Lori Vallow Daybell’s second trial: A veteran prosecutor’s perspective

SALT LAKE CITY — In the ongoing second trial of Lori Vallow Daybell in Arizona, Rachel Smith, a veteran prosecutor who played a key role in securing the first conviction against Vallow Daybell in Idaho, has weighed in on the proceedings. Representing herself, Vallow Daybell’s courtroom demeanor and tactics have sparked significant reactions. Vallow Daybell is accused of conspiring with her brother, Alex Cox, to murder her husband, Charles Vallow, in July 2019. Smith is now observing the trial from the sidelines. “She is probably going to go down in history as an example of why you’re not your own lawyer,” she said. Despite some moments of competence, Smith noted that Vallow Daybell has missed critical opportunities to object and has made the trial largely about herself and perceived wrongdoings against her. Smith said the trial has revealed Vallow Daybell’s calculated nature, particularly during her cross-examinations. Her interactions with witnesses, including Serena Sharpe and Nancy Jo Hancock, have been pivotal. Sharpe, who was friends with Vallow Daybell in late 2018 through early 2019, testified about Vallow Daybell’s involvement in a “casting out” ritual aimed at expelling an evil spirit from Charles Vallow months before his death. As Sharpe grew skeptical of Vallow Daybell’s extreme religious beliefs, the former friend said Vallow Daybell started excluding her. In court, Vallow-Daybell’s cross-examination of Sharpe was aggressive and tense. “When Serena didn’t buy into that, she became public enemy, whatever Lori’s list was,” Smith said. Smith also highlighted the irony in Vallow Daybell’s fiery cross-examination of Nancy Jo Hancock, a woman who went on a date with Charles Vallow the night before his death. “Even though Lori didn’t mean to, her cross-examination of Nancy Jo helped the prosecution,” Smith said. During the cross-examination, Vallow Daybell accused Hancock of dating a married man while the prosecution alleges she was motivated by a $1-million life insurance policy and the desire to marry her paramour, Chad Daybell, that led to her conspiring in Vallow’s killing. “I literally was sitting there saying ‘hypocrite, hypocrite,’ to my computer screen because Charles wasn’t planning her death. Charles wasn’t trying to figure out how to get her death to finance his new life with his new girlfriend,” Smith said. She said Vallow Daybell's lack of emotion toward her late husband will not be lost on the jury. “You have someone who went on one date with a man who choked up, and Lori hasn’t choked up ever about Charles’s death. The jury will see that,” Smith said. Smith believes Vallow Daybell’s transparent demeanor may hurt her case if the jury sees her as capable of orchestrating a conspiracy. “The jury is going to see her not as this meek, mild, demure, ‘I couldn’t hurt anybody’ person. They are going to see her as somebody who is large and in charge,” Smith said. “It’s also going to hurt her if she later in Idaho attempts to turn around and say, 'hey, I really was crazy or I really was incompetent.'” The trial has also revealed the prosecution’s restraint in handling the case, Smith said. She praised Deputy Maricopa County Attorney Treena Kay for adhering to ethical standards and maintaining fairness despite the challenges of Vallow Daybell representing herself. “When a prosecutor is going against somebody who is representing themselves on a very serious case. It is the opposite of what a lot of people think. You don’t take advantage of it. An ethical prosecutor really doubles down and becomes absolutely very careful,” Smith said. As the trial progresses, concerns have arisen about the dwindling number of alternate jurors, with only two remaining. Smith suggested that if more jurors are excused, sequestering the remaining jurors might become necessary. Looking ahead, Smith expressed skepticism about Vallow Daybell taking the stand. “I would really be shocked if Lori Vallow testifies because she doesn’t want to have anyone else in charge,” Smith said.

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