Prosecutors are also very clear about the fact that they plan to seek the death penalty in the case if the judge sides with their motion and denies Vallow's request to prohibit execution.
Lori Vallow Daybell should face the death penalty if convicted of murder, prosecutors say in a new court filing submitted in the case.
"Contrary to the assertions of the Defendant, sufficient evidence existed for the Grand Jury to find probable cause that the Defendant intended for her children and Tammy Daybell to die. Further, there is sufficient evidence for a jury to conclude that the Defendant participated in the killing of her own children," reads the motion which is signed by both the Fremont County and Madison County prosecuting attorneys.
Prosecutors are also very clear about the fact that they plan to seek the death penalty if the judge sides with their motion and denies Vallow Daybell's request to prohibit execution.
"The facts of this case are egregious and heinous," says the motion. "The evidence the State will introduce at trial, some of which a grand jury has already reviewed, will establish that the Defendant intended for her children and her boyfriend’s wife to die, and that she affirmatively acted to make those deaths happen."
Objection to Defendants Motion to Declare Defendant not Death Eligible
This is just one of the motions submitted by prosecutors, who are also opposing Vallow Daybell's request to sequester the jury, in addition to dropping the death penalty.
Vallow Daybell argued that she is not eligible for the death penalty in one motion and declared the death penalty unconstitutional in a second motion.
Vallow Daybell spent the weeks before her arrest with Chad Daybell in Hawaii, while authorities searched for her missing children, 16-year-old Tylee and 7-year-old J.J.
The probable cause affidavit submitted in the case reveals that the bodies of the two children were located using the location of Cox's phone, which was traced to Daybell's property.
The probable cause affidavit also claims that soon after Cox left Daybell's property on the morning in question, Daybell allegedly texted his then-wife, Tammy, saying: "Well, I've had an interesting morning! I felt I should burn all of the limb debris by the fire pit before it got too soaked by the coming storms. While I did so, I spotted a big raccoon along the fence. I hurried and got my gun, and he was still walking along. I got close enough that one shot did the trick. He is now in our pet cemetery. Fun times!"
Cox is not able to provide testimony in the case, nor can he confirm Vallow Daybell's claim because he died of a blood clot soon after Vallow Daybell's children were reported missing. He had previously confessed to killing Vallow Daybell's husband Charles Vallow by shooting the man in what he claimed was self-defense.
Daybell's wife, Tammy, passed away around the same time the children went missing, and both Daybell and Vallow Daybell have also been charged in connection with her death. Daybell and Vallow Daybell have pleaded not guilty to all charges and denied all allegations of wrongdoing.
Vallow Daybell provided the court with an alibi for this crime as well, claiming in a court filing: "Lori Vallow was in Hawaii when Tammy Daybell died at the home of Chad Daybell in Salem, Idaho. Defendant was with Melani Boudreaux and/or Audrey Barattiero."
Vallow Daybell and Daybell's alleged beliefs were detailed in a 2021 probable cause affidavit filed by the Chandler Police Department in Arizona detailing Vallow Daybell's alleged involvement in her husband Charles' death.
"It was discovered that Lori Vallow believed she was an exalted Goddess and she and Chad were directed to lead 144,000 people in preparing for the end of the world," reads the affidavit.
It goes on to say: "It was discovered that Lori and Chad believed that they had extraordinary abilities. Some of these abilities included the power to teleport and cause harm to others, the ability to call up natural disasters, the ability to pray away demonic spirits attached to others and also visionary capabilities. Because of these abilities provided to them, they felt that they were qualified to tell whether someone had a 'light' or 'dark' scale associated with them. This scale would indicate whether or not they had demonic spirits attached to them."
Among those Vallow Daybell is alleged to have said had a "dark" scale were her ex-husband Charles, JJ, and Tylee, according to the affidavit.
Motion to Declare Defendant not Death Eligible
Vallow Daybell has also submitted a court filing requesting time with her husband and co-defendant.
"Come now the attorneys for the Defendant, and move this Court for an order to allow the defendant and her attorneys to meet with the co-defendant and his attorney in confidential joint settlement and strategy sessions," reads the request.
It also requests that nothing said between the parties at this meeting be admissible in court.
"With settlement proposals, mediation, motions and trial fast approaching, Lori and Chad would like to be able to talk together in person and on the phone about their options," says the request. "The attorneys for the parties will attend any in person meetings and phone conversations, but will not record the conversations and will not use the conversations as evidence."
A judge is set to on these myriad motions Thursday.
