Judge denies Chad Daybell's motion to remove the death penalty

BOISE, Idaho (CBS2) — The Judge has denied Chad Daybell's motions to strike the death penalty.

Chad Daybell and his wife, Lori Vallow-Daybell, have been charged with murdering Lori's two kids, JJ Vallow and Tylee Ryan. Lori was tried in April of this year and found guilty on all charges, but she will not face the death penalty. Chad also faces charges of first-degree murder of Tammy Daybell, his late wife.

Lori decided not to waive her right to a speedy trial, Chad did. Chad's defense counsel then argued that each person should be tried on their own merit and that the cases should be severed. The judge granted the motion.

Then the State failed to hand over a significant amount of discovery to the defense teams before the court ordered deadline. Lori's defense argued successfully that they could not get through all of the new evidence in the time allotted before trial. The Judge agreed and removed the death penalty as a possible outcome of her trial.

Now Chad's defense attorney's argue that to keep the death penalty for Chad when it was removed for Lori is "arbitrary and capricious." The defense teams says that Chad Daybell faces a more severe penalty because he waived his right to a speedy trial.

The State argues that because the defense wanted the cases to be severed and treated separately, and they did not request reconsideration after the death penalty was removed for Lori, that they have lost the right to argue that point.

The Judge says in his written statement that "It is neither uncommon, nor outright indicative of arbitrary or capricious application that co-defendants may face differing penalties. Throughout the two cases, Daybell has repeatedly raised the need for 'individualized consideration' given 'mutually antagonistic' position between Vallow and Daybell. It has been individualized consideration of Daybell's right and desire to conduct additional DNA testing that persuaded this Court to sever the cases and afford Daybell additional time. At every critical stage of this case, the Court has been mindful of the need for individual consideration of each defendant's rights."

It appears that the defense's successful argument to sever the two cases and to have Chad Daybell's trial be treated separately and on its own merits, has come full circle. The Judge's statement boils down to this, you wanted to be treated separately and have your own considerations, well now you have it.

ncG1vNJzZmihlJa1sLrEsKpnm5%2BifK%2Bx1qxmpaeTlrlwttSdnp5llJq7qrHSZpqhmZRisaLFwZ6jpatdory1tc6nZK2nXaeyrrvVnmStoJVisaat06FkqZ2elrm1xQ%3D%3D