Murder defendant Lori Vallow intended for her children and for Tammy Daybell to be murdered, prosecutors said in recent court documents.
Prosecutors Rob Wood and Lindsey Blake made the statement in a Thursday filing where they disputed Vallow’s claim she had nothing to do with the deaths of her children, J.J. Vallow, 7, and Tylee Ryan, 16; or that of Tammy Daybell, the wife of Chad Daybell.
In the filing, prosecutors Wood and Blake wrote that Vallow intended to murder Tylee and J.J. and Tammy Daybell. In the filing, the prosecutors refer to Chad Daybell as Vallow’s “boyfriend” at the time of Tammy Daybell’s killing.
“In the case before the court, the Defendant has been indicted with pre-meditated murder and conspiracy to commit murder,” they wrote in their response. “Both of these crimes differ from felony murder in that they require the state to prove that the defendant intended for her victims to die. 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.”
The children were reported missing in September 2019, and their bodies found June 9, 2020, on Daybell’s property in Salem. He was arrested shortly after the children’s remains were discovered.
Daybell and Vallow were married Nov. 5, 2019, two weeks after Tammy Daybell died suddenly on Oct. 19, 2019, at the home she shared with Daybell and their younger children.
Last week, Vallow, through her attorneys, Jim Archibald and John Thomas, filed court documents stating that she had an alibi at the time of J.J.’s and Tylee’s deaths.
“Lori Vallow was in her own apartment in Rexburg, Idaho, when J.J. Vallow and Tylee Ryan died in the apartment of Alex Cox in Rexburg, Idaho,” they wrote. “Defendant was with Melanie Gibb, David Warwick, and/or Chad Daybell.”
In the filings, Vallow also said she was in Hawaii when Tammy Daybell was murdered.
“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 Barattier,” Archibald and Thomas wrote.
Prosecutors countered Vallow’s recent claim that the death penalty is meant for only the most horrific murders. Prosecutors cited a Georgia case where the death penalty is reserved for such murders.
“The death penalty is reserved for crimes that are ‘so grievous an affront to humanity that the only adequate response may be the penalty of death,’” they wrote. “The state concurs with these statements, and for this reason, has filed a notice of intent to seek the death penalty in the case before the court.”
The facts of the case are both egregious and heinous, prosecutors wrote.
“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,” they wrote. “The defendant has failed to provide any authority whatsoever which would allow this court to apply rulings regarding felony murder to conspiracy to murder or first-degree murder.”
J.J.’s body was found intact, bound with duct tape and placed inside a trash bag buried on Daybell’s property. Not far from where J.J. was found, Tylee’s dismembered and burned remains also were located.
Vallow allegedly told a friend that she knew where J.J. was, and that he was happy. Despite that, she repeatedly declined to tell police where he and his sister could be found.
The prosecutors also responded to a motion filed by Archibald and Thomas to allow Vallow to meet in person with Daybell.
“The state has serious reservations about allowing the codefendants to have face-to-face, or other communication directly with each other,” the prosecutors wrote. “While the state recognizes that the defendants may communicate through their counsel, and also may strategize together through their attorneys, which the state would not be a party to or have input on; there is no inherent right or privilege for the defendants to have direct communication.”
While prosecutors noted that Vallow and Daybell agreed not to use information obtained during meetings for evidence, the state isn’t willing to make a similar agreement. Agreeing to such would make defendants “potential witnesses of statements made by the other defendant and eliminate any claim to attorney/client privilege,” the filing stated.
Vallow was arrested in Hawaii in January 2020 and taken to the Madison County Jail where she remains. Both she and Daybell are scheduled to meet with Seventh District Court Judge Steven Boyce on Thursday at the Fremont County Courthouse.