Lawyer says Lori Daybell was manipulated by clinician, motions to disqualify Idaho from her mental health care

Oct 29, 2021, 2:09 PM | Updated: 4:22 pm

Lori Daybell appears in court in Idaho....

Lori Daybell appears in court in Idaho.

Lori Vallow Daybell was manipulated by an Idaho clinician according to her defense attorney who filed motions for her removal from Idaho’s state mental health care and for criminal depositions of the prosecution.

Mark L. Means filed a motions in Idaho court with questions about what he called “unethical and possible illegal activity, discussions, disclosures, and manipulation of the incompetent Defendant.”

The questions arose after a conversation he had with Daybell on Oct. 15 about conversations she allegedly had with an Idaho clinician. Daybell was found unfit to stand trial in May and has been committed to state mental health care and it is in that care where she was manipulated, according documents filed in Idaho’s Seventh District Court in Fremont County. They allege she had a conversation advising her to seek out-of-state legal assistance while watching a hearing for her husband, Chad Daybell. Both Daybells are accused of murder.

In the conversation the documents allege Lori Daybell was advised by the clinician to contact a law firm that represents The Church of Jesus Christ of Latter-day Saints for legal counsel instead of the Idaho state-appointed attorneys. The documents state:

“(The clinician) took the “recommendation” further and then provided Defendant with the direct telephone number to contact LDS church counsel and issued an “order” that this was part of the Defendant’s “homework” for her treatment.”

The clinician later checked in with Vallow to see if the tasks were complete and told Vallow it was a “good idea” to call the “LDS Corporation.” Later a phone number was provided.

“Defendant was forced and or manipulated by those in positions of authority and control of her incarceration i.e., every move, actions, inactions, treatment and the like,” the court document states.

Fremont County Prosecuting Attorney Lindsey Blake and Madison County Prosecuting Attorney Rob Wood released a statement on the motions. It said:

“The State will continue to focus on pursuing justice on behalf of the victims. We will address  the unfounded  claims by one of Ms. Daybell’s defense attorneys in a court of law — not in the media.

“Filings of this nature are traditionally sealed and handled in confidential proceedings. Litigating such matters publicly can compromise both parties’ right to fair trial and compromise various individuals’ rights to privacy. The mental health issues and investigations are not suited for the court of public opinion.”

The court motion also says the Daybell called Church headquarters and was transferred to an attorney. It states that during the conversation Daybell made disclosures she would not have made without assurances from the attorney. It states that he failed to state that he was not licensed in Idaho as an attorney and that the conversation would not be protected by attorney-client privilege. It also says the attorney said he would “get back to her” but instead called the prosecution in Idaho.

On Thursday the law firm of Kirton McConkie released a statement:

On October 6, 2021, Kirton McConkie received an unsolicited call from Lori Daybell seeking assistance. Kirton McConkie informed Mrs. Daybell that it could not provide advice or representation and directed her to the State Bar of Idaho or the court if she needed assistance in finding an attorney. Subsequent calls with her counsel and the prosecutor confirmed the unsolicited contact.

The motions filed motion for:

  1. Disclosure of all communications between the law firm, the Church and Idaho prosecutors
  2. Criminal depositions of the prosecution, the clinician
  3. Out-of-state subpoena for the Kirton McConkie lawyer and anyone else privy to their conversation
  4. Disqualification for the Idaho Department of Health and Welfare for treatment of involvement with Daybell

It also objects to any attempt to seal the matter. The documents are below.

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Lawyer says Lori Daybell was manipulated by clinician, motions to disqualify Idaho from her mental health care