Boyce approves cameras for Chad Daybell's April trial

Cameras will be permitted during Chad Daybell’s April murder trial in Ada County.

Seventh District Court Judge Steven Boyce made the decision during a Wednesday morning hearing held at the Fremont County Courthouse to discuss the matter.

Boyce said he was well aware the trial was to be held 350 miles away from the Upper Valley. The great distance prevented interested individuals from watching the trial.

“The defendant’s family members would like to see the proceedings,” he said. “(That’s) a compelling argument. In balancing out the requests here, the court has made a determination that in order to provide adequate access, the court is going to permit that the trial be broadcast while it occurs with certain restrictions.”

The trial will be broadcast but only with Seventh District Court’s own audio and visual equipment. Microphones will not be allowed on the lawyers' tables. The court has the ability to livestream the trial free and “unfettered” to residents from the State of Idaho Judiciary, Boyce said.

“The public is given better access,” Boyce said. “With that in mind, the court won’t allow any still photography given that the matter will be broadcast through the court’s own system.”

Boyce said that during the trial of Lori Vallow-Daybell, Chad Daybell's co-defendent and second wife, the court relied on its own multi-media equipment to broadcast the trial to separate rooms in both the Ada and Madison county courthouses. The audio-video equipment worked well during those broadcasts, he said.

During Chad Daybell's trial, witnesses won’t be allowed to watch the trial prior to their taking the stand. The court’s “exclusionary rule” prohibits them from doing so, Boyce said.

“That was already a concern in the first trial,” he said. “We had an affidavit that addressed that. They certify under oath that they have not (watched the trial). The court will employ the same method of allowing witnesses to testify after being certified under oath.”

Boyce said he would follow up with more instructions concerning the live trial broadcasts during subsequent hearings.

“Going forward with other pretrial hearings, (we) will be taking those up on a case-by-case basis,” he said.

The state has charged Chad Daybell with three counts of murder involving the alleged murder of his first wife Tammy Daybell and the killings of J.J. Vallow, 7, and Tylee Ryan, 16. He’s also charged with two counts of insurance fraud for accepting $430,000 in life insurance benefits from Tammy Daybell’s insurance policies following  her death.

Tammy Daybell died Oct. 19, 2019, at the Salem home she shared with Chad Daybell and their five children. Two weeks after Tammy Daybell died, Chad and Lori Vallow-Daybell married in Hawaii.

An Ada County jury found Vallow-Daybell guilty in the murders of her children and of conspiracy to murder her romantic rival, Tammy Daybell. Vallow-Daybell was also found guilty of continuing to take Social Security benefits intended for her children long after police believed they had died.

On July 31, Boyce sentenced Vallow-Daybell to three life sentences without the possibility of parole.

Boyce banned cameras during Vallow-Daybell's trial. He stated on Wednesday that he did so in hopes of not tainting a subsequent trial during Chad Daybell’s Ada County trial.

During Wednesday’s hearing, prosecutor Rob Wood told the court it was correct in banning cameras during Vallow-Daybell's trial.

“We shouldn’t fix what isn’t broken,” he said. “We think that decision led to more professional proceedings and helped in reserving the rights of the parties to a fair trial.”

Wood noted that journalists sent out accurate tweets giving up-to-date details during the trial. He also reminded the court that an audio broadcast was provided to those who wanted to listen following each court session.

The state also expressed concern about potential jurors witnessing pretrial hearings where evidence may be discussed, Wood said.

“Broadcasting makes it easier to consume by the mass public and creates further issues when picking the jury. Nothing in the law says they have to broadcast,” he said.

Wood told Boyce many witnesses didn't like being involved in the trial.

“They didn’t get dragged into a triple murder and a horrid case because they wanted to be a part of it,” he said. “The state is concerned, and validly so, the effect on witnesses knowing their face is being plastered on TV for millions of people (to see).”

It’s difficult enough for witnesses to be placed on the stand and to be cross-examined and being recorded only adds to the pressure, Wood said.

“We believe strongly having a live broadcast only makes it more difficult to get to the truth of the matter,” he said.

Wood asked Boyce, if he should change his mind, that Boyce enforce how it is broadcast.

“Once a video is made public, the court loses any and all control (over) what happens to it,” he said. “(We ask) that camera placement be limited. In Miss Daybell’s sentencing, there was one camera pointed at the parties. There was no zooming on attorneys or witnesses or victims. We do ask that if the court does change its decision, that it does so (in that) framework.”

Prior pleaded with Boyce to allow for the cameras.

“The primary reason (for the cameras) is to allow Mr. Daybell to allow his family to view the proceedings,” Prior said. “They would like the opportunity to watch on TV and see how the trial transpires.”

Prior also contended that his client should be able to answer any allegations against him in an open forum.

“One of the reasons for a public trial is accountability,” he said. “(It’s) a big overriding factor. People have a fair right to a public trial.”

Prior said he didn’t like the idea of being on live TV, but the reality was that broadcasting the trial would motivate everyone to tell the truth.

“It keeps the system honest,” he said. “It keeps the witnesses honest. The fact you have a camera on you, people are watching, (and you’re) answering questions in a public forum, it makes the system honest.”

Media Attorney Wendy Olson represented several news organizations requesting cameras remain.

“We are in an age now where visual coverage of just about every aspect of public life is there,” she said. “(It’s where) people see with their own eyes. They’re not sitting in a courtroom. They’re sitting in their living rooms or offices to see a trial.”

It’s vital for people to see what happens during court, and the impact it has on everyone, Olson said.

“It demands a lot of people, lawyers, courts, witnesses, family members,” she said. “Covering the proceeding live will allow the public to understand that better.”

Having a trial broadcast also reduces demand for space inside the courtroom, Olson said.

“The attendance is less than in past hearings,” she said.

Following Boyce’s decision, he told attorneys he would review other motions presented on Wednesday. Those involved changing the venue of Chad Daybell’s trial and whether to keep the death penalty on the table. Boyce said he would have those decisions made in the near future.