ST. ANTHONY — Boise attorney John Prior has filed a motion to withdraw as counsel in Chad Daybell’s murder case 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’s kids — and Daybell’s first wife, Tammy Daybell. Chad 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 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 Thursday, Jan. 18 at 10 a.m.

The post John Prior, Chad Daybell’s attorney, asks to withdraw from the murder case appeared first on East Idaho News.

ST. ANTHONY — A judge has ordered the remains of Tylee Ryan to be turned over to her family members.

The 16-year-old was found dismembered and burned on Chad Daybell’s Fremont County property on June 9, 2020, nearly nine months after investigators say she was killed. Her 7-year-old brother, Joshua “JJ” Vallow, was also found buried on the property.

The state of Idaho has maintained custody of Tylee’s body since the gruesome discovery but District Judge Steven Boyce signed an order Wednesday authorizing her body to be released to her next of kin. Colby Ryan, Tylee and JJ’s older brother, will likely take custody of the remains.

RELATED | Why haven’t the remains of JJ Vallow and Tylee Ryan been released to family members?

JJ Vallow’s body was released to family members in October.

Lori Vallow Daybell, JJ and Tylee’s mom, is serving a life sentence after being found guilty of first-degree murder in May for their deaths, along with conspiracy to commit the murder of Tammy Daybell, Chad Daybell’s former wife. She is currently awaiting trial in Arizona on charges of conspiracy to commit murder for the death of Charles Vallow, her fourth husband, and Brandon Boudreaux, her former nephew-in-law.

A jury trial is scheduled to begin April 1 in Ada County for Chad Daybell, who faces murder charges.

The post Judge orders release of Tylee Ryan’s body to family members appeared first on East Idaho News.

Do you want to know what’s happening in the eastern Idaho business scene? We’ve got you covered. Here is a rundown of this week’s business news across the valley.

BIZ BUZZ

IDAHO FALLS

Man who defended Lori Daybell now owns a restaurant in Idaho Falls

IDAHO FALLS – John Thomas was a prominent name in the news this year as his client, Lori Daybell, was convicted of murder. He was also an attorney for Chris Tapp, who was exonerated of murder after spending two decades in prison.

RELATED | Chris Tapp’s attorney: ‘Victory! We have victory!’

Now, Thomas and his wife, Jolyn, who hosts an afternoon conservative talk program on 106.3 FM, are the owners of a restaurant.

The Give Back Soup Shack opened Nov. 1 at 684 East 1st Street in Idaho Falls next to Planet Doom.

Its menu includes a variety of soups, two of which are tomato basil bisque and potato leek soup with braised pork belly. It also offers charcuterie boards, a French Americana melt with cheese and a drizzle of honey on sourdough bread and s’mores made with a french butter cookie, toasted Swiss meringue, smoked sea salt and raw sugar crystals.

There’s a French drinking chocolate on the menu as well. It’s served with homemade whipped cream and raw sugar crystals.

“This is not food you will be able to get anywhere else,” chef Mac Schauster says in a news release. “We have a very refined taste and style.”

Schauster and his girlfriend, Jacklyn Thomas, the Thomas’ daughter, run the day-to-day operations. Schauster tells EastIdahoNews.com the response to the business has “been good so far” and there have been multiple recurring customers.

As the name implies, the restaurant was designed to give back to the community in some way. Every month, a portion of its proceeds will benefit a specific cause. The Bonneville County Jail’s I.G.N.I.T.E. (Inmate Growth Naturally and Intentionally through Education) program will benefit from December’s profits.

“It helps inmates learn new skills and other things that will help them on the outside so they don’t go back to prison,” Jacklyn says.

The program started in 2021, according to its website, and has spread into eight counties across the country since then. The Bonneville County Sheriff’s Office implemented it in September.

RELATED | Local jail launches program to help inmates spark new interests through education

Owning a restaurant is a passion project that’s years in the making for John. He “saw a lot of promise” in IGNITE when it launched and thought it was a good cause to open his restaurant with.

Jacklyn says her dad is thrilled to turn his dream into a reality.

“My dad has had this idea since I was a little kid,” says Jacklyn. “He loves to cook, and we just decided to make it happen. He bought this old taco shack, and we spent the entire summer renovating it and turning it into this.”

Schauster and Jacklyn have been together for a while. He’s worked at Copper Rill, Cast Iron and other restaurants in the past and is excited to use his experience in the Thomas family venture.

He wants customers to have a great dining experience and feel good that their purchase is going to a worthwhile cause.

“That strong sense of community was always a thing for us,” says Schauster.

The couple are eager to take the restaurant “as far as it will go,” whether that includes additional locations or a permanent storefront. They aren’t sure what the future holds, but they’re happy to be involved in a venture they enjoy doing together.

“We want to take these high-end techniques I’ve learned and deliver them to people in a way that’s more approachable,” Schauster says. “That will always be a core part of any future endeavors.”

The Give Back Soup Shack is open noon to 7 p.m. Monday thru Friday. Visit the website or Instagram page for more information.

BIZ BITS

Construction issues delay opening of bagel shop in Rexburg

REXBURG – The much-anticipated opening of Teton Bagel has been delayed.

Last month, EastIdahoNews.com reported the restaurant was opening inside BarberPop Shop at 175 West 2nd South, Ste. 103 in Hemming Village. It was originally supposed to open at the end of November.

Delays in construction have pushed the opening back to January. A specific date is hard to determine at this point, but it will be announced on the business’s Facebook page as it gets closer.

Teton Bagel will be open for breakfast and lunch Monday thru Saturday. Hours of operation will be 7:30 a.m. to 3:30 p.m. A limited menu will be available those same days from 3:30 to 6 p.m.

IN CASE YOU MISSED IT…

Artisan Holiday Market in local coffee shop brings ‘hidden gems’ into view

Santa delivers ‘grand surprise’ to over 200 people in eastern Idaho through Operation Christmas Magic

New Rexburg boxing business looks to empower people and unleash their potential

Fall River Electric pays out over $2.1 million to customers

The post New soup shack in eastern Idaho helps give back by raising funds for different causes monthly appeared first on East Idaho News.

ST. ANTHONY — A judge has denied a request from Chad Daybell’s attorney to take the death penalty off the table as a possible punishment if he is found guilty of murder.

John Prior, Daybell’s attorney, filed a motion last month asking District Judge Steven Boyce to strike the death penalty because Prior said Daybell is less culpable than his wife, Lori Vallow Daybell, who did not face the death penalty.

Lori and Chad were indicted by a grand jury in May 2021 on multiple counts of first-degree murder and conspiracy to commit murder for the deaths of JJ Vallow and Tylee Ryan — two of Lori’s kids — and Daybell’s first wife, Tammy Daybell. Chad is also charged with two counts of insurance fraud in relation to Tammy Daybell’s life insurance policies.

Lori was found guilty in May and sentenced to life in prison without parole.

“Lori ‘manipulated Chad through emotional and sexual control’ and ‘Chad [was] not going to act without Lori saying so,’” Prior wrote in his motion, quoting from a transcript of her trial. “Per the state’s own presentation of evidence and arguments in the trial of Lori Vallow, Mr. Daybell has lesser culpability than his co-defendant, who did not face the death penalty.”

Boyce issued a written decision Tuesday denying the motion and said it’s up to a jury to decide whether Daybell should face the death penalty.

“Daybell is asking this court to preempt the maximum potential penalty of death before a trial jury has undertaken any deliberations about his guilt of the crimes charged or heard any evidence whatsoever,” Boyce wrote. “It is a jury of one’s peers — not a judge — who recommends the imposition of the death penalty for individuals first charged, and then duly convicted of crimes eligible for capital punishment in Idaho.”

Boyce wrote he will not speculate about what evidence will be used during Chad’s trial regarding his culpability in relation to Lori.

“To make a pre-trial determination about whether Daybell is more, less, or equally culpable to Vallow, who has now been convicted of all charges brought by the State of Idaho, would require this Court to invade the province of the jury and make a premature determination about what the facts of Daybell’s case — not Vallow’s case — are,” Boyce said.

Chad’s trial is scheduled to begin April 1 in Ada County. Lori was extradited earlier this month from the Pocatello Women’s Correctional Center to the Maricopa County Jail in Arizona on charges of conspiracy to commit murder. Once court proceedings are done in Arizona, she will return to Idaho to serve her life sentence.

The post Death penalty will remain an option for Chad Daybell if he’s found guilty, judge rules appeared first on East Idaho News.

ST. ANTHONY — Chad Daybell’s murder trial won’t take place in eastern Idaho — it will be in Ada County instead.

In an eight-page order issued Friday afternoon, District Judge Steven Boyce denied a renewed motion from prosecutors to reconsider a change of venue for the trial due to challenges in finding a fair and impartial jury.

“The reality is, and the state would likely concede, that nearly every responsible, eligible working citizen of Fremont County, capable of jury service, has followed the ‘Chad Daybell and Lori Vallow’ story,” Boyce wrote. “While the expense of conducting trial in Boise is immense, it is still less expensive than attempting, and failing, to seat a jury in Fremont County, only to thereafter return to Ada County.”

Fremont County Prosecuting Attorney Lindsey Blake and Madison County Prosecuting Attorney Rob Wood asked Boyce to reconsider the location following comprehensive media coverage in Ada County during Lori Vallow Daybell’s trial earlier this year.

She was found guilty and sentenced to life in prison on charges of conspiracy to commit murder and first-degree murder in relation to the deaths of 7-year-old Joshua “JJ” Vallow, 16-year-old Tylee Ryan — two of Lori’s kids — and Chad’s first wife, Tammy Daybell.

Chad Daybell faces similar charges with a trial scheduled to begin April 1.

“A large number of prospective jurors will be necessary…to ensure that the balance tips in favor of robust due process to Daybell — particularly in light of the potential for capital punishment,” Boyce wrote. “Ada County, the most populous county in Idaho, has the resources to impanel an impartial jury and is willing to provide the facilities to conduct the trial.”

Boyce noted he has conducted many trials in Fremont County and has never had any issues with jurors creating problems or serving faithfully. He also wrote that the Fremont County Sheriff’s Office “is fully capable and competent to oversee a trial of this magnitude” and court clerks are “dedicated, experienced, and responsive.”

“Absent the concern about selecting an impartial jury, not tainted by pretrial publicity, Fremont County would unquestionably be an ideal venue for the
upcoming trial,” Boyce wrote.

Lori Vallow Daybell was extradited to Arizona last week on two conspiracy to commit murder charges in connection with the death of a previous husband, Charles Vallow, and the attempted killing of her former nephew-in-law, Brandon Boudreaux. She was arraigned Thursday and pleaded not guilty. Her trial is scheduled to begin April 4.

The post Judge issues decision on whether Chad Daybell’s trial will be moved back to eastern Idaho appeared first on East Idaho News.

PHOENIX — Lori Vallow Daybell pleaded not guilty Thursday to charges in Arizona of conspiring to kill her husband and her niece’s ex-husband.

Dressed in an orange Maricopa County Jail uniform, Daybell had little to say during the brief arraignment. She said her name and birthdate when a judge asked her and the court issued a not guilty plea on her behalf.

A grand jury indicted Daybell in June 2021 after her brother, Alex Cox, shot and killed her then-husband Charles Vallow in his Chandler home. Cox died in December 2019 from what a medical examiner deemed to be natural causes.

WATCH: Lori Vallow Daybell appears for arraignment in Arizona courtroom

A second grand jury indictment was filed in Feb. 2022 for conspiracy to commit the murder of Brandon Boudreaux. At the time, he was married to Melani Pawlowski, Daybell’s niece. Police say Cox shot at Boudreaux and tried to kill him.

Daybell was extradited to Arizona last week from the Pocatello Women’s Correctional Center, where she has been since the beginning of August after Judge Steven Boyce sentenced her to life in prison for the murders of her children, Tylee Ryan and Joshua “JJ” Vallow. She was also found guilty of conspiring to commit the murder of Tammy Daybell, the former wife of Lori’s current husband, Chad Daybell.

Chad Daybell faces similar charges and his trial is scheduled to begin April 1 in Ada County. Lori Vallow Daybell’s Arizona trial is set to start April 4.

The post Lori Vallow Daybell pleads not guilty to Arizona conspiracy charges appeared first on East Idaho News.

PHOENIX, Arizona — Lori Vallow Daybell is set to appear in an Arizona courtroom Thursday morning on two charges of conspiracy to commit murder.

Daybell, 50, was extradited from Idaho to Arizona last week and booked in the Maricopa County Jail. She has been held without bond since her initial court appearance on Nov. 30.

A grand jury indicted her in June 2021 after her brother, Alex Cox, shot and killed her then-husband Charles Vallow in his Chandler home. Cox died in December 2019 from what a medical examiner deemed to be natural causes.

A second grand jury indictment was filed in Feb. 2022 for conspiracy to commit the murder of Brandon Boudreaux. At the time, he was married to Melani Pawlowski, Daybell’s niece. Police say Cox shot at Boudreaux and tried to kill him.

Daybell’s arraignment is scheduled to begin at 8:30 a.m. We will stream it live in the video player above.

The post WATCH LIVE: Lori Vallow Daybell appears for arraignment in Arizona courtroom appeared first on East Idaho News.

ST. ANTHONY – Brenda Dye says she still has nightmares about the Chad and Lori Daybell case.

The 46-year-old Island Park woman is in her second term as Fremont County coroner. She was involved in the death investigation of Chad Daybell’s wife, Tammy, and Lori’s kids, 16-year-old Tylee Ryan and 7-year-old Joshua “JJ” Vallow.

Dye tells EastIdahoNews.com it’s “by far the most difficult” case she’s ever been involved in.

“It’s just hard to imagine someone doing that to someone they care for and love,” Dye says. “I have kids and I just can’t imagine what the family has had to go through.”

Many were horrified by the images of Tylee and JJ’s bodies presented in court during Lori’s murder trial. Both bodies were found buried in Chad’s backyard in June 2020. JJ was wrapped in plastic and bound by duct tape, while Tylee was dismembered and burned.

A jury found Lori guilty of murder in May. She is serving three life sentences at the Pocatello Women’s Correctional Center. She was extradited to Arizona earlier this week to answer for the alleged murder of her fourth husband, Charles Vallow. She made her initial court appearance in Maricopa County on Thursday in front of Judge Tracy R. Nadzieja.

RELATED | WATCH: Lori Vallow Daybell appears in Arizona courtroom for the first time on conspiracy to commit murder charges

Officials determined Tammy died of asphyxiation. Bruises found on her arms and chest suggest she may have been restrained.

Throughout this ordeal, Dye says many people have asked her about the case. One of the questions she’s asked most often is how she’s dealt with it.

The ability to emotionally detach is a skill Dye says is critical in maintaining professionalism. Despite years of training, she struggled and had to seek professional help to deal with her emotions.

“I still have nightmares,” says Dye. “(Chad’s) trial is coming up next spring, and I have to relive everything again and all those emotions come back. A lot of cases are harder than others, but this has been really hard for me.”

Dye was months into her first term when Tammy died and the kids disappeared. Her first two cases in office involved people she knew, which made dealing with the Daybell case even more difficult.

Another case around the same time involved the death of a family friend.

“I have two sons and one of their friends ended his life,” she says.

The timing of these situations made 2019 one of the most difficult years of her life.

WATCH OUR INTERVIEW WITH DYE IN THE VIDEO ABOVE.

The post Coroner involved in Daybell case speaks on camera for the first time, says it still gives her ‘nightmares’ appeared first on East Idaho News.

PHOENIX, Arizona — Video footage of Lori Vallow Daybell’s extradition and booking has been released by the Maricopa County Sheriff’s Office in Phoenix, Arizona.

Maricopa County deputies arrived at the Pocatello Women’s Correctional Center Monday to take custody of Vallow Daybell and extradite her to Arizona, according to a news release from Maricopa County Sheriff Paul Penzone.

After an 18-hour trip, Daybell was booked into the Maricopa County Sheriff’s Office ITR facility just after midnight Thursday and will remain in custody throughout her court proceedings.

Daybell faces two conspiracy to commit first-degree murder charges in Arizona.

A grand jury indicted her in June 2021 after her brother, Alex Cox, shot and killed her then-husband Charles Vallow in his Chandler home. Cox died in December 2019 from what a medical examiner deemed to be natural causes.

A second grand jury indictment was filed in Feb. 2022 for the attempting killing of Brandon Boudreaux. At the time, Boudreaux was married to Melani Pawlowski, Daybell’s niece. Police say Cox shot at Boudreaux and tried to kill him.

Daybell has been incarcerated at the Pocatello Women’s Correctional Center since the beginning of August after Judge Steven Boyce sentenced her to life in prison for the murders of her children, Tylee Ryan and Joshua “JJ” Vallow. She was also found guilty of conspiring to commit the murder of Tammy Daybell, the former wife of Lori’s current husband, Chad Daybell.

View the footage in the video player above.

RELATED | WATCH: Lori Vallow Daybell appears in Arizona courtroom for the first time on conspiracy to commit murder charges

LIVE: News conference on extradition of Lori Daybell at noon

The post WATCH: Lori Vallow processed and booked into Arizona jail appeared first on East Idaho News.

PHOENIX — Lori Vallow Daybell has been booked into the Maricopa County Jail in Arizona, and the sheriff’s office there will be giving a news conference at noon.

Daybell has been incarcerated at the Pocatello Women’s Correctional Center since the beginning of August after Judge Steven Boyce sentenced her to life in prison for the murders of her children, Tylee Ryan and Joshua “JJ” Vallow. She was also found guilty of conspiring to commit the murder of Tammy Daybell, the former wife of Lori’s current husband, Chad Daybell.

Now she’s facing two charges of conspiracy to commit murder in Arizona.

A grand jury indicted her in June 2021 after her brother, Alex Cox, shot and killed her then-husband Charles Vallow in his Chandler home. Cox died in December 2019 from what a medical examiner deemed to be natural causes.

The livestream of the news conference is in the video player above.

RELATED | New details on how deputies moved Lori Vallow Daybell from Idaho to Arizona

RELATED | WATCH: Lori Vallow Daybell appears in Arizona courtroom for the first time on conspiracy to commit murder charges

The post LIVE: News conference on extradition of Lori Daybell at noon appeared first on East Idaho News.