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Chad Daybell waives right to a speedy trial

Chad Daybell waives right to a speedy trial

From the August crime report: Kidnapping, internet crimes, a sleeping juror and more series
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Judge orders trial tied to discovery of missing kids' bodies

Chad Daybell, left, sits with his defense attorney John Prior during his preliminary hearing in St. Anthony, Idaho, on Tuesday, August 4, 2020. 

IDAHO FALLS — Chad Daybell waived his right to a speedy trial Tuesday.

Under Idaho Code 19-3501 a defendant must be tried within six months of being tried unless the trial is postponed. If a trial is not set within six months of a criminal charge being filed and the prosecution does not request a postponement with reason, the case can be dismissed.

Daybell is scheduled to undergo a jury trial starting Nov. 8. The waiver of his right to a speedy trial means the jury trial will likely be delayed. A hearing is scheduled Oct. 5 to discuss a motion to conduct the trial elsewhere. Daybell’s defense attorney, John Prior, has argued it is not possible for his client to get a fair trial in eastern Idaho due to the heavy news coverage.

Daybell is charged with multiple felonies, including three counts of first-degree murder. The charges came nearly a year after Joshua “J.J.” Vallow and Tylee Ryan, the children of his wife Lori Vallow, were found buried in his yard months after law enforcement had begun investigating their disappearance. He is also charged for the death of his previous wife, Tammy Daybell, who died a month before Chad Daybell married Vallow.

The prosecutor’s in Daybell’s case have indicated they intend to seek the death penalty against him. Vallow’s case is on hold after a judge found she was not mentally capable of contributing to her own defense.

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