Lori Vallow Daybell claimed her constitutional right to a speedy trial was violated and requested the case against her be dismissed in a court filing on Thursday.
Vallow’s attorneys argued in the motion that the government violated Idaho state law which says a criminal case must be dismissed if a defendant is not brought to trial within six months of arraignment. That is unless the judge determines there was good cause for postponing trial.
Vallow, 49, along with her husband, Chad Daybell, is charged with first-degree murder for alleged involvement in the deaths of her children, JJ Vallow and Tylee Ryan.
Vallow was arrested on Feb. 20, 2020, and was indicted by a grand jury in May 2021. She was arraigned the next month.
The joint trial for Daybell and Vallow was originally scheduled for October 2022 but was postponed at the request of the prosecution. The trial was scheduled to start on Jan. 9 until it was delayed again at the request of Chad Daybell’s attorney. The trial is now set for April 3.
Last week, Judge Steven Boyce denied a motion from Chad Daybell’s defense to postpone the trial for another year saying co-defendant Vallow did not waive her right to a speedy trial. Daybell waived his right to a speedy trial in 2021.
According to the court filing, Vallow had spent 1,169 days in jail.
Judge Steven Boyce will hear the motion on Feb. 9.