Triple-murder defendant Chad Daybell’s Nov. 8 jury trial will be rescheduled following an October change of venue hearing.
Seventh District Judge Steven Boyce made the decision during a Wednesday hearing where Daybell’s case was discussed.
“We have a trial in this case scheduled for November 8 — two months from today. In the intervening time period, we’ve got some motions. There’s a change of venue motion scheduled for October 5 and 6th,” he said.
Boyce added that the court is still waiting on grand jury transcripts from May 2021 to be released.
“The grand jury transcripts are almost completed, but not yet completed and submitted to council. (They) are necessary for review by the defense and the state in order to go forward,” he said.
Boyce also pointed out that Daybell had recently agreed to waive his right for a speedy trial. Boyce noted that a motion for “severance” in the trial had recently been requested.
The severance involves the companion case involving Daybell’s second wife Lori Vallow-Daybell. The two are charged in the murder of Vallow-Daybell’s children Tylee Ryan, 17, and J.J. Vallow, 7. Chad Daybell is also charged in the death of his first wife Tammy Daybell. Boyce did not give a reason for the severance other than it had been requested.
“Given all those circumstances, council, it would appear to me it would be impractical to commence this case two months from today on November 8,” Boyce said. “I understand there may also be some discovery issues that are not yet complete. The court on its own motion, feels it’s appropriate to continue (postpone) this trial. That’s where I think we’re headed.”
Attending the Zoom meeting were Chad Daybell and his attorney John Prior. Boyce asked Prior if he had confirmed with Daybell about postponing his November trial.
“I’ve done my due diligence. I have discussed this (with Chad). There is no objection,” Prior said.
Also at the meeting was Vallow-Daybell’s new attorney Jim Archibald, Vallow-Daybell's attorney, Mark Means, Fremont County Prosecutor Lindsey Blake and Madison County prosecutors Rob Wood and Rachel Smith.
Chad Daybell has pleaded not guilty to the murder charges and has also pleaded not guilty to insurance fraud involving receiving $430,000 in life insurance benefits he received following Tammy Daybell’s death. He is currently being held at the Fremont County Jail.