conspiracy to commit murder charges for the deaths of JJ Vallow and Tylee Ryan — two of Lori Vallow Daybell's kids — and Daybell's first wife, Tammy Daybell. Chad Daybell is also charged with two counts of insurance fraud in relation to Tammy Daybell's life insurance policies.
"Mr. Daybell does not have the ability to pay for counsel's continued services and Mr. Daybell seeks the appointment of two capital qualified attorneys to represent him in this matter," Prior wrote in a motion filed Thursday afternoon. "This motion is made with Mr. Daybell's full consent. Mr. Daybell has requested from me that he be given two capital qualified attorneys for his trial."
Prior noted the complexity of the case would require him to work "around the clock, more than full-time for more than four months without compensation and without the assistance of any other counsel. ... I have made a diligent effort to find a lawyer to assist in this matter for a significant amount of time. The attorney who I located and agreed to try to get qualified has not yet been approved by the Public Defense Commission. The time for him to be of any assistance to me in preparing for this trial is long gone," Prior wrote.
Prosecutors filed their intent to pursue the death penalty in Daybell's case in August 2021. Prior has solely represented his client since being hired over three years ago.
Jury selection for Daybell's trial is scheduled to begin less than three months from now on April 1 in Ada County. If District Judge Steven Boyce grants Prior's request to withdraw from the case, new attorneys would be appointed and there could be significant delays in the trial start date.
"After speaking with Mr. Daybell, I have confirmed that he is unable to pay any additional funds, and he believes it would be a disservice for me to continue to represent him in a capital case and trial without compensation," Prior wrote.
Kay and Larry Woodcock, JJ Vallow's grandparents, tell EastIdahoNews.com "nothing (in) this journey surprises us anymore.
"It is what it is and Chad's trial will be when it happens," Kay Woodcock says. "It's in the Lord's hands. Who are we to question him."
Lori Vallow Daybell was found guilty and sentenced to life in prison without parole last summer. She is currently in Arizona on charges of conspiracy to commit murder of Charles Vallow, her fourth husband, and Brandon Boudreaux, her former nephew-in-law. Once court proceedings are done in Arizona, she will return to Idaho to serve her life sentence.
A hearing on Prior's motion to withdraw is scheduled for Jan. 18.
