Lori Vallow Daybell: 'Doomsday Mom' motion to remove judge from her AZ case fails
Lori Vallow Daybell: 'Doomsday Mom' back in court
The woman known as the so-called 'Doomsday Mom' returned to court ahead of her final Arizona trial on May 29, and things got heated after 300 jury questionnaires were reviewed. FOX 10 Investigator Justin Lum reports.
PHOENIX - Just days ahead of her second trial in Arizona, the so-called ‘Doomsday Mom’ made another, ultimately failed move aimed at removing the judge who is presiding over the case.
What we know:
According to legal documents we received, Lori Vallow Daybell has filed a motion to remove Judge Justin Beresky from the case, citing "personal bias or prejudice against her."
"As a result, the defendant cannot receive a fair or impartial hearing or trial before this Court," read a portion of the documents.
In the documents, Vallow Daybell stated that she had made motions for Judge Beresky to recuse himself from her cases, and alleged that he has "refused to recuse, knowingly and willingly violating the code of Judicial Conduct."
Vallow Daybell also alleged that a rule related to speedy trials was violated, as well as alleging religious beliefs discrimination based on words Judge Beresky said during trial proceedings on April 9.
On May 29, a different judge denied Vallow Daybell's motion.
What Else Happened?:
During court proceedings on May 29, things got heated in the courtroom following the review of 300 juror questionnaires, with Vallow Daybell having issues to take up with the same judge that she tried to remove from the case.
In one exchange, Vallow Daybell wanted an explanation on the aggravation phase when someone is found guilty of a crime.
In this case, Vallow Daybell is accused of conspiring with her late brother, Alex Cox, to have him shoot her ex-nephew-in-law Brandon Boudreaux in Gilbert back in October 2019. Ultimately, the attempt on Boudreaux's life failed. However, Vallow Daybell was found guilty in April of conspiring in the murder of her Charles Valley, and she stipulated to the aggravation phase, which happens after a guilty verdict, so the phase never happened. She has yet to be sentenced for the recent conviction.
If found guilty after this trial, the state intends to cover its bases and present aggravating factors to prove to a jury that this was a dangerous crime. Now, Vallow Daybell is arguing why she must go through this phase if she is found guilty, and asked for a probable cause hearing ahead of a potential aggravation phase.
Things became contentious as the judge had to explain how the court of law works.
Lori Vallow Daybell argues with Judge Beresky
During court proceedings on May 29 that took place ahead of her second and final trial in the State of Arizona, the woman known as the so-called 'Doomsday Mom' argued with Judge Justin Beresky over a legal technicality that applied to the trial.
Dig deeper:
In her motion to remove Judge Beresky from the case, Vallow Daybell specifically mentioned an occasion on May 14 when she requested that Judge Beresky step down during a court proceeding. The exchange was captured on video.
"I don't have any personal bias, alright?" Judge Beresky told Vallow Daybell, in the video.
"You denied every single one of my motion for the year and a half that I've been here," Vallow Daybell said. "Every single one of my motions [have] been denied."
In response, Judge Beresky said that 15 minutes prior to the exchange, he granted a motion for Vallow Daybell to meet with her attorneys over lunch.
While Vallow Daybell was representing herself (known in the legal profession as "pro se") during the trial, two lawyers were considered by the court to be Vallow Daybell's ‘advisory counsels.'
"That's the first motion that you've ever granted," Vallow Daybell said.
"File motions that have a legal basis, and I might grant them," Judge Beresky replied. He later rejected Vallow Daybell's motion for him to recuse himself from the case.
This is not the only motion Vallow Daybell has filed recently: on May 23, we reported that a judge has denied her request for a new trial. In that motion, Vallow Daybell claimed one of the jurors in the case had knowledge of her previous convictions in Idaho before a verdict was reached. Judge Beresky ultimately ruled that Vallow Daybell "failed to establish any ground for a new trial."
The backstory:
In Arizona, Lori Vallow Daybell was found guilty in April of conspiring with her now-deceased brother to kill Charles Vallow, who was Vallow Daybell's former husband.
Vallow Daybell's first trial in Arizona took place years after she was found guilty in Idaho on multiple charges, including two counts of first degree murder in connection with the deaths of Joshua "JJ" Vallow and Tylee Ryan. Both JJ and Tylee were Vallow Daybell's children. Her current husband, Chad Daybell, was also convicted of murder in connection with the deaths of JJ, Tylee, and Daybell's first wife Tammy. He was subsequently sentenced to death.
What's next:
Vallow Daybell, who is also accused of attempted murder in connection with an incident involving her ex-nephew-in-law Brandon Boudreaux. That trial is expected to start in June 2025.