By LAUREN SILVER
BOISE, Idaho (Court TV) – Lawyers for convicted killer Lori Vallow Daybell are expected in court on Thursday to argue that their client should get a new trial.
Lori was convicted of killing her two youngest children, JJ Vallow and Tylee Ryan, and conspiring in the murder of her fifth husband’s first wife, Tammy Daybell. She is scheduled to be sentenced on July 31.
In a motion filed on May 25, Lori’s attorneys argued their client’s conviction should be vacated and a new trial ordered based on three issues:
- The Court misdirected the jury in a matter of law as it related to the jury instructions on conspiracy.
- The Court misdirected the jury in a matter of law as it related to the amended indictment.
- A juror interview revealed that the jury instructions were confusing and that he knew of evidence not submitted to the jury.
The allegation regarding the juror stems from an interview that Juror #8 did with East Idaho News in the weeks following the verdict.
We didn’t consider this during our deliberation because it was clear to us, the instructions were clear, Arizona evidence and testimony is only for demonstrative purposes. And we were all very very respectful of the rules, the directions we were given. But now being removed from that, I think the Phoenix Police Department had some significant red flags that, had they been followed up on, maybe we’re not here.
Lori’s attorneys are expected to argue the things the juror, Saul Hernandez, said in the interview are cause for her conviction to be overturned.
In its response, prosecutors objected to the defense motion for a new trial, arguing in part that in a follow-up interview, Hernandez “explained he was released from his obligations as a juror on Friday after the verdict was rendered. The following Sunday, he watched a new episode of a show referencing the case.”
Should Judge Steven Boyce rule there is sufficient evidence for a new trial, Lori would be returned to jail as both parties worked to prepare for a new trial.
If Boyce finds insufficient evidence to support overturning the conviction, then sentencing will move forward as scheduled on July 31. Lori’s son, Colby Ryan, and sister, Summer Shiflet, are expected to speak at her sentencing, as well as JJ Vallow’s grandmother, Kay Woodcock.
Judge Boyce has denied Court TV and other media’s request to broadcast the motions hearing, but the proceedings will be audio recorded and sent to Court TV from the court.
The court has indicated it will live stream Lori’s sentencing hearing on July 31.