LORI VALLOW & CHAD DAYBELL

Judge Puts Hold On DNA Testing Of Evidence In Daybell Case

Apr 28, 2021, 10:51 PM | Updated: Jul 11, 2023, 10:45 pm

SALT LAKE CITY — The prosecution’s DNA testing of evidence samples in the Lori Vallow Daybell and Chad Daybell case has been put on hold after a motion was filed by the defense.

That was decided during a court hearing in Idaho on Wednesday.

The couple faces charges of conspiring to conceal evidence in the deaths of JJ Vallow and Tylee Ryan, with Chad facing additional charges of concealment and destruction of evidence.

“This is a hearing on the defendant’s motions to oppose the use of and motion to preserve DNA samples,” said Judge Steven Boyce.

Judge Steven Boyce agreed to hit pause on prosecutors testing DNA evidence until they can reach an agreement with the defense.

“With the proviso, the state would agree to refrain at this time from any consumptive testing of any evidence in its custody at this time,” said Boyce. “In other words, any testing that would completely consume the evidence, leaving it unavailable for examination by the defense.”

Chad Daybell and Lori Vallow Daybell’s attorneys’ filed a motion to keep half of the DNA in all samples in order to conduct their own analysis, among other things.

“The Defendant is requesting the following: That the court order the State to not pursue any testing on remaining DNA samples until such time as the defense can obtain half of all samples to allow defense to perform their own DNA testing of all samples. That the court order the State to provide all records, reports, documentation related to the testing that has been performed to date,” Daybell’s attorney John Prior wrote in his motion.

“When a test is done by a crime lab, it destroys part of the sample, and some of the samples are apparently so small that there may not be enough for the defense to do their own analysis and testing,” said Greg Skordas, criminal defense attorney and former Salt Lake County prosecutor.

Skordas, though not connected to the case, has followed it closely. He considered the move by the defense, while permissible, unusual.

“I think it’s unusual that the defense is going to such lengths to have their own tests done because it implies that the State Crime Lab is not competent and there is no evidence of that,” he said.

In court filings, Special Prosecutor for the state Rob Wood responded that they were willing to work with the defense, but that for some samples, there may not be enough DNA to produce two testing samples.

That includes debris found on tools seized from Chad Daybell’s property where the children’s bodies were found and a possible blood sample from an apartment. It is not clear which apartment, but Lori Vallow and her brother Alex Cox had townhomes in the same complex.

“On April 12, 2021, the State received the results of DNA analysis of debris found on tools that were seized from Chad Daybell’s property. The State also learned that some samples obtained from the examined items were possibly suitable for DNA analysis but that those samples were of such size and quantity that the testing process itself would consume the entirety of the sample(s). On April 18, 2021 the State received another report from the State Lab regarding a possible blood sample from an apartment that would require consumptive testing to test the DNA,” Wood wrote in response to the Defense’s motion.

“Most likely, they’re trying to see if either of the children’s DNA are on the tools that they found, because that would be very compelling if one of the children’s blood is on the tools,” said Skordas. “Maybe one of the tools is a murder weapon or a device used to dig a hole.”

It appears the judge was also waiting on additional information from the state forensics lab, which has been facing longer turn around times due to the coronavirus pandemic.

One of the possible solutions was to have the defense’s experts be present when the DNA tests are done.

KSL 5 TV Live

Lori Vallow & Chad Daybell

Chad Daybell and his attorney, John Prior, appear in a hearing on Oct. 29, 2020...

Josh Ellis

Idaho court denies motion from Chad Daybell’s lawyer to leave case

An Idaho judge on Thursday ruled that John Prior, Chad Daybell's lawyer, will continue to represent Daybell in the case.

2 months ago

Chad Daybell and his attorney, John Prior, appear in a hearing on Oct. 29, 2020...

Michael Houck

Chad Daybell’s attorney files to withdraw from case due to lack of funds

The attorney representing Chad Daybell has filed to withdraw from the upcoming murder case Friday.

3 months ago

A judge has ordered the remains of Joshua "JJ" Vallow to be turned over to his family members. The ...

Larry D. Curtis

Murder victim Tylee Ryan’s remains to be returned to family

The remains of teen murder victim Tylee Ryan will be released to her family, an Idaho judge ruled Thursday.

3 months ago

FILE — Chad Daybell watches during Lori Vallow's extradition hearing in Hawaii on Feb. 21, 2020....

Larry D. Curtis

Idaho court denies Chad Daybell’s motions to strike death penalty

An Idaho court has denied Chad Guy Daybell's motions to strike the death penalty in his murder trial scheduled for 2024.

3 months ago

Lori Vallow Daybell sits during her sentencing hearing at the Fremont County Courthouse in St. Anth...

Associated Press

Lori Vallow pleads not guilty to Arizona murder conspiracy charges

Lori Vallow Daybell pleaded not guilty to Arizona charges of conspiring to kill her estranged husband and her niece’s ex-husband.

4 months ago

Mug shot from prison...

Eliza Pace and Garna Mejia

Lori Vallow Daybell moved from Idaho prison to Arizona prison to face other charges

Convicted killer, Lori Vallow Daybell is no longer in the Pocatello Women's Correctional Center and now sits in an Arizona Jail.

4 months ago

Sponsored Articles

Women hold card for scanning key card to access Photocopier Security system concept...

Les Olson

Why Printer Security Should Be Top of Mind for Your Business

Connected printers have vulnerable endpoints that are an easy target for cyber thieves. Protect your business with these tips.

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light Up Your Home With These Top Lighting Trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for Hassle-Free Computer Repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Close up of finger on keyboard button with number 11 logo...

PC Laptops

7 Reasons Why You Should Upgrade Your Laptop to Windows 11

Explore the benefits of upgrading to Windows 11 for a smoother, more secure, and feature-packed computing experience.

Stylish room interior with beautiful Christmas tree and decorative fireplace...

Lighting Design

Create a Festive Home with Our Easy-to-Follow Holiday Prep Guide

Get ready for festive celebrations! Discover expert tips to prepare your home for the holidays, creating a warm and welcoming atmosphere for unforgettable moments.

Battery low message on mobile device screen. Internet and technology concept...

PC Laptops

9 Tips to Get More Power Out of Your Laptop Battery

Get more power out of your laptop battery and help it last longer by implementing some of these tips from our guide.

Judge Puts Hold On DNA Testing Of Evidence In Daybell Case