The Chad Daybell case has been a focal point of national attention, marked by its intricate details and the severity of the charges. At the heart of Daybell's defense is his attorney, John Prior, whose involvement has been fraught with challenges and ethical considerations.
Chad Daybell sits at the defense table after the jury's verdict in his murder trial. (AP Photo/Kyle Green, Pool)
Background of the Case
John Prior has been Chad Daybell's defense attorney since May 2021. A grand jury indicted Daybell and his wife, Lori Vallow Daybell, on murder and conspiracy to commit murder charges. The charges relate to the deaths of JJ Vallow and Tylee Ryan-two of Lori Daybell's children-and Chad Daybell's first wife, Tammy Daybell. Chad Daybell also faces two counts of insurance fraud related to Tammy Daybell's life insurance policies.
Prosecutors declared their intent to seek the death penalty in Daybell's case in August 2021. Prior has been the sole representative for his client since being hired nearly three years ago.
Lori Daybell was found guilty and sentenced to life in prison without parole last summer. She is currently in Arizona on charges of conspiracy to commit murder of Charles Vallow, her fourth husband, and Brandon Boudreaux, her former nephew-in-law. Once court proceedings are done in Arizona, she will return to Idaho to serve her life sentence.
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Prior's Attempt to Withdraw
Prior argued that he wanted to remain on the case but needed to withdraw because he is not a death penalty-qualified attorney. He also cited insufficient time to prepare for the trial and Daybell's inability to continue paying him.
"I came to realize in late December that the amount of work I'm going to need to do before the trial on April 1 could not get done," Prior told District Judge Steven Boyce. "I don't desire to get off this case. I want to stay on this case regardless of Mr. Daybell's financial situation."
Prior noted he "couldn't care less" about money but then stated he believed he should be compensated for his services and insisted Daybell wanted him to be paid. "Mr. Daybell agrees with me that it's not fair to me if I don't get paid," Prior said. "If the court denies my motion, I'm prepared to go forward and push this case to the end, and I'm committed to that. Do I think it's fair I don't get paid? No. Do I want to get paid? I absolutely want to get paid for the work that I do."
The Issue of Death Penalty Qualification
Prior's argument also centered on his lack of qualification as a death penalty attorney. He told Boyce that he had been unsuccessful in finding qualified lawyers in Idaho and other states to assist him in the death penalty case.
Idaho permits a defendant facing the death penalty to hire private attorneys of their choosing, even if those lawyers lack experience in capital cases. However, court-appointed attorneys must be death penalty certified.
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"If I don't get assistance from another attorney to help me in this case, I don't have any choice other than to withdraw. The primary reason is there is no mechanism that allows Mr. Daybell to get additional assistance unless I withdraw," Prior explained.
Court's Response and Frustrations
Boyce questioned Prior on his trial readiness and whether he had a mitigation specialist in place. A mitigation specialist "speaks for the dignity and value of those who have committed even the worst criminal acts," according to the National Legal Aid & Defender Association. In death penalty cases, a mitigation specialist presents the defendant's story to the jury to advocate for their life.
Fremont County Prosecuting Attorney Lindsey Blake argued against the motion to withdraw. She recalled that during a hearing in January 2023, Prior had requested additional help, and Boyce indicated that state funding could be available if another attorney joined the defense team.
"Here we are a year later, and for the first time, this issue is being brought up that, 'Hey, I want to withdraw because I'm not getting paid and I'd have to work all the time to get it done,'" Blake said. "Now the victims' families have to wait much longer, and the state has to absorb additional cost."
Blake noted that Prior had fought to sever Chad Daybell’s trial from Lori Daybell’s last March to await additional DNA testing on evidence. Prior then attended Lori Daybell’s trial almost every day in Ada County. "He was able to watch the trial and got a year-long continuance to test the DNA and then after the trial said, 'I'm not going to test the DNA,'" Blake said. "It was very frustrating that we ended up having a continuance for something that never ended up being tested."
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Boyce expressed his frustration with Prior's timing in filing the motion, less than three months before the scheduled start of the murder trial. "None of this is new at all. The co-defendant (Lori Daybell) went through an entire trial that you observed. We talked about these concerns a year ago, and here we are on the doorstep of trial and you’re saying you’re not prepared," Boyce said. "During a hearing a year ago, you said, 'There is going to be no continuance because I'm asking to get out of this case - that will not happen.'"
Denial of the Motion and Trial Implications
After a brief break, the judge denied Prior’s motion, stating that granting it would delay the trial by at least a year or longer. "The motion, if granted, would absolutely require a continuance of the trial and not just a brief continuance," Boyce said. "Idaho has a sparse number of (death penalty-qualified) attorneys … and Idaho is currently experiencing a lot of cases resulting in the appointment of available attorneys. I don't have any idea of who would be appointed, but what I do know is the trial would have to be vacated and continued likely for a long time."
Boyce acknowledged that Daybell was satisfied with Prior and wished for him to continue as his attorney. However, if Prior could find another lawyer to assist him, the state could help cover the costs. Daybell has pleaded not guilty to all charges.
Prior's Defense Strategy
In his opening argument, John Prior made several statements, including that there’s no way to determine Tammy Daybell’s cause of death, and insisting Lori Vallow’s kids weren’t actually buried in Chad’s backyard.
“You’ll hear testimony that the body of J.J. Vallow was discovered behind an irrigation pond and a tree out in the pasture. So, technically, yes, maybe the backyard, but more accurately described as the pasture hidden behind a tree,” said Prior.
“You’re going to hear testimony that also in the middle of this pasture was a raspberry patch, former raspberry patch that was then turned into a uh place for them to bury the cats, the dogs and all of the animals on the farm. Ok. Again, out of the pasture of the field and not the backyard and your testimony about that,” said Prior.
Prior also mentioned that there was DNA evidence found on scene that did not belong to Chad Daybell. “Doctor Hemp Pinkett is going to talk about the fingerprints on the plastic of the J.J. Vallo was discovered in was that of Alex Cox. Doctor Pinkett is going to talk about the hair sample that was found on the plastic of Alex Cox and that it was Laurie Vallo,” said Prior. “Doctor Hemp Pinkett is going to talk about several and I mean several other hairs that were found on the plastic of J.J. Vallo. But he’s also going to say that there was no DNA evidence, no hair samples of Chad Daybell.”
Prior also emphasized to the jury to not be distracted by speculation, guesses or assumptions, and to focus on the facts and evidence. Once the eight-to-10-week trial in Ada County Courthouse is done, if the jury finds Daybell guilty, he will be facing the death penalty.
Madison County Prosecuting Attorney Rob Wood opened with his statements before the 12 jurors who were selected during the final phase on Monday, April 8. Wood outlined step by step what the jurors would hear and see during the estimated eight-to-10-week trial at the Ada County Courthouse. He also outlined all the charges that Chad Daybell faces, which include three first-degree murder charges in the deaths of Tammy Daybell, Tylee Ryan and J.J. Vallow, as well as conspiracy to commit murder charges, grand theft, and insurance fraud.
“Two dead children, buried in the defendants back yard. The next month, his wife. Dead in their bed. 17 days later, this defendant marries Lori Vallow. Members of the jury, days and probably weeks from now we will have the opportunity to speak with you again.” Wood said to the panel of jurors. “Your verdict will be the link that writes the final chapter of this tragic saga. A chapter that delivers justice for Tammy, justice for J.J.
Appeal to the Idaho Supreme Court
Chad Daybell's attorney, John Prior, has filed an appeal with the Idaho Supreme Court to examine his case, the verdict, and the death penalty sentence.
Prior wasted no time submitting an appeal to the Idaho Supreme Court which was filed some time on Monday. The jury found Daybell guilty of first-degree murder and conspiracy to commit murder after an eight-week trial last Thursday. That same jury deliberated and decided on the death penalty sentence by Saturday after hearing victim impact statements for much of the day Friday.
Idaho law gives defendants 42 days to appeal a conviction. The Idaho Supreme Court automatically reviews death penalty cases, though that is a separate process from the appeal. Prior also requested that the State appoint an appellate defense attorney, a specialized attorney who will handle the appeals process for Daybell, a process that could take several years.
Did Judge Boyce err in not granting Daybell's motion to dismiss the grand jury indictment, Did Boyce err in ruling Dr. Garth Warren's testimony about Tammy Daybell's cause of death admissible, and Did Boyce err in denying Prior's request to move the trial out of Ada County due to intense media coverage.
Ethical Considerations
The case also brings up ethical considerations for attorneys, drawing parallels with other high-profile cases. For example, Juan Martinez, the prosecutor in the Jodi Arias case, was disbarred for misconduct, including leaking information and sexual harassment. This highlights the importance of ethical conduct for legal professionals, especially prosecutors who have significant power.
The rules of professional responsibility vary slightly from state to state. Here is the relevant passage about misconduct from the Idaho Rules of Professional Conduct.
RULE 8.4 MISCONDUCT It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.
The comments to the Idaho rules point out, “A prosecutor has the responsibility of a minister of justice and not simply that of an advocate.” Leaking information is misconduct because it risks the defendant’s ability to have their case heard by an impartial jury.
Turning to Chad Daybells’ present attorney, John Prior, there are some similar issues. The ABA Journal reported on Prior’s case, “Faced with the possibility of a maximum 20-year prison sentence if he had been found guilty of felony battery for allegedly forcing himself on a woman in his law office conference room last year, an Idaho attorney has taken a mid-trial plea to misdemeanor battery. John Prior, 50, will now face a maximum of six months in jail and a $1,000 fine when he is sentenced in November in the Canyon County case, according to the Idaho Statesman and KTVB. Prior was indicted by a grand jury for felony battery with intent to commit rape after being accused of attacking a 20-year-old woman who said she came to his Nampa office seeking a job and advice on a child-custody case, the Statesman reports. Before the trial concluded Friday with Prior’s plea, his lawyer, Scott Fouser, told the jury during opening statements that Prior paid the woman, who was in dire straits financially, for sex. She then lied about the incident to her boyfriend, her family, and police, Fouser said. However, the woman testified before Prior took his plea that she refused when he offered her a job and help with the cust...
Prior's Perspective on the Kohberger Case
Prior, having been through a high-profile trial himself, has offered insights into the Bryan Kohberger case. He acknowledges the immense pressure and media attention that attorneys in such cases face.
“I don't know if there's any way to prepare for the media, the intrusion into your personal life and the focus that's placed on the lawyers when you're doing something like this. I thinks it's going to be a bit of a shock to all of the lawyers on both sides, the amount of attention they're going to get. I don't know if anyway can prepare for that.”
Prior looks forward to being on the sidelines for Kohberger rrial. “There's a certain amount of interest, now that I'm done with what I was doing. I am interested in what's going on. I'm going to be fascinated. I know all three lawyers, not personally, but I know of all three lawyers. It's what I do for a living. So, I'm going to follow it, and try to get an idea what their strategy and tactics are. How they're going to prosecute and defend the case. And, there's an interest there, so now, I'm the spectator. I'm perfectly happy now being a spectator.
I asked Prior what he has learned about himself over the last five years. "I learned a lot, some of it I don't want to share with you. I probably learned more patience, I got an opportunity to work with some exceptional people while I was working on the case and it's one of those experiences that I will remember the rest of my life.
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