BOISE, Idaho — Attorneys for Lori Vallow Daybell and the state offered competing arguments before the Idaho Supreme Court on Monday over whether the removal of her chosen attorney violated her constitutional rights.
Vallow Daybell is seeking to overturn her convictions in the deaths of her two children, Joshua “JJ” Vallow and Tylee Ryan, and for conspiring to murder Tammy Daybell, the former wife of her husband, Chad Daybell.
Lori Daybell asks court to reverse conviction for Idaho murders, claiming her rights were violated:
Much of the hearing focused on the decision to disqualify her former attorney, Mark Means, over a conflict of interest involving his representation of Chad Daybell.
The defense argued that the conflict was not sufficiently established and that removing Means violated Vallow Daybell’s Sixth Amendment right to counsel of her choice. Her attorney acknowledged that some of Means’ conduct was unorthodox but argued that did not justify his removal.
The state defended the decision, arguing that the lower court had established that Means represented both defendants in the murder case.
An attorney from the Idaho attorney general’s office pointed to statements from Means and Chad Daybell, including a jail call in which Daybell identified Means as his attorney. The state also cited Daybell’s payment of Vallow Daybell’s legal fees and his call to Means when investigators searched his property and found the children’s remains.
Justices questioned both sides about the procedures used to remove Means and the judge’s responsibility to protect Vallow Daybell’s rights. One justice described Means as a “loose cannon,” questioning what responsibility a judge has when an attorney’s conduct could harm a defendant.
The discussion also addressed Means’ lack of qualifications to serve as counsel in a death penalty case. Vallow Daybell faced the death penalty at that stage of the proceedings.
During rebuttal, the defense maintained that the procedures were unconstitutional, rather than simply unconventional.
Vallow Daybell did not attend the hearing.