Prosecutors deny claims by Lori Daybell’s lawyer, ask judge to impose penalties

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ST. ANTHONY —- Prosecutors strongly refute the claims made by defense attorney for Lori Vallow Daybell and call on a judge to impose penalties on him.

In a response filed Wednesday, Madison County District Attorney Rob Wood and Fremont County District Attorney Lindsey Blake say a petition brought by Mark Means last month contains several false statements. They argue that it would be inappropriate and unethical if Means continued to be Daybell’s attorney due to her previous portrayal of her husband and co-defendant Chad Daybell.

“Sir. The means of the motion crossed the line of zealous advocacy and entered the arena of prosecution of rank,” prosecutors wrote.

Lori Daybell has been detained by the Idaho Department of Health and Welfare since she was declared unfit to stand trial. In her petition, Means alleged that she and a clinician from the Idaho Department of Health and Welfare watched Chad Daybell’s change of location hearing in October. Means says that at one point, the clinician recommended that Lori Daybell contact attorneys for The Church of Jesus Christ of Latter-day Saints and possibly obtain legal counsel other than her public advocate appointed by the State, Jim Archibald.

Means wrote that Lori Daybell contacted church lawyer Daniel McConkie, who in turn contacted Wood.

RELATED | Lori Daybell’s lawyer says she is ‘being manipulated’ and contacted LDS church lawyers

In their response, prosecutors said Wood spoke with a church lawyer for about a minute and it wasn’t McConkie. Wood said he then immediately contacted Archibald about the phone call. Archibald did not co-sign the motion filed by Means even though the two lawyers represent Lori Daybell.

“Sir. Means relied on spurious facts, hearsay and possible violations of his own client’s rights to make these allegations,” prosecutors wrote in their response. lawyer Means be sanctioned by the court ordering that all motions filed on behalf of defendant Lori Vallow / Daybell be signed by both defendant’s attorneys until the defendant is found to have jurisdiction. ”

Wood and Blake wrote that they had no incriminating statement made by Daybell to McConkie and that all other comments had already been passed on to the defense. Prosecutors said Means could find out what she and McConkie had been talking about by questioning Daybell herself.

Prosecutors have asked District Judge Steven Boyce to impose further penalties he deems appropriate against Means because they believe the private attorney is acting irresponsibly.

RELATED | Chad Daybell’s lawyer wants non-LDS special prosecutor over alleged IDHW incident

“The public manner in which Mr. Means is requesting these described documents is of concern as it appears he intends to release statements he believes were made by his client,” prosecutors wrote. “At this time, the defendant Lori Vallow / Daybell is found to be incompetent by the court and cannot knowingly consent to her private statements being made public.”

Wood and Blake say that if Daybell makes incriminating statements, Means wants information open to the public, not sealed.

“The potential harm to Vallow / Daybell from releasing such statements is high and could also be extremely damaging to Mr. Means’ former client Chad Daybell,” prosecutors said. “It should be noted that the court-appointed Vallow / Daybell qualified public defender qualified for the death penalty has not joined this motion.”

Also summarized in their file, Wood and Blake wrote that Means cannot have the HDIW disqualified from Daybell’s treatment, as Means requested. Prosecutors point out that Means filed the petition under penalty of perjury and witnessed all of the charges he brought.

The Daybells are charged with several crimes, including conspiracy to commit murder and first degree murder. The charges relate to the deaths of Joshua “JJ” Vallow, 7, Tylee Ryan, 16, two of Lori’s children, and Chad’s first wife, Tammy Daybell.

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