Daybell hearing discusses Lori's competency and defense's access to evidence

BOISE, Idaho (CBS2) — Nate Eaton of East Idaho News is reporting Lori Vallow and Chad Daybell were in a hearing Thursday morning, again discussing Lori's competency to stand trial the defense's access to evidence.

The State argued against mental health being used as a defense in Lori's case. Fremont County Prosecuting Attorney Lindsey Blake says, "The state absolutely intends to talk about issues regarding the defendant's beliefs. We are concerned the defense may then use that to open the door to argue mental health as a defense."

Jim Archibald, Lori's attorney, objects to the motion, saying, "Our mental health experts still have questions about her competency. We do respect the court's opinion that she is competent for trial even though there are differing opinions on that matter."

Archibald added "All the mental health experts that have evaluated her say she does have a mental illness. There's no question."

Chad's attorney, John Prior, then began arguing motion about DNA evidence. He said,"The trial is going to start in 21 business days. To date, unless I'm mistaken, there is DNA evidence that is still outstanding that I don't have in my possession."

Prior says the state is at fault for not providing him with the evidence in a timely manner, forcing him to rush while evaluating it.

Evidence in the case includes hair samples from Chad and Lori.32 electronic devices and 26 journals seized from Chad Daybell's house will also be evidence in the case. Prior says, in total,there is 12 terabytes of data that has been submitted as evidence.

Prior says Lori's team does not have all the evidence either.

"Either they're trying to sandbag me or there's a lot of incompetence and nobody's watching or directing the ship. Judge, for you to punish me and have me go through all this evidence at the last minute because they can't get their act together, it's not my fault."

Boyce did not rule on the motions and said he will issue written orders.

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