Daybell Order
Daybell Order
Plaintiff,
v. MEMORANDUM DECISION and
ORDER PROHIBITING VIDEO AND
LORI NORENE VALLOW aka LORI PHOTOGRAPHIC COVERAGE
NORENE VALLOW DAYBELL,
Defendant.
Pending before the Court is the Defendant’s MOTION To CLARIFY MEDIA IN THE
COURTROOM, filed August 30, 2022, requesting cameras to be banned from future proceedings.‘
On September 8, 2022, several non-party media entities (“Media”) sought and obtained permission
fiom the Court to file as Interested Persons a RESPONSE to Defendant’s MOTION, arguing the Media
had at no time failed to comply with Orders of this Court governing media coverage of in-court
proceedings? On September 12, 2022, the State filed a CONCURRENCE with the Defendant’s
MOTION? On September 15, 2022, the Court heard argument on the issue at a hearing. Having
fully reviewed the record, relevant rules, and case law, and upon the request of Counsel, this Court
I. Background
A sacrosanct protection of the penal system in the United States of America is the insistence
to those accused of even the most severe crimes as set forth in
of? fair trial by an impartial jury
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1
MOT. To CLARIFY MEDIA IN THE COURTROOM. Aug. 30, 2022.
2
INTERESTED PERSONS’ RESPONSE r0 DEF.’s Mor. To CLARIFY MEDIA IN THE COURTROOM. Sept. 8, 2022.
3
STATES RESPONSE AND CONCURRENCE To DEF.’s Mor. To CLAREY. Sept. 12, 2022.
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The Court is presented today with a joint request from the Defendant and the State to
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request are several media entities who have argued that the First Amendment affords the media
court proceedings.
To be clear, no party has argued that the Court should fully prescribe media coverage of
this case by issuing a prior restraint on speech, such as a gag order on media
reporting. Rather, the
reqitest of the Defendant and the State, in its concurrence, is that the Court clarify or reconsider
the scope of the media’s activity authorized by the Court’s ORDER GOVERNING COURTROOM
The instant case has garnered significant media attention worldwide. The Court has
previously considered the “deluge of publicity” (Sheppard v. Maxwell, 384 U.S. 333, 357 (1966));
and upon determining that Idaho Criminal Rule 21(a) and Idaho Code Section 19-1801 applied,
the Court ordered a transfer of trial fiom Fremont County, Idaho, to the most populous county in
the State, Ada County, in order to mitigate the efi'ects of pretrial publicity and its detrimental
4
See also Idaho State Constitution. Art. I §§ 7, 13.
5
ORDER GOVERNING COURTROOM CONDUCT. April 14, 2022.
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considerations for trial courts to evaluate audio and visual coverage of public
proceedings in Idaho
courts:
I.C.A.R. 45(a). [...] The presiding judge maintains the right to limit audio/visual
coverage of any public hearing when the interests of the administration of justice
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requires. Authorization may be revoked at any time, without prior notice, when in
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the discretion of the court it appears that audio/visual coverage is interfering in any
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I.C.A.R. 45(b) The presiding judge may, at his or her discretion, limit, restrict, or
prohibit audio/visual coverage at any proceeding. Any decision regarding
audio/visual coverage is not subject to appellate review.
I.C.A.R. 45.
III. Discussion
First, the Court affirms that there is no indication that any orders relating to the conduct of
the media during hearings in this case, or the companion case, Fremont County Case No. CR22—
21-1623, State of Idaho vs. Chad Guy Daybell, have been violated. The Court has likewise
witnessed no misconduct on any part of the media during hearings in these cases. The presence
of media during the hearings has in no way interrupted those proceedings, and attending media
have been respectful and professional. Notwithstanding, the Court determines that the concerns
raised in the Defendant’s MOTION To CLARIFY MEDIA IN THE COURTROOM and the State’s
5
See Fremont County Case No. CR22-21-1623. MEM. DEC. 0N DEF.’S MOT. To CHANGE VENUE. pp 8—9. Oct. 8,
2021.Those findings are fully incorporated into this decision.
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“The trial judge has a major responsibility . . . the measures a judge takes or fails to take to mitigate the effects of
pretrial publicity may well determine whether the defendant receives a trial consistent With the requirements of due
process.” Nebraska Press Ass ’n v. Stuart, 427 U.S. 539, 555 (1976).
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The Court has carefully considered the arguments presented at the September 15, 2022
hearing on this issue, including the arguments of Mr. Wright, counsel for numerous media clients.
Subsequent to the hearing, and upon request of counsel, the Court also reviewed the video footage
The Court concurs with Defendant’s argument that the footage of the August 16‘“ hearing
demonstrates an inordinate focus on the Defendant, zooming onto her face throughout the vast
majority of the hearing, regardless of who was speaking or what was happening. This Court has
pretriously permitted cameras in the courtroom during this case, allowing both photography and
video transmission, “[b]ut when the case is a ‘sensational’ one tensions develop between the right
of the accused to trial by an impartial jury and the rights guaranteed others by the First
Amendment.” Nebraska Press Ass ’n v. Stuart, 427 U.S. 539, 551. Further, “[t]he capacity of the
jury eventually impaneled to decide the case fairly is influenced by the tone and extent of the
While the right to public access must be protected, the scope of the coverage cannot
supersede the rights of all parties to the fair administration of justice in this case. Courts have
historically struggled with the issue of permitting cameras in the courtroom. Going back decades,
cases have been overturned by the U.S. Supreme Court because of issues relating to extensive
media coverage? In this day and age, the problem is further exacerbated, where instantaneous
access to coverage provided by traditional media outlets is quickly rebroadcast, repackaged, and
reimagined. The Court has previously been made aware and continues to be informed that
Srisra’s CONCURRENCE p 2 n l
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9
Se‘e e. g. Estest v. Texas 381 U.S. 532 (1965); Sheppard V. Maxwell, 384 U.S. 333 (1966)
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All of this continues to occur in a case which has not yet been tried. 1°
The Court is very concerned that continued visual coverage of this case will
impede the
ability of the parties to select fair and unbiased jurors. While the Court has refrained from delving
into viewing the coverage in this case, the coverage is so extensive the Court has had to
proactively
avoid viewing it, as it is routinely part of local, and at times, national news. The affidavit submitted
by Mr. Wright confirms this, in that just one of Mr. Wright’s 30+ clients distributes footage fiom
hearings in this case “to dozens of media organizations and millions of viewers. . 3’“
In fully considering this decision, the Court notes that the media have raised a
compelling
issue: public access for the citizens of Fremont and Madison Counties. The excessive
coverage
of this case has already resulted in the Court’s determination that trial will be held in Ada County,
Idaho, as the Court has previously concluded that it would be unlikely to obtain an unbiased jury
pool within the home county of this case, Fremont County. It is unfortunate that local citizens,
inclilding citizens of both Fremont and Madison Counties, who bear the cost of this case and should
be given local access to this trial, should they wish to attend, now carmot do so without
inconvenience.
Upon full consideration of the arguments of the State and Defense, notably concurring with
each other, the Court is persuaded that further visual coverage of this case will run afoul of the
Court’s considerations as set forth plainly in I.C.A.R. 45. ‘2 That rule provides this Court discretion
to make this determination. I.C.A.R. 45(a) states, in part: “Audio/visual coverage is authorized
subject to the discretion of the presiding judge.” I.C.A.R. 45(b) states, in part: “The presiding
1°
ln 1976, SCOTUS established “[tlhe speed of communication and the pervasiveness of the modern news media
have exacerbated [the tension between the First Amendment and Sixth Amendment].
” DECL. or GRACE WONG. 11 6. Sept. 8, 2022
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Agreement between the State and Defense on any issue in a capital case is rare, further continuing to the Court the
legitimacy and level of concern counsel have raised.
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judge may, at his or her discretion, limit, restrict, or prohibit audio/visual coverage at any
proceeding.” The Court determines herein that continued visual coverage of this case poses a great
risk to the fair administration ofj ustice in this case, and Co—Defendant Chad
Daybell’s companion
case, which cases are joined for trial. Therefore, continued visual coverage will no longer be
permitted.
The Court determines that this decision applies to all future pre-trial motions and trial.
Where continued coverage of pre-trial motions will likely cause potential jurors to be biased,
disqualifying them from service, coverage during trial raises additional and equally serious
concerns. The Court will not risk the loss of seated jurors who may intentionally or inadvertently
review the very trial proceedings they are sworn to decide, where those jurors must make their
decision only upon the evidence presented at trial.” The Court will not risk the potential loss of
State or Defense witnesses who may intentionally or inadvertently become tainted by viewing the
trial proceedings before they testify, assuming their exclusion from the proceedings, as is regularly
ordered for material witnesses. The Court further is concerned that at trial the added and
unnecessary pressure witnesses and counsel will be subject to, knowing their every expression,
utterance and appearance will be captured and circulated without their control in perpetuity, is
unwarranted and will likely interfere with the fair administration ofjustice in this case. Subjecting
triallparticipants, including attorneys and witnesses, to that added pressure may unfairly influence
who may incorrectly question credibility based on the reactions to that pressure.
jurors
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Therefore, in the discretion of the Court, pursuant to I.C.A.R. 45(a) and (b), authorization
of all video and photographic coverage in the Courtroom in this case at all further proceedings,
‘3“The trial judge has a major responsibility . . . the measures a judge takes or fails to take to mitigate the effects of
pretrial publicity [] may well determine whether the defendant receives a trial consistent with the requirements of
due process.” Nebraska Press Ass ’n, 427 U.S. 539, 555 (1976).
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including trial, is revoked. Audio recording of all future proceedings will continue to be permitted,
with the Court utilizing the in-courtroom microphones operated by court personnel. Any third-
party recording will be subject to future approval, and if approved will be monitored to ensure that
microphones are located to ensure that unwarranted conversations between counsel and clients are
not recorded. Finally, in order to facilitate the attendance of the trial in Ada County by Fremont
County and Madison County citizens who wish to attend, and who have lost the ability to attend
in person without great inconvenience, the Court intends to provide enhanced access for Fremont
and Madison County residents by providing designated seating at trial in a manner to be further
determined.
IV. Conclusion
Defendant’s MOTION TO CLARIFY MEDIA IN THE COURTROOM, together with the State’s
CONCURRENCE and express requests to remove cameras from the courtroom is GRANTED.
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IT IS so ORDERED.
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%%M
gteven W.
Boyée/
District Judge
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CERTIFICATE OF SERVICE
I hereby certify that on this 3 ,3 day of September, 2022, the foregoing Order was entered and a
true and correct copy was served upon the parties listed below by mailing, with the correct postage
thereon, or by causing the same to be delivered to their courthouse boxes; by causing the same to
be hand-delivered, by facsimile, or by e-mail.
V.
Parties Served:
Lindsey Blake
gprosecutor(dlco.l'remont.id.us~
Robert H. Wood
mcppabcomadisonidus
Rachel Smith
[email protected]
A ttorneys for State ofIdaho
Jim Archibald
J imarchibaldZ l @gmailcom
John Thomas
[email protected]
Attorneys for Defendant
Steven Wright
steve@wright|awidaho.com
Attorney for Non-Party Media Entities Clerk ofthe District Court
Fremont County, Idaho
by AVA.)
uty Clerk
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