Lori Daybell's attorney calls letter sent by LDS Church presidency 'alarming'
MADISON COUNTY, ID (KUTV) — Lori Daybell's attorney issued a five-page response Thursday to The Church of Jesus Christ of Latter-day Saints' "Involvement in Legal Proceedings" memo, calling it "alarming and concerning."
Church leaders Russell M. Nelson, Dallin H. Oaks and Henry B. Eyring released a letter on Aug. 4. to members, which asked that local leaders contact Church attorneys in Salt Lake City, Utah before testifying or communicating in a legal matter.
“We remind leaders and members of a long-standing policy that Church leaders should not involve themselves in civil or criminal cases regarding members in their units, quorums or organizations without first consulting with Church legal counsel,” the letter states.
However well intentioned, Church leaders sharing information in legal proceedings can sometimes be misinterpreted and even damaging.
Read the Church's letter here.
"This same policy applies to leaders corresponding with court personal on behalf of criminal defendants or others, including through email," the letter states.
The contents of the letter have been Church policy for three decades and are in the Church General Handbook. The letter from the First Presidency was sent out to members on the second day of Chad Daybell's preliminary hearing. Mark Means, Lori Daybell's attorney, said the Church's letter could impact upcoming trials.
Doug Andersen, a spokesperson for the Church, released this statement about the letter and pending Daybell cases to 2News:
"The letter of August 4 serves as a routine reiteration of a long-standing policy and has nothing to do with any pending case."
A letter from the First Presidency, dated August 4, 2020, was sent to local lay leaders in the United States and Canada, reminding them of the Church’s long-standing policy of seeking advice from Church legal counsel before becoming involved in criminal or civil proceedings related to members of their congregation. This policy is intended to help leaders in their ministerial role to all those they serve, by not appearing to take sides in legal proceedings and to avoid implicating the Church in legal proceedings to which it is not a party. This policy is included in the General Handbook and similar notices have been sent in recent years to reinforce this policy."
Chad Daybell and Lori Daybell are both facing criminal charges in connection to the deaths of 7-year-old Joshua "JJ" Vallow and 17-year-old Tylee Ryan. The children's bodies were found buried on the Chad Daybell's Idaho property after a nationwide search.
Lori Daybell was charged with resisting arrest or obstructing officers, contempt of court and solicitation to commit a crime in February in Madison County. Two felony charges were filed against her in Fremont County for conspiracy to destroy, alter or conceal evidence related to the deaths of her children.
She has not yet entered a plea for these charges and waived her right to a preliminary hearing in Fremont County last week. Her jury trial is scheduled for January 2021 in Madison County.
Chad Daybell plead not guilty to felony charges of two felony counts of conspiracy to commit destruction, alteration or concealment of evidence and two counts of destruction, alteration or concealment of evidence. His trial date in Fremont County has not been set yet.
The Daybells were or are active members of the Latter-day Saint Church. Both are also part of an off-shoot group with "doomsday" beliefs where members believe they need to gather the chosen 144,000 for the second coming of Jesus Christ in July of 2020.
Read Means' statement here.
“The LDS Church has tainted the Court’s ability for full disclosure by LDS witnesses, evidence procurement, jury pool and the like,” Means wrote.
That, in turn, affects our guaranteed basic fundamental right of right to an impartial jury and the lawful and controlling presumption of innocence until proven guilty.
“By way of issuing this correspondence on the second day of a preliminary hearing the LDS Church has told approximately 26% of the residents of the State of Idaho to contact Church legal counsel to enter into a code of silence and to only discuss their potential knowledge of this case and any other civil or criminal case after filtering said ‘knowledge’ through the lens that is the LDS Church,” Means wrote.
These LDS residents make up possible jury pool members, witnesses, judges, prosecutors, police officers, detectives, deputies, police chiefs/captains, and other elected and nonelected officials throughout the State of Idaho.
"It is clear in said correspondence that the concern of the LDS church is focused on itself not being implicated in legal matters.” and or incurring damages by way of 'involvement' in said legal matters. This concern is in direct conflict with religious organization putting the interests of its member(s) first and foremost," Means wrote.
Means called the Church’s policy “disturbing, and at worst, criminal." He said it goes against Church doctrine that Latter-day Saints should “strictly obey every law of God, including the constitutional laws of the land in which he lives, and do it with a good and honest heart.”
