Lori Vallow Daybell files motion for a new trial based on these five reasons

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PHOENIX — Lori Vallow Daybell says there were multiple problems with her Maricopa County, Arizona trial last month and she wants it redone.

A jury found Daybell guilty of conspiracy to commit the murder of her fourth husband, Charles Vallow, on April 22 following a seven-day trial. Daybell represented herself and it took the jury less than three hours to reach a guilty verdict.

In a 13-page motion filed Thursday, Daybell asked Maricopa County Superior Court Judge Justin Beresky to grant her a new trial for five reasons:

Juror misconduct

Preclusion of statements from Tylee Ryan and Alex Cox and the impermissible expert testimony by Chandler Police Det. Daniel Coons

Discovery violation

Prosecutorial misconduct

Court’s lack of impartiality

Daybell cites a television interview with a juror conducted immediately after the trial in which he seemed to acknowledge being aware of her prior convictions. Daybell was found guilty in Idaho of murdering Tylee Ryan and JJ Vallow, her two children, and conspiracy to commit the murder of Tammy Daybell.

“You know, I feel sorry for her, driving home yesterday, I was like, God, she’s spending the next three lives in prison, in a cell,” the juror said.

The Idaho crimes were not discussed in the Arizona trial and jurors were not supposed to know about Daybell’s murder convictions.

In her motion, Daybell also raises concerns that statements made by Tylee and brother, Alex Cox, after the shooting of her husband were not allowed into the trial. The statements were considered hearsay because Tylee and Cox are dead and could not be called as witnesses.

“During trial, this defendant was precluded from even discussing that Alex conducted a walk-through (of the home after the shooting), much less his statements with Chandler Police Detectives during that walk-through,” Daybell wrote.

Daybell’s motion goes on to accuse Maricopa County Deputy Prosecuting Attorney Treena Kay of committing a discovery violation by not turning over a hard drive with Vallow’s cell phone information to the defense until the middle of the trial.

Daybell says Kay committed prosecutorial misconduct by giving false statements in court and eliciting “irrelevant, prejudicial, and improper character evidence” from a witness.

Beresky’s “lack of impartiality” is another reason Daybell believes she deserves a new trial. She says the judge struck two of her proposed witnesses, EastIdahoNews.com reporter Nate Eaton and Brandon Boudreaux, from her list before the trial started. Boudreaux is Daybell’s former nephew-in-law.

“Before testimony began, the court required this defendant to establish on the record what relevancy her witnesses would present. This required this defendant to state in front of the prosecutor her defense strategy. This is not required under the law or any rule of evidence,” Daybell wrote.

Daybell also raised issues with a statement Beresky made while she was cross-examing a witness and trying to “establish that being translated was a regular part of the Mormon religion and thus a relevant line of questioning.”

Kay objected to the questioning, but Beresky overruled the objection and said, “I guess to the extent that you are comparing yourself to these biblical figures I will allow it.”

Kay is expected to issue a response to Daybell’s motion before Beresky grants or denies the motion.

Daybell has another trial scheduled to begin June 2 on a conspiracy to commit murder charge for Boudreaux. She has pleaded not guilty.

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