Lori Vallow's version of events related to her children's murders will "differ greatly" from husband Chad Daybell's, according to Daybell's attorney.
The pair at the center of multiple murder cases involving not only Vallow's two children, but both Daybell's and Vallow's deceased ex-spouses, was scheduled to appear in court together on Jan. 9 for a joint trial, but those trials were delayed as Vallow's competency is evaluated and Daybell makes efforts to sever their cases, according to court filings in Fremont County, Idaho.
"Our version of the facts of this case will differ greatly from what Ms. Vallow and her legal counsel are going to be presenting," John Prior, Daybell's attorney, said during a Nov. 10 court proceeding, according to EastIdahoNews.com. "Our defense is diametrically different than Ms. Vallow’s, and the cases need to be separated."
Daybell initially filed a motion to separate his case from his wife's in 2021, which the court denied in March citing three potential sources for prejudice. The murder suspects' lawyers argued that the court's reasoning was an incorrect application of Idaho law.
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His attorneys are arguing that a joint trial is unfair in this case because prosecutors are seeking the death penalty for Vallow, which may result in prejudice against Daybell. Additionally, his lawyers state that the defendant will not be able to present a "complete defense" in a joint trial, among other conflicts.
Prior added that "there is a significant amount of information in this case, and the result could be the defendant is put to death."
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"Given the severity of consequences, the courts and federal courts have made it a habit to sever capital cases," the attorney said.
Meanwhile, Fremont County Prosecuting Attorney Lindsey Blake described Daybell's motion to sever as a "last-ditch effort" that is "meant to be used when no other remedy is available" in court last week, according to EastIdahoNews.com.
She also argued in favor of a joint trial in terms of more efficient use of government resources, adding that evidence and witnesses in both trials will be similar "if not identical."
"This is set to be a 10-week trial. We are talking about a severance that would result in a total of 20-week trials between the two," she said, according to the outlet.
Vallow's two children, 7-year-old Joshua "J.J." Vallow and 17-year-old Tylee Ryan, were killed in September 2019. Vallow and Daybell have been accused of murdering the children and collecting Social Security benefits with their information between Oct. 1, 2019, and Jan. 22, 2020.
The children were missing for several months — when police say the couple lied about the children’s whereabouts and then slipped away to Hawaii — before their bodies were found buried on Chad Daybell's property in rural Idaho.
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The couple was indicted in late May 2021 on multiple counts each of conspiracy to commit first-degree murder and grand theft by deception, first-degree murder, and conspiracy to commit first-degree murder related to the deaths of Tylee; J.J.; and Chad Daybell's ex-wife, officials announced at the time. Arizona officials in June 2021 also indicted Vallow in the July 2019 murder of her ex-husband, Charles Vallow.
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The case has garnered national attention and inspired various crime television episodes, documentaries and so on. Netflix most recently released the documentary series "Sins of our Mother" about Vallow and her life before the alleged crimes on Sept. 14.
Daybell has written several apocalyptic novels based loosely on Mormon theology. Both were involved in a group that promotes preparedness for the biblical end times. Meanwhile, Vallow reportedly believed she was "a god assigned to carry out the work of the 144,000 at Christ’s second coming in July 2020," according to divorce documents that her late ex-husband, Charles Vallow, filed before his death.