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PHOENIX - We have learned that lawyers for Lori Vallow, the woman known as the so-called ‘Doomsday Mom,' have filed motions for a new trial.
Vallow was found guilty on May 12 of six counts related to the deaths of two of her children - Joshua ‘JJ’ Vallow and Tylee Ryan - in addition to the death of Tammy Daybell, who was the first wife of Vallow's current husband, Chad Daybell.
According to court documents obtained by FOX 10 Investigator Justin Lum on May 26, Vallow's lawyers are motioning for a new trial ahead of a 14-day time limit that is set under Idaho law.
Vallow's lawyers claim issues involving jury
Lori Vallow smirks in a new mugshot taken after her murder conviction. (Madison County Sheriff)
In the documents, Vallow's lawyer made a number of claims in support of their motion for a new trial, including:
- The court misdirecting the jury as it relates to the jury instructions on conspiracy
- The court misdirecting the jury as it relates to an amended indictment
- Claims made by a juror that jury instructions were confusing
1st Claim
According to the court documents, Vallow's lawyers' first claim states that the court allowed, at the request of prosecutors, for the jury to consider a conspiracy of only two people - Lori and Chad, Lori and Alex Cox, or Chad and Alex, when language used in the grand jury indictment clearly states that at least five people, including Lori, Chad and Alex, entered into a conspiracy.
"This change of the definition of conspiracy from the grand jury to the trial jury completely changed the complexity of the case by allowing the insertion of the ‘and/or’ language," read a portion of the court documents. "For the past two years, the defense had been put on notice that the conspiracy involved at least five people. This notice was clear from the language of the indictment. To have the government and the court permit a conspiracy of just two people instead of five was prejudicial and unlawful."
2nd Claim
In the second claim, Vallow's lawyers claim the government moved to amend the indictment for a ‘clerical error,' two years after it was filed by the grand jury. The lawyers claim the amendment actually changed the statute in the definition of grand theft, which was one of the charges Vallow was convicted on.
"Whether the language of the grand theft charge included ‘intent to deprive’ or intent to deceive' was an element of proof to be determined by the trial jury, and should not have been amended by the government," read a portion of the documents.
3rd Claim
In the third claim, Vallow's lawyers claim that a member of the jury revealed that jury instructions were confusing, and that the juror, identified only as "Juror Number 8," knew of evidence not submitted to the jury, based on an interview between the juror and a reporter for a publication known as East Idaho News.
The court document included an excerpt of the interview between the East Idaho News reporter and the juror. At one point, the juror said "I think the police department in Phoenix had some significant red flags, that had they been followed up on, you know, maybe we're not here."
"Charles Vallow's statements to law enforcement were not part of the evidence presented in the case. The juror and the reporter refer to it, but it wasn't presented in court," read a portion of the court documents. "We can only conclude that the juror relied on information not presented in court to reach his conclusion that Arizona dropped the ball and should have done more, even before Charles Vallow was shot and killed by Alex Cox."
Court case captured global media attention
Vallow's guilty verdict culminated a three-year investigation that included bizarre claims that her son and daughter were zombies, and she was a goddess sent to usher in the Biblical apocalypse.
Prosecutors in the case described Vallow Daybell as a power-hungry manipulator who would kill her two youngest children for money, while the defense team said she was normally protective mother who fell under the romantic sway of a wannabe cult leader.
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Defense attorney Jim Archibald, however, countered during the trial that there was no evidence tying his client to the killings, but plenty showing she was a loving, protective mother whose life took a sharp turn when she met Daybell, and fell for the "weird" apocalyptic religious claims of a cult leader.
Even before the request for a new trial, Vallow's legal troubles were far from over, as officials with the Maricopa County Attorney's Office announced that they have plans to extradite Vallow back to Arizona for the murder of Charles Vallow, in addition to the attempted murder of her niece's ex-husband.