BOISE, Idaho (CBS2) — Justin Lum with Fox10 reports that in the case of Lori Vallow Daybell, Judge Boyce has denied Daybell's motion to dismiss the murder case.
Daybell alleges that the court has violated her 6th amendment rights guaranteeing the right to a speedy trial. You can read our report on the original motion to dismiss here.
Judge Boyce denied the motion, citing 11/28/2022 as the real deadline for when to meet speedy trial obligations, adding time for the last hold on the case caused by a mental fitness evaluation for Daybell.
Boyce says the delay is justified by moving the trial to Ada County, the voluminous discovery, and there is "good cause," for the delay.
The memorandum of decision and order from Judge Boyce, reported by Justin Lum, says "On balance, though the Court is mindful of the overall length of time Lori has been in custody on charges preceding the Indictment, and the potential anxieties or concerns Lori has in a long pre-trial incarceration, the relevant time frame to consider the merits of a motion to dismiss the Indictment for lack of speedy trial cuts against finding an intolerable delay given this exceptionally complex conspiracy case. The delay is, as a whole, minimal given the overall charges and maximum penalties that could be imposed. Thus, the Court will continue to abide by an April 3, 2023 trial date as a justified date to begin trial in reaching this decision today."
ncG1vNJzZmihlJa1sLrEsKpnm5%2BifK%2Bx1qxmpaeTlrlwttSdnp5llJq7qrHSZqOoqpliw6K4y6iuZpyRrq%2BmuMusZKanpJ68r3nTqGSdoaOitrS%2F