Judge denies Lori Vallow’s request to waive her presence for the remainder of the day

BOISE, Idaho — Seven days into the Lori Vallow Daybell Trial, Vallow Daybell made a request to not be present for the rest of the day of testimony following a morning of testimony where her children’s remains were shown.

Judge Steven Boyce denied the request.

Vallow Daybell is charged with seven felonies. She and her husband Chad Daybell are accused of murdering her two children, JJ Vallow and Tylee Ryan. Vallow Daybell is also accused of conspiring to murder Daybell’s late wife, Tammy Daybell. 

She has pleaded not guilty.

This afternoon, following a disturbing morning of testimony from Detective Ray Hermosillo, Vallow Daybell acted differently when she entered the courtroom and looked visibly upset.

John Thomas (the attorney she was talking to) immediately asked the judge to meet privately with Lori in the hallway. Lori, still looking upset, left the room with her attorneys. We are now waiting. #LoriVallowTrial #LoriVallow @KSL5TV

— Lauren Steinbrecher (@LaurenSnews) April 11, 2023

Defense attorney, John Thomas asked the judge to meet privately with Vallow Daybell in the hallway.

When court resumed, the prosecution and defense entered with Vallow Daybell entering a few minutes later.

Boyce announced the court room that “a situation needs to be argued and determined outside of the presence of the jury at this time.”

“My client wishes to waive her presence at the testimony for the remainder of the day. It was emotional this morning,” James Archibald said. “She indicated that she did not wish to attend this afternoon.”

Archibald asked the court to review any relevant case law as his client with her “fragile state of mind, the mental health concerns” would “justify such a request.”

The prosecution argues that Idaho rule 43 favors a defendant being present for the duration of the trial. The case law along with Idaho rule state the court can require that a defendant is present.

Judge Boyce says this issue came up over lunch hour (Lori not wanting to be in court). Court has authority to override request for Lori to excuse herself from portions of the trial and not others. Says her presence can and should be required. #LoriVallowTrial #LoriVallow @KSL5TV

— Lauren Steinbrecher (@LaurenSnews) April 11, 2023

“Having considered the authority, I do think this court has the authority to override that request of the defendant to voluntarily excuse herself from portions of the trial but not others,” Boyce said. “Within the court’s authority to conduct this trial, her presence should be require to ensure due process.”

Boyce: "I am denying her request to excuse herself from these proceedings".

— KSL 5 TV (@KSL5TV) April 11, 2023