DAYBELL CASE - Mark Means Business & A New Guy In Town
lori dabel's attorney mark means is coming out swinging again and he is riled right up before i begin hit that subscribe button hit that like and share it out where you can now let's get into it first there's a new lawyer assigned to lori dabel's case he's a death penalty certified attorney and has represented several high-profile clients in death penalty cases his name is james archibald it hasn't been announced yet if the prosecution is seeking the death penalty for lori yet and we will find out sometime this week if laurie is deemed competent or not if she is deemed competent then it's business as usual and court will proceed if she's not then she will go back to her restorative treatment for 180 days and then we'll go from there now according to idaho law the judge must appoint two death penalty certified attorneys to indigent defendants and we know that laurie has been deemed indigent back on may 21st of this year but the judge is keeping mark means as co-counsel with mr archibald now we know mark isn't a death penalty certified attorney chad dabel hasn't had anyone assigned to him yet laurie has the right to waive death penalty certified counsel and sam newton who is an experienced death penalty attorney and he's also an associate professor at the university of idaho college of law said this about the case when he was interviewed he said what the judge is saying here to mr means is there is the possibility that lori valo could waive that requirement for mr means we'll appoint one attorney that meets those requirements if lori valo's competency is restored we will deal with that then and speaking of death penalty it was recently announced that the fremont county prosecutors are seeking the death penalty for chad day bill as i said it hasn't been announced yet for laurie now the prosecution stated several reasons chad's case is eligible for the death penalty and it's said that the alleged murders are number one committed for remuneration which is financial gain number two the alleged murders were especially heinous atrocious cruel or manifesting exceptional depravity three the defendant exhibited an utter disregard for human life and four the defendant has exhibited a propensity to commit murder and will probably constitute a continuing threat to society now there was a statement issued by the prosecution regarding the death penalty and they said this today we filed our notice of intention to seek the death penalty against chad dabell our process in making this determination was lengthy and comprehensive we conferred with those immediate family members of j.j valo tyler ryan and tammy dabel who have indicated a willingness to speak with us and allow them an opportunity to provide their input if they wish to do so the ultimate decision to seek capital punishment rests with the state and after completing the entire process we determined that the nature and magnitude of these crimes warrant the possibility of the highest possible punishment now chad's due for a pre-trial hearing on september the 30th and also his trial is set for november 8th but that can change depending on what happens with lori and her status let me know your thoughts about chad facing the death penalty in the comments below i'd love to hear your thoughts now back to mark means mark is on a motion spree of sorts and we've seen this in the past where mark gets a little mad and starts you know filing like crazy and we've heard other opinions and questioning of what he's doing now he's now requesting a dismissal of the grand jury indictment and he says since there is a stay in lori's case now the stay halts all proceedings any proceedings until her psychological treatment is completed which like i said we find that out this week sometime and sam newton who i mentioned before is the expert lawyer and teacher he states that the motion mark filed could actually hurt the defense and says weak motions can lead to problems down the road he also says it's very very unclear what mr means is trying to argue that doesn't prevent the state from pursuing additional charges you're just opening a pandora's box when you have unqualified attorneys or people who don't know because capital litigation is very different than felony litigation and here's what the order says the order for stay regarding all proceedings against the defendant was provided and served on council for defendant and the state prosecution in this matter on or about march 8 2021. despite this personal knowledge notice to the state the state ignored said order and acted in violation of this order and organized conducted cause to occur a legal proceedings against said defendant there is no plausible argument regarding this blatant violation of the court's order to stay the supercilious actions taken by the state slash prosecution in direct violation and contempt of this court's previous orders to stay warrant the issues of a dismissal of the above case and sanctions to be issued against state and prosecution wherefore defendant rightfully requests this matter be dismissed forthwith and sanctions costs fees be issued against the state and prosecution now mark is also pretty ticked off about money he says that he has incurred a few days ago he filed a motion another one and it was a motion to compel he claims because of the prosecution's lack of professionalism that's what caused him four thousand dollars here's what the motion said on june 21st 2021 having not received any email phone call or the like that this notice was not adequate defense counsel awoke at 4 am and traveled to fremont to ensure he was timely in respect to the employees of the fremont court system and to allow plenty of time for transfer records and materials to the newly purchased hard drive purchased by defense council council arrived at 10 am and was greeted by the receptionist council introduced himself and requested the materials be made available to allow for copies etc secretary then had an assistant legal assistant paralegal telephone prosecuting attorney blake after one voice message left for attorney blake blake called back with apparent instructions that they would provide responses in july and provide their own hard drive prior to the statement that morning this was not communicated as the only attempted method of discovery compliance after defense council expressed a bit of frustration at lack of communication and requested again the records material be provided that day the deputy district attorney came out of her office graciously introduced herself and said everything had been produced in the other case which is the fremont conspiracy case against defendant laurie debal with the exception they were awaiting records from the attorney general's office i reiterated the previous multiple statements of mr wood back in october of 2020 where he said he had murder evidence and would not turn it over at that time i stated you have not even provided the autopsy of miss daybell i was told it was not relevant to lori's case obviously i disagree and stated you have not even provided that to mr pryor so there is no way you have provided everything in your possession with the exception of the attorney general materials again i was assured that all evidence had been turned over with the exception of items to be produced by the attorney general i said i was going to see my clients as a result of no production at that time that would be back in two hours and would like to receive what is available the date and not previously produced at noon i called fremont county prosecutor's office and was instructed to call attorney blake at about 12 15 i called attorney blake and left a message requesting a call back asap to discuss the matter that i was going to wait for her return phone call after being denied the materials and waiting until approximately 2pm for a call from blake i began the 5 five-hour drive home to date no response or communications as a result of the discovery requests noticed above my notice failure of any communications by the prosecuting office my office incurred 11 and one-half 11.5 at 325 an hour of legal fees minus two hours to meet with client which was not going to happen if production by prosecution had occurred 728 miles times .58 the round trip of travel and purchase of hard drive day before to effectuate transfer slash production of 186 dollars and 32 cents total costs and fees of 422 dollars and 24 cents of mileage seven hundred thirty seven dollars and fifty cents plus a hundred eighty six dollars and thirty two cents equals four thousand three hundred and forty six dollars and six cents these fees and costs would not have been incurred unnecessarily if state had complied with the above rules of law provided notice and or responses to reschedule etc the refusal to comply with the idaho rules of criminal procedure bad faith and lack professionalism is shocking now in another document filed on august 11th mark filed a motion stating he requested information provided a detailed list of discovery violations missing documents records exhibits recordings reports and the such was provided to the state to date no response to either the discovery requests or good faith letter now he includes in the motion the letter to the prosecution requesting a large list of these items here's what the document says dated july 15 2021 dear prosecutors after a review of the july 15 discovery the following is inadequate lacking or missing regarding the above data production given your unilateral selection of an extension from the original due date in june 2021 to july 15 2021 i'm requesting complete discovery responses by no later than 5 pm july 21st 2021 additional motions to compel will follow if any or all the following as well as any other evidence withheld and not produced in its entirety number one tamara debell autopsy report please see second motion to compel production lacked reports notes photographs from date of exhume to present number two october 20th 2020 which is produced on july 15 2021 interview with melanie gibb clearly identifies prior conversation with mr wood to this interview please identify all parties of the prosecution and policy present for this interview also please provide any and all records reports notes communications etc involving ms gibb mr wood investigators detectives etc regarding this interview and or any other interview slash communication text slash emails etc involving miss gibbs furthermore miss gibb states that mr wood recommended she put out a video that it was a good video please identify and produce this video and the communications dates times locations persons present and or privy to the communications regarding this video please produce all communications between ms gibb and the following individuals all detectives investigators prosecutors other person of witnesses witnesses person of witness or written witnesses etc if there was verbal statements without corresponding written communications please identify location of communications persons present notes reports etc also detectives identified they called miss gibb routinely please provide corresponding reports notes phone records text messages emails etc regarding all communications with ms gibb and anyone associated with the state's investigation in this matter it is further identified that ms gibb has communicated on mr woods personal cellular telephone please provide phone records illustrating phone calls text messages emails and all telephone numbers telephone carriers associated with these communications and any corresponding reports notes records resulted from this communication number three journal what appears to be a journal diary of various persons does not identify the author and withholds the journal in its entirety please identify author or authors of the journals and produce the entire journal diary number four please identify any and all person's communications records and the like of investigators prosecutors detectives etc that have engaged in any disparaging remarks regarding any and all defense attorneys the defendants and or off-record communications with witnesses persons of interest number five regarding miss regan price june 9 2020 interview produced on july 15 2021 please produce prior interviews and or reports cited an interview please produce any and all reports records text voicemails emails videos photographs etc regarding produced report identify all persons identity involved in taking of said interviews identify all previous and post communications statements records reports notes with this witness or witnesses to this interview written verbal tangible intangible between law enforcement and this person identify all previous to recording communications written or verbal between law enforcement and this person she refers to previous interviews with ron of law enforcement and mr robert wood please provide and in brackets she makes statements regarding hearing a gunshot on day of raccoon shooting please identify any and all records identify her physical location at the time of the shooting number six regarding mr colter cannon june 10th interview produced on july 15th please produce prior interviews and a report cited an interview please produce any and all reports records text voicemails emails voice videos photographs etc regarding produced report and then it goes on to say identify all person's identity just like before and then it says please identify who took the recording of this interview and stated in front of mr cannon the interview is regarding the attempted shooting of tammy dabel any previous interview statements records communications between mr cannon and any person associated with the prosecution in this matter please produce the on body camera car camera recordings associated with the day this person was on the scene of the paintball shooting please produce this person's report notes records communication etc associated with this person's statement or records please provide dispatch recording of tammy dabel statements regarding the paintball incident please produce annie in all tangible intangible evidence regarding attempted shooting of tammy and or paintball gunshots any interviews reports records notes videos or the like of any person of knowledge regarding this alleged shooting incident record of interview of older gentlemen referenced in interview record of interview with joe chopping wood across street at time of alleged shooting all fbi and or law enforcement documents records etc of investigation regarding this incident number seven regarding kathy brown june 10 2020 interview produced on july 15 2021 and then it has that disclaimer of produced prior interviews it says please produce the interview records and the like etc of january 2020 first search warrant regarding search of mr dabel's property interview with jeff brown references ert investigation question mark please produce all associated with this ert all records text messages and the like regarding persons of paintball activity in the area she references a text message she gave to law enforcement interview cuts off midstream at 701 after discussion of text message of kid in area with paintball gun number eight regarding matt and heather daybell june 11th 2020 interview produced on july 15 2021 again it's repetitive and then it says identify all previous and post communications to this interview statements records rep reports notes with these witnesses to this interview written verbal tangible intangible between law enforcement and matin and or heather daybill all communications records text voicemails emails and the like between detective hope and these witnesses evidenced by statements of mr daybell all evidence records reports videos etc that supports that the interviewer's stated theory of that they can prove chad is guilty of alleged murder of tamra dabel all emails allegedly to have been sent by mr chad daybell in the possession of mr dabil that was provided to law enforcement by mr davil please produce the recording or records of interview of day bell children by this interviewer on or about june 10 2020. on medication medical counseling psychological depression records of miss tammer of daybell at least two years prior to death identify all medical professional and treating professionals for miss tammer daybell previous interview records reports videos text emails etc with a detective with heather dabell all communications between detective hope of rexburg pd and his statements and records of statements to day bell including but not limited to protecting them day bells detective ball's interview and records with samantha all communications between detective dave hope and matthew and heather debell as stated in interview again interview cuts off mid-sentence please provide interview in its entirety number nine regarding ryan bradshaw jody whitney aspen june 11 2020 interview produced on july 15th identify all previous to recording communications written verbal between law enforcement and this person interview starts and ends mid-sentence a second interview for 1.45 minutes is as previous interviews started and ends mid-sentence also uh
please produce in its entirety and or explain why portions of interview are missing not produced number 10 regarding jack and sheila dabell june 16 2020 interview produced on july 15 2021 identify all persons identity involved in taking of said interviews identify all previous and post communication statements records reports notes with these witnesses to this interview written verbal tangible and tangible between law enforcement and this person or persons identify all previous to recording communications written verbal between law enforcement and this person's please produce statements verbal nonverbal written not written recorded and or the like j i e jailhouse recordings etcetera of chad dabal regarding but not limited to the death of tamara dabel prior to arrest of arrest and or post arrest of mr chad dabal interview ends mid-sentence please produce in its entirety then in bold it says please produce all unauthorized non-disclosed recordings notes records photograph videos and the like of this witness and any other witness person of interest created by investigative authorities please identify the specific device used to create these records the person creating said records and the like please produce all statements to persons of interest and or witnesses by rexburg police fremont madison county idaho attorney general and or any other investigative authority expressing their opinions facts disparaging comments allegations regarding the defendants please produce all fremont county coroner and or fremont county reports evidence records videos notes charts and or the like regarding the passing of tamara debell please produce any and all records of payments cash payments to day bell children by chad day bell please produce all statements of daebel children regarding the timing and effectuation of the funeral of miss tamara dabell please identify each and every burner telephone telephone number cell phone carrier suspected slash alleged owner slash purchaser of said phone any and all gps information acquired from said phone telephone records and each and every communications from said burner telephone number 11 regarding faye harris july 29 2020 interview produced on july 15th please produce the interview in its entirety as it ends mid-sentence number 12 regarding john ox july 29 2020 interviewed produced on july 15th annie and all emails texts sent by miss tamra dabel regarding relationship with mr chad dabel and or current charges for example an email the night before passing of mrs dabell isn't that interesting number 13 regarding margaret brown july 29 2020 interview produced on july 15 2021 interview begins mid-sentence please produce in its entirety any and all other evidence of spiritual visitation of mrs tamara dabel to this witness number 14 regarding melanie gordon july 29 2020 interview produced on july 15th the this witness makes reference to four odd gentlemen attending the memorial of mrs tamara daybell these individuals attended without their wives did not appear to be friends of family per witness please identify these individuals and produce and any and all evidence of these individuals interview again ends mid-sentence please produce this in its entirety number 15 regarding stephanie peralta july 29 2020 interviewed on july 15th interview appears to end mid-sentence with a question for witness please produce in its entirety please produce data log files exercise files step records and the like from mrs tamara dabell fitbit watch program and or device similar used by mrs tamara daybell as well as any medical records physical exams at least two years prior to her passing list of all medical providers from date of relocation to sugar rexburg idaho from springville utah please produce any and all records notes communications and the like involving persons of knowledge and witness julie rowe 16 regarding angela johansen july 29 2020 interview produced on july 15th any and all communication between this witness and mrs tamara dabell 17 regarding shannon miller july 29 2020 produced on july 15th please produce the previous interview of this witness by bruce as identified in this interview interview ends with sentence please provide entire interviews all exercise slash attendance records from gym entitled hi fitness referenced in interview for mrs tamara daybell all communication records and the like from the parents and or siblings of mrs tamara daybell please produce any and all records of homeopathic type medicine or treatments engaged by mrs tamara dabel therapist identification and records of mrs tamara daybell please produce any and all evidence that is supportive or contrary of the multiple witness statements of paintball gun incident with mrs tamara dabal that would support your theory of attempted shooting of mrs tamara debell with a lethal weapon i.e gun in reviewing previous discovery production the following is requested to be produced in working format if you wish for my office to provide you a hard drive or to pick up this information please advise upon receipt of letter missing audio or video recordings from key interviews or event within the various police summary compilations are several interviews and interactions that do not have accompanying audio or video segments they are listed below grouped according to the provide report they appear in and then it has melanie gibbs phone call with ray hermacio dave hope assisting and questioning chad dabell at lori's place dave hope interviewing joseph and emma murray at central elementary in sugar city ron ball and rick schmidt meeting with jason william at springville police department ron ball ray hermacio and others meeting with matt and heather day bella rexburg pd randy reese interviewing april raymond via phone call randy reese interviewing annie cushing via phone call body cam footage of lori dabel's arrest in principal hawaii body cam footage of ron ball rob wood confronting chad dabell after lori's arrest dave hope interviewing principal williams at kennedy elementary rick schmidt interviewing matt dabell about storage unit footage body cam of chad and lori being detained and questioned in separate police cars in hawaii david stubbs interviewing heather daybell and maggie dabell hope chuck consadis interviewing craig huff via phone call melanie gibb phone call with ray hermacillo about casting out spirits chuck interviewing mike and nancy jones founders of preparing a people seth bernard who's the neighbor of laurie in number 176 mentions in an interview that he and his wife leah had previously been interviewed by david stubbs matt and regan price interview about fires in davao's field that'll be interesting shanna miller mentions being previously interviewed by fremont county detective bruce mattingly there's no record of that interview or any others he may have conducted with school employees and melanie gibb testifies she met with rob wood and other officers on saturday august 1st 2020 in woods office before the preliminary hearing please provide detailed conversation notes records presence of persons at this conversation melanie gibb talked to the fbi two or three times in early 2020 please provide no reports given june 9th 2020 dave hope stood nearby using a body cam pointed at chad dabell and emma murray as they talked while chad was handcuffed in a police car and then brackets video report notes etc february 18 2021 garth dabell was detained and questioned for a half an hour in his classroom at madison junior high by vincent kanikamin and ricky wright may 17 2021 garth dabal was detained and questioned at rexburg pd for six hours from 8 a.m to 2 p.m by ron ball vincent k hermeseo and mattingly his wife cara was also detained and not allowed to leave well that's super interesting and then there was discovery items listed with missing information addicts adam cox interview summaries there but videos missing zach cox interview summaries there video is missing it says there's some pdfs that are corrupted and rexburg pd drone images of jbl property by dave hope won't open fbi photos of dave bell fire pit have a written log but the actual photo's not included audio issues it goes on angeline law september 15 2020 interview contains natalie mcgee audio instead tammy gee's interview doesn't work or tammy g no transcript provided craig huff interview by ball and wood doesn't have a transcript and melanie gibbs june 3rd 2020 interview is labeled june 4th and is only 20 minutes long missing first section if you have any questions or issues of which you wish to discuss please contact my office upon receipt of this letter please provide full and complete working files records and the like by no later than 5 pm july 27 2021. mark included that in his motion to compel and that's in its entirety he hasn't received it or that's what he's claiming so we'll see what the response is from the prosecution now you may or may not have heard but at the end of july the prosecution dropped the destruction alteration or concealment of evidence charges against lori and chad and according to east idaho news it said the dismissal of the other cases allow prosecutors to better focus on the new charges with more serious penalties now let me know your thoughts overall of what's been happening here the new motions mark means the death penalty and do you think that lori is going to come back as competent or do you think they'll have to do the extension for another 180 days let me know your thoughts below please subscribe if you haven't done so already please like and please share thank you so much for watching see you soon
2021-08-22 00:08
