PHOENIX (Court TV) — Opening statements in Lori Daybell‘s second conspiracy trial are just days away, but that didn’t stop the so-called “Doomsday Cult Mom” from filing a motion last week once again requesting that Judge Justin Beresky recuse himself from the case.
Lori Daybell attends court proceedings on May 29, 2025 ahead of her second conspiracy trial in Arizona. (Court TV)
Daybell is charged with conspiracy to commit first-degree murder. Prosecutors allege she planned to kill her former nephew-in-law, Brandon Boudreaux, in Arizona. The case will be tried in Maricopa Superior Court in Phoenix, which is where Daybell was convicted in April of conspiracy to kill her fourth husband, Charles Vallow.
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Daybell is already serving life without parole in Idaho for the deaths of her 7-year-old son, JJ Vallow, and her only daughter, 16-year-old Tylee Ryan, and for conspiring to kill her fifth husband’s first wife, Tammy Daybell. Chad Daybell, Lori’s current husband and Tammy’s widow, was sentenced to death for killing Tylee, JJ and Tammy.
Daybell’s motion, dated May 20, states:
“The Defendant, Lori N. Daybell, files with this motion and her affidavit, as show that the honorable Justin Beresky has a personal bias or prejudice against her. As a result, the defendant cannot receive a fair or impartial hearing or trial before this Court.”
Daybell’s motion also references a May 14 pretrial hearing during which she asked the judge to recuse himself from the case.
In addition, the affidavit states that the judge’s “facial expressions, attitude, demeanor and statement deprived the Defendant of a fair and impartial hearing.”
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It also states that Daybell wants Judge Beresky disqualified because she claims he violated the Speedy Trial Act by failing to dismiss the case, which she maintains is being tried outside of the legal limitations. She also argues that the judge can’t be impartial because he can see the restraint belt she is forced to wear.
The State filed its response on May 26, opposing Daybell’s request that Judge Beresky be replaced. In their response, the State cites the judge’s May 14 denial, saying:
“The court put on the record that he had no personal bias toward the defendant, that he has accommodated her requests, that he has allowed her additional time beyond that allowed in the rules to obtain expert testimony and that denying her motions when they had no legal basis is not evidence of bias.”
Daybell filed the motion to recuse days after Judge Beresky denied her motion for a new trial. In that motion, Daybell had argued juror misconduct, prosecutorial misconduct and bias by Judge Beresky.
Daybell had one final status conference hearing on May 29. Jury selection got underway later that same day. Opening statements are expected June 2.
