Lori Vallow Update: Lawyers Want Court To Stop 'Nonsense' Death Penalty Against Client

The attorney for Lori Vallow has asked the court to stop prosecutors from seeking the death penalty if their client is found guilty of murder.

Vallow and her husband, Chad Daybell, were charged with several counts of first-degree murder and conspiracy to commit murder for the death of her two children, Tylee Ryan and Joshua "JJ" Vallow, and Daybell's first wife, Tammy Daybell.

During a Thursday hearing, Vallow's attorney Jim Archibald told District Judge Steven Boyce that it would be in the state's best interest for prosecutors to avoid seeking the death penalty.

"The appeals process will go on forever if the state receives its wish of the death penalty in this case," Archibald said.

"That is why I'm asking the court to stop this nonsense now and declare Idaho's capital punishment scheme unconstitutional."

He added, "In a state that's fiscally conservative, it's not very fiscally conservative to have the death penalty."

Attorney John Thomas continued the attempt to dissuade the court from ruling in favor of prosecutors by suggesting Vallow was not involved in the murders.

"We don't believe the state is going to be able to prove Lori was a major contributor to the crime," Thomas told Boyce.

"We don't believe Lori actually participated in any of these events or that she even knew about them. She didn't anticipate them happening and certainly was not a participant."

Earlier this month, the prosecution filed a motion of their intent to prove Vallow was eligible for the death penalty.

"Sufficient evidence existed for the Grand Jury to find the defendant Lori Vallow intended for her children and for Tammy Daybell to die," the motion read.

Boyce said he would review the death penalty motions and issue written orders at a later date.

During the Thursday hearing, Boyce also denied Vallow and Daybell's request for in-person meetings for "trial prep." Before the ruling, Fremont County Prosecuting Attorney Lindsey Blake raised concerns about the scope of attorney-client privilege if the sessions were allowed.

"Each defendant has an attorney-client privilege with their respective counsel. They do not have that same privilege with their co-defendant's counsel," Blake noted.

Boyce acknowledged the potential conflicts that could result from joint meetings and described the defense's motion as "an idea full of pitfalls that would far outweigh any consequences."

Vallow and Daybell have pleaded not guilty to their charges and are scheduled to return to court for a hearing on Feb. 9 in Fremont County.