BOISE, Idaho — A jury is in place and Lori Vallow Daybell is getting her day in court.
After more than three years of building its case against Vallow Daybell, the prosecution will start with opening statements Monday morning in her murder trial.
Vallow Daybell is accused of killing her children, Tylee and J.J., who used to live in Arizona.
She's charged with murder in their deaths along with several other felony charges. Her husband, Chad Daybell, is facing similar charges. He will be tried separately. His new trial date hasn't been set yet.
Based on court records, prosecutors are expected to lay out evidence that shows Vallow Daybell conspired with Daybell and her brother Alex Cox to kill her children based on dark religious beliefs taught by Daybell.
Cox died at his home in Gilbert before charges were filed against Vallow Daybell and Daybell in this case.
The timeline
- July 2019 - Police said Vallow Daybell's fourth husband, Charles Vallow, is killed outside his home in Chandler by Vallow Daybell's brother, Alex Cox. As of 2022, Vallow Daybell faces a conspiracy charge in Charles Vallow's death in Maricopa County.
- September 2019 - Investigative records indicate Lori Vallow Daybell moved from Arizona to Idaho with her children Tylee and J.J. at the beginning of the month. Both kids were last seen in mid-to-late September.
- October 2019 - Tammy Daybell, Chad Daybell's wife, is found dead at the family's home in Idaho.
- November 2019 - Chad and Lori Vallow Daybell get married in Hawaii. Authorities first do a welfare check for Tylee and J.J. after relatives start getting concerned.
- December 2019 - Authorities announce Tylee and J.J. are missing. Alex Cox dies at his home in Gilbert, Arizona.
- February 2019 - Vallow Daybell is arrested in Hawaii for failing to produce her kids in court.
- March 2020 - Vallow Daybell is extradited to Idaho and arraigned in court. She's been in custody in Idaho ever since.
- June 2020 - Bodies of Tylee and J.J. are found in Chad Daybell's backyard in Idaho. Daybell is taken into custody, where he's been ever since.
- May 2021 - Chad and Lori Vallow Daybell are indicted for the murders of Tylee and J.J. Chad Daybell is also charged with the murder of his first wife Tammy Daybell. Both are facing several other felony charges stemming from the investigation. Later that month, Vallow Daybell's part of the case was put on pause as she underwent a months-long mental health evaluation at Idaho's Department of Health and Welfare.
- April 2022 - Lori Vallow Daybell is deemed "competent" for trial after mental health evaluation according to the judge's ruling.
- October 2022 - Lori Vallow Daybell's case is paused again for a mental health check.
- November 2022 - Judge finds Lori Vallow Daybell is fit to proceed with the trial.
- March 2023 - Judge grants motion to try Vallow Daybell and Daybell separately
Weekslong trial
"It’s an advantage to the defense," said Dave Leroy, referring to the separation of Chad and Lori's trials. "It's a disadvantage to the lawyers who will be tired out, I’m sure, by the second trial. And it’s a disadvantage to the taxpayers of course."
Leroy is Idaho’s former Attorney General and a longtime criminal defense attorney. He isn't involved in the case, but he's been following all the twists and turns.
"A horrific case," he added.
Vallow Daybell's defense team has the option to present its opening statement after the prosecution finishes its opening statements or after the prosecution has presented all of its evidence.
Evidence presentation for this case is expected to take six to eight weeks. Jury selection started on April 3 and wrapped up after five days on April 7. Vallow Daybell was in the courtroom with her defense team for the jury selection process.
We'll likely learn Monday when Vallow Daybell's defense team will decide to outline its case. It's not clear exactly what her defense will say, but her attorney did file a Notice of Alibi last year which claimed she was with friends and Daybell while her kids died in her late brother Alex’s apartment.
"He's a significant figure," Leroy stated.
Vallow Daybell's case was delayed twice after she was deemed incompetent for trial, but a judge ruled that competency has since been restored. Leroy speculates that mental health will likely be discussed in evidence, but in court records, Vallow Daybell's attorney said he wouldn't seek a mental health defense. Idaho doesn’t allow an insanity defense.
"A lack of mental health is not a defense in this case to these crimes," Leroy stated.
It's also not clear yet whether Vallow Daybell will take the stand and testify in her trial. Her attorney entered not-guilty pleas for her on all of the charges she's facing.
Full coverage
12News has full coverage of the Vallow Daybell case.