Chad Daybell’s defense attorney’s motion to withdraw from case denied by judge

Fremont County, Idaho (KMVT/KSVT) — Chad Daybell and his defense attorney John Prior were back in an eastern Idaho courtroom Thursday morning for a motion hearing in front of 7th Judicial District Judge Steven W. Boyce.

The Motion to Withdraw which was filed by Prior, was asking the courts to allow Prior to withdraw as Chad Daybell’s attorney, his reason was Daybell’s inability to pay for his legal fees, and the court not appointing another attorney to help Prior.

According to the motion, Daybell is requesting two capitol certified attorneys as required by Idaho law since Daybell is indigent and because he is facing the death penalty on three first-degree murder charges related to the death of his current wife’s two children, J.J. Vallow and Tylee Ryan, and Daybell’s former wife Tammy Daybell.

In court when arguing why he filed the motion, Prior gave conflicting information about why he wants off the case.

“I want to state to the court I don’t desire to get out of this case, I want to stay on this case and regardless of Mr. Daybell’s financial situation I want to stay on this case.” Prior said. “I could care less about the money. Mr. Daybell wants me to stay on this case.”

Boyce responded, “Well, that’s not really what your motion says Mr. Prior.”

Boyce questioned Prior further about what was written in the motion; he also asked if Prior is prepared to go to trial just a few months away.

“What I’m trying to determine is do you want to withdraw because you are not being paid enough to continue through trial? Or are you seeking to withdraw because you are simply not going to be prepared and ready for trial?” asked Boyce.

Fremont County Prosecutor Lindsey Blake argued on behalf of the state, who is against the removal of Prior as Daybell’s private legal defense attorney. She spoke about the conflicts between the motion, and what was stated in court by the defense. She mentioned the possibility that this was a way to delay the trial for more time by Prior, and she talked about the impact that another delay would create.

“The real question for the state is can Mr. Prior be effective at trial? The state doesn’t want to redo a trial. We don’t want to get through trail and then have an appellate issue that requires us to do that again.” Blake said. “While the state is extremely frustrated this is being filed so late and we are frustrated this is being filed so late and we are frustrated for the citizens, we are frustrated for the victims in this case. If this motion is granted the state fully recognizes it is going to cause a pretty significant delay and now the victims’ families have to wait that much longer.”

Judge Boyce also talked about the impact of removing Prior; he said appointing two new qualified capitol defense attorneys could set the case back a year or more, and starting from scratch would be difficult for Daybell.

He then read through all the scenarios of possible rulings, but first Boyce read back a quote from John Prior in a hearing nearly a year ago discussing this exact scenario.

“Quote there’s going to be no continuance because I’m asking to get out of this case that will not happen, and the courts relied all along on those representations in getting this case scheduled.”

Boyce continued, “So, in balancing all of that out and looking at whether or not good cause has been demonstrated today I do not find that there is good cause for withdrawal of council and so under criminal rule 44.1 upon consideration of that standard the court is going to deny the motion to withdraw.” said Boyce.

With the denial, it means that John Prior must represent Daybell, even though he will not be paid by either Daybell or the State of Idaho.

The trial is set to take place in Ada County beginning April 1st of this year.

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