Boise, ID (CBS2) — Lori Vallow Daybell's attorneys have filed a motion for a new trial.
In the motion, Vallow Daybell's attorneys refer to the rule in the Idaho Code that allows the court to grant a new trial if the jury has received evidence from outside the Court, when the Court has misdirected the jury in the matter of law or has erred in the decision of the questions of law that arise during the trial, when the verdict is contrary to the law or evidence.
Lori's attorneys say that the Court misdirected the jury by changing "the definition of conspiracy from the grand jury to the trial jury". They claim that for the last two years, the defense was told that the conspiracy had involved at least five people and the Court allowed the jury during the trial to consider that only two people were involved.
Lori's attorneys also claim that the jury was misdirected by the Court during the trial because, at the end of the trial, the State of Idaho moved to amend the indictment to change the statute of the definition of grand theft which the Court allowed. This is after the defense had made repeated attempts to amend the indictment in 2022 but was denied.
Lori's attorneys believe that the instructions given to the jury were confusing and that at least one juror used evidence that was not submitted during the trial. Her attorneys referenced an interview one of the jurors did with East Idaho News following the end of the trial where the juror stated that they believed that the evidence testimony from Arizona was for demonstrative purposes and not part of the evidence. The juror also referenced body cam footage of Charles Vallow that was not part of what was presented in court.
For these reasons, Lori's attorneys are requesting a new trial for her and overturn the judgment from the original trial.