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Idaho prosecutor plans to file conspiracy to commit murder charges against Lori Vallow, Chad Daybell

A new court recording came to light in a hearing for a motion to disqualify the prosecutor in the case. The death penalty is also brought up in the recording.

FREMONT COUNTY, Idaho — A recording played in a court hearing Wednesday morning in Idaho reveals prosecutor Rob Wood telling a witness that the state plans to file conspiracy to commit murder charges against Lori Vallow Daybell and her husband Chad Daybell.

Both Chad and Lori are in custody in Idaho after investigators found the bodies of Lori's children Tylee and JJ buried in Chad's backyard back in June 2020.  

Here is the latest in the case:

The children disappeared in September 2019 after Lori moved them from Arizona to Idaho.

The recording came to light in a hearing for a motion to disqualify Wood as prosecutor in the case.  

Chad and Lori's attorneys accused Wood of misconduct after hearing a recorded conversation between Wood and Lori Vallow Daybell's sister, Summer Shiflet. In court filings, Wood objects to the allegations of misconduct.

Shiflet's Arizona-based attorney, Garrett Smith, testified he was "bothered by" the conversation and contacted Lori's attorney.  

Smith said he used his phone to record the conversation in which he thought was a "meet and greet" between Lori's sister and Wood before she met with investigators at Chandler Police.

In the first minute of the recording, Wood tells Shiflet he plans to file new charges against Chad and Lori.

"We are going to be filing conspiracy to commit murder charges against both Chad and Lori," he tells her. 

"We have enough evidence to prosecute him and we are. The case against your sister is stronger."

Those charges have not been filed as of Wednesday night. Chad and Lori are both currently facing conspiracy to conceal or destroy evidence charges. 

Wood goes on to talk with Shiflet about the case in the recording. He brings up Lori's relationship with Chad Daybell.

"I’m not going to say he’s highly intelligent," Wood says of Chad Daybell. "But you don’t have to be highly intelligent to be highly manipulative."

Smith also testifies he agrees that some of Wood's remarks were "disparaging" Chad Daybell and Lori's attorney Mark Means. 

"Once we file further charges, she will be appointed counsel who will know what they’re doing and our goal is to put together such a case that they’re smart enough to say it’s going to be better to talk," Wood tells Shiflet.

He tells Shiflet, in regards to Lori, "your sister truly believes everything she's done is done in righteousness." Wood tells Shiflet he is a member of the LDS church and that the crime(s) that were committed had "no basis in the LDS faith."

Chad's attorney argues bringing up religion is inappropriate and could influence Shiflet to favor the state. Wood's attorney objected to some of the questioning about this matter.

"I don’t take any joy in doing anything that’s going to harm her," Shiflet tells Wood. "I don’t take joy in her spending her life in prison. There’s nothing - it hurts to think about her being in there."

Shiflet also asks Wood for an update on Tylee's autopsy. As of Wednesday evening, no autopsy information has been released on Tylee Ryan or JJ Vallow.  

Wood tells Shiflet they may never know Tylee's cause of death because of the "destruction" to her body.

"We hope we’ll find out," Wood says. "We may not."

In the recording, Shiflet also asks about the death penalty. Wood tells her he doesn't want to pursue it but it's not a decision that's been made yet. 

"We really don’t want to," Wood tells Shiflet. "I can tell you that from the bottom of my heart."

After the recording plays out, Smith says he found the conversation to be "awkward and unprofessional."

Two more witnesses were called for expert testimony on their analysis of the recording between Wood and Shiflet.

The hearing will continue Friday when a judge should make a decision on the motion to disqualify Wood as prosecutor.

The hearing for the motion to disqualify Wood as prosecutor is ongoing. Please check back for updates. 

Catch up on the Lori Vallow case with our 12 News YouTube channel.