#eastidahonews #daybell #chaddaybell

ST. ANTHONY -- A judge has found there are "extraordinary circumstances" in Chad Daybell's case and granted his appellate attorneys request for more time in filing for post-conviction relief.

During a hearing Wednesday morning, Judge Steven Boyce heard argument from Ian Thomson, one of Daybell's three Idaho appellate public defenders. The judge denied a request to allow video or still photographers in the courtroom and the hearing was not livestreamed on his YouTube channel.

Daybell said nothing during the hearing as he appeared via Zoom from the Idaho Maximum Security Institution in Boise wearing a dark green jumpsuit.

Thomas listed multiple reasons why more time is needed to effectively file for post-conviction relief, which is a process wherein a defendant asks the court to vacate or modify a judgment of conviction, or to reduce or modify a sentence.

"We are clearly committed to Mr. Daybell and giving him the very best representation we can," Thomson said. "We also know the restraints under which we operate and we are going to do our best to meet both."

In death penalty cases in Idaho, a motion for post-conviction relief must be filed within 42 days of someone receiving their sentence. Hearings and a ruling from a judge must then be complete within 90 days, meaning post-conviction relief in Daybell's case had to be wrapped up by Oct. 15.

Thomson noted the enormous amount of evidence his team needs to go through, including 16,800 pages of trial transcripts and 12,700 gigabytes (18,000 CDs) of other information. His office is also handling seven other death penalty cases and the attorneys have been working with Daybell less than three months.

"We came across some information just a few days from the trial that dramatically changes our framing of the issue in regard to mitigation. As we go further into the case, we expect different insights to emerge," Thomson said. "More than any other case in the last 26 years, this case presents the facts that there are extraordinary circumstances. Mr. Daybell has a statutory right to counsel in post conviction and that comes with a constitutional right of effective assistance of counsel. Without additional time, we are not going to be able to represent Mr. Daybell effectively."

Fremont County Prosecuting Attorney Lindsey Blake acknowledged the massive amount of discovery, witness testimony, evidence and information from Daybell's case. She did not oppose the motion for additional time but said it should not be longer than necessary.

"While it appears the 90 days would need to be extended, I don’t think the extension would be indefinite," Blake said. "It was a lengthy trial with multiple pre-trial proceedings leading up to the trial. We recognize counsel needs an opportunity to review the items from this matter."

The Idaho Supreme Court must approve Boyce's ruling for the post-conviction relief proceedings to be continued. Assuming that happens, Boyce said he will then set up a scheduling conference to keep the case moving forward.

"This case does have a showing of extraordinary circumstances that would make it impossible for this post-conviction petition to be fully completed by Oct. 15," Boyce said.

A jury sentenced Daybell to death in June following an eight week trial in Ada County. He was found guilty of murdering his first wife, Tammy Daybell, and two children – Joshua “JJ” Vallow and Tylee Ryan – belonging to his current wife, Lori Vallow Daybell. Vallow Daybell is serving a life sentence for the same crimes.


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