ST. ANTHONY — Seventh District Judge Steven Boyce severed the trial of Chad Daybell and Lori Vallow during a hearing to discuss the issue on Thursday.

Daybell's case will be continued for the foreseeable future while Vallow's trial will be held as originally scheduled on April 3 in Ada County.

Boyce said it will be expensive for Fremont County to run the two separate trials, but severing the two cases is necessary.

"It's disappointing," he said. "It's an increase in costs for the county (to) require two full separate trials, but I have to balance these rights of these defendants in this case."

Recently discovered DNA evidence at the Idaho State Police Forensic Services Laboratory caused Daybell's attorney, John Prior, to ask for more time to review the lab results.

The DNA was found on short hair strands found at the crime scene. Both the defense and prosecution had the hair samples tested again at another lab in the eastern United States. The results were returned to the court Tuesday.

Prior and his DNA experts need time to review the results, Boyce said.

"It would unfairly prejudice Mr. Daybell's rights to go to trial with this new discovery evidence. (It's) the only option I see," he said. "The renewed motion to sever is granted and the court will sever the trials."

Two trials will double the cost of the original trial estimated to cost $700,000 and to be held in Ada County. It will mean moving the prosecution, defense teams, sheriff 's deputies and other court personnel to Ada County twice. Witnesses also will be required to take the stand again to testify in a second trial.

Daybell and Vallow are charged in the murders of Vallow's children J.J. Vallow, 7, and Tylee Ryan, 16. Daybell also faces charges in the death of his first wife Tammy Daybell. Vallow and her attorney, Jim Archibald, met in person before Boyce while Prior and Daybell met with the court via Zoom at the Fremont County Courthouse.

The defense teams had complained that the state had withheld the new DNA evidence until recently. The prosecution vehemently denied having done so and has said repeatedly that all the evidence it has was given to the defense teams.

Prior has asked on three separate occasions to have the cases severed. He's repeatedly insisted that Daybell would have a better chance at having a fair trial if tried separately from his wife.

During previous hearings, Prior complained that he didn't have enough time to review recent DNA testing. Such testing could be exculpatory or to be found in Daybell's favor, he said.

"I have a right to test brand new DNA evidence," he said. "I have the right to test and question this most recent report. I can't overemphasize the significance of what this information means. I think it's imperative the court provide me the opportunity to do that."

Boyce noted that Vallow has insisted on her right to a speedy trial, and, with it approaching nearly a year since her indictment was handed down, her trial needs to proceed, Boyce said.

"If I force a continuance for her, then I have to violate Mrs. Vallow's (right) to have speedy trial," Boyce said. "I don't believe that a further continuance at this late date would withstand a challenge on a constitutional basis, the asserted right to a speedy trial given the unique circumstances of this trial."

Boyce said he relied on several factors in making his decision, one of which was Vallow's insistence on a speedy trial.

"She's never equivocated on that," he said.

Archibald said his client has never waived her right to a speedy trial.

"I have to respect that constitutional autonomy that she has." he said.

The amount of evidence recently revealed is a challenge, Archibald said.

"It's pretty ridiculous really," he said. "Witness interviews from the FBI from 2020, and I just get it now? I'm just really disappointed."

Prosecutor Lindsey Blake agreed the Daybell and Vallow cases have resulted in a voluminous amount of information.

"I would reiterate, there is a massive amount of discovery and evidence in this case," she said. "The bulk of the discovery has been turned over at the onset of the case. The state has gone back through to make sure we have turned everything over. Much of what the state has turned over is above and beyond what's required."

Boyce noted that Vallow and Daybell face capital charges, meaning the death penalty.

"As far as I know, they (the defense) gets all of the evidence — not the bulk of the evidence," he said. "This latest is voluminous."

Vallow was arrested in February 2020 in Hawaii and later transported to Madison County, where she was charged with child abandonment. After Vallow was charged in the murders of her children, the child abandonment charges were dropped. In June 2020, Daybell was arrested and taken into custody at the Fremont County Jail.

Shortly after being arrested Daybell, waived his right to a speedy trial. Boyce said that because the recent DNA discovered created too much speculation, Daybell's trial would be continued.

"In a capital case, there are extra precautions to ensure the right to a fair trial," Boyce said. "It (evidence) has been discovered before trial, in consideration, I'm determining a severance and allow a continuance. (This is) not a decision I've reached easily."

Blake asked if Vallow wanted to explore the additional DNA findings and wondered if she was "choosing a speedy trial over her ability to test (DNA)."

Archibald declined to answer the state's question for his client.