With no jury present, judge and attorneys wrangle over instructions

May 10, 2023, 6:07 PM | Updated: 11:56 pm

BOISE, Idaho — The Ada County, Idaho, courtroom, which has been the site of the Lori Vallow Daybell murder trial for the past 26 days, held fewer people Wednesday. The jury was not present for the half-day of discussion between Judge Steven Boyce, prosecuting attorney Lindsey A. Blake and defense attorney Jim Archibald.

Lori Vallow Daybell, age 49, is on trial for the murder of her children. The bodies of 7-year-old JJ Vallow and 16-year-old Tylee Ryan were found buried when investigators searched Chad Daybell’s backyard in Rexburg, Idaho, on June 9, 202o.

Along with the murders of the children, Chad Daybell, age 54, is accused of the murder of his wife, Tammy Daybell. His trial has not been set.

Click here for complete coverage of the Lori Vallow Daybell trial

The defense and the prosecution both rested their cases this week — the defense doing so because, as they told Judge Boyce, they didn’t believe the prosecution proved their case.

Jury instructions in the Lori Vallow Daybell trial

There are 39 instructions that the jury will be given to consider, and on Wednesday, most of those instructions were reviewed by the judge and attorneys. The jury had the day off.

When the defense challenged a jury instruction, which it did several times, the challenge lay in the wording and whether the instruction led to simplifying an idea or concept for the jury. For example, the defense was concerned that the wording of an instruction may lead the jury to believe they had more options to convict Vallow Daybell than they actually do. Or that the wording may confuse a juror.

For the most part, the jury instructions were acceptable to all sides. One defense objection had to do with Instruction 19, which did not “accurately reflect how my client (Lori Vallow Daybell) was indicted by the grand jury,” Archibald said.

The issue had been brought up the day before and defined as a clerical error contained within the indictment but not the charging documents. The defense’s objection was overruled.

The defense also objected to the wording of Instruction 28. It could be solved, Archibald told the judge, by changing the word “and” to “and/or” in the instruction.

The judge agreed to amend this instruction slightly.

Closing arguments are expected to begin Thursday morning.

KSL 5 TV Live

Lori Vallow Daybell Trial

Lori Vallow Daybell speaks at her sentencing hearing in a St. Anthony, Idaho, courtroom....

Larry D. Curtis

Lori Vallow Daybell files appeal on murder, conspiracy convictions

The law team for Lori Vallow Daybell — convicted of murdering her children — filed an appeal to her conviction with the Idaho Supreme Court.

27 days ago

Mug shot from prison...

Larry D. Curtis and Ladd Egan

After Lori Vallow Daybell’s sentencing, her sister breaks silence

The sister of convicted murder, Lori Vallow Daybell, broke her silence and shared an emotional tribute to her niece and nephew.

2 months ago

Lori Vallow Daybell on July 31, 2023 during her sentencing hearing for murder and conspiracy to com...

Eliza Pace

Lori Vallow Daybell sentenced to life in prison without parole

Lori Vallow Daybell sentenced to life in prison without parole for the murders of JJ Vallow and Tylee Ryan and conspiring to kill Tammy Daybell.

2 months ago

Lori Vallow Daybell speaks at her sentencing hearing in a St. Anthony, Idaho, courtroom....

Josh Ellis

Lori Vallow Daybell speaks during sentencing hearing

WATCH: Lori Vallow Daybell speaks publicly for the first time since being convicted of murdering her youngest children.

2 months ago

Vallow motion denied...

Josh Ellis

WATCH: Lori Vallow Daybell sentencing hearing

Lori Vallow Daybell faces up to life in prison without parole as she is sentenced for the murders of her two youngest children, JJ Vallow and Tylee Ryan, and conspiring to kill Tammy Daybell, her fifth husband’s previous wife.

2 months ago

Follow @KSL5TVLike us on Facebook...

Lauren Steinbrecher

Lori Vallow Daybell sentencing: Here’s what’s expected to happen

With the sentencing for Lori Vallow Daybell starting on Monday, what will happen in court? And will Vallow Daybell, who up until now has been silent about the murders of her two children and husband's late wife, speak at the hearing?

2 months ago

Sponsored Articles

Design mockup half in white and half in color of luxury house interior with open plan living room a...

Lighting Design

Lighting Design 101: Learn the Basics

These lighting design basics will help you when designing your home, so you can meet both practical and aesthetic needs.

an antler with large horns int he wilderness...

Three Bear Lodge

Yellowstone in the Fall: A Wildlife Spectacle Worth Witnessing

While most people travel to this park in the summer, late fall in Yellowstone provides a wealth of highlights to make a memorable experience.

a diverse group of students raising their hands in a classroom...

Little Orchard Preschool

6 Benefits of Preschool for Kids

Some of the benefits of preschool for kids include developing independence, curiosity, and learning more about the world.

rodeo contestant on a saddle bronc...


Get Ready for the Days of ‘47 Rodeo!

The Days of '47 Rodeo is a series of events everyone in the family can enjoy, with world-class rodeo contestants vying for the gold medal.

Electric LED Lightbulb Change In Light At Home...

Lighting Design

How to Know When to Upgrade Your Lighting

This guide explores indicators that suggest it’s time for a lighting upgrade with tips to make an informed decision when you’re ready to buy. 

Brunette guy in headphones playing games on his desktop computer...

PC Laptops

Looking For a New Computer? Use This Desktop Buying Guide

Choosing a new desktop computer can come with a lot of questions, so we created this desktop buying guide.

With no jury present, judge and attorneys wrangle over instructions