A pre-sentencing hearing of Lori Vallow Daybell recently took place to discuss the victim impact statement set to be given at her sentencing on July 31st, 2023. The main focus of this hearing revolved around whether her aunt should be allowed to present this statement.

 

 Vallow Daybell's defense team, led by Attorney Archibald, contested the request of Vicki Hoban, Tammy Daybell's aunt, to present a victim impact statement. The defense argued that the law does not permit an aunt to be considered a victim.

 

 Archibald pointed out that other family members - Tammy Daybell's sister Samantha William and her father Ron Douglas - had submitted statements, with Douglas explicitly noting that he was writing on behalf of himself and his now-deceased wife. As such, Archibald argued that there was no legal provision allowing the court to consider an aunt as a victim able to speak on behalf of the Daybell family.

 

 The state, represented by Attorney Lindsey Blake, acknowledged the unique issues surrounding victims' rights but chose not to object to the defense's motion, leaving the matter to the court's discretion.

 

 Upon reviewing the motion, the presiding judge cited Idaho's victims' rights statute, which allows a court to designate a representative from the immediate family to exercise the rights on behalf of a deceased, incapacitated, or minor victim. The judge concluded that the language in the statute doesn't stipulate that a representative can only be appointed in the absence of any other family members who are willing and able to make a statement.

 

 As a result, the judge denied the defense's motion, allowing Vicki Hoban to present a victim impact statement as the designated representative of Tammy Daybell's now-deceased mother. He noted, however, that the prosecution had the discretion to advise Hoban on whether she should make any further comment or statement at the sentencing hearing.

 

 The pre-sentencing hearing, which was live-streamed on the court's official YouTube channel, ended with the confirmation that Vallow Daybell's sentencing would likely conclude in a one-day hearing on Monday, July 31st, 2023.

 

 This case continues to draw interest from legal scholars and the general public alike as it navigates the intricate issues surrounding victims' rights and family representation in the legal process. The court's decision underscores the breadth of discretion accorded to the judiciary when determining who can present a victim impact statement in a murder case.

Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj

The latest on Catching the Long Island Serial Killer, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com