BREAKING: Big development in Daybell case - could wrong day on indictment lead to dismissal?
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- Опубликовано: 15 май 2024
- #eastidahonews #daybell #truecrime
A big development in the Daybell case. The date of JJ's murder is wrong on the indictment and Judge Steven Boyce is asking the prosecution for answers. Nate Eaton explains.
My husband is prosecutor for the Dept of Justice in Oregon. He said it’s a writers error and all should be well. It will get taken care of.
Fingers crossed 🤞
That is such a relief to hear.
I pray that's the answer!!!!!
Yes!! No way this can hold water!
Thank you Kathy!
If this gets thrown out i will be down at the courthouse protesting. VERY LOUDLY. whos with me?
I'm with you!
I'm with you in spirit, but sadly in England in real life. Is there a portal? X
I wish I wasnt 3 hours away.
Trust me if I had a vehicle that was reliable hell even if I had a vehicle I would be there but I'm in Oklahoma and I have no vehicle I pray that you do get people to get down there and protest with you
Omg this would be a travesty
You cant drop a charge of murder against a child because of a typo That would be the worst miscarriage of justice ever!
You realize charges are dropped all of the time because of small errors.
Under the Constitution, if they got that wrong, they got a lot wrong. The man is Innocent until proven Guilty in a court of law, and oops, it's the law.
The judge gave his ruling on it. All is well!
Sally: yes. Thank you. A voice of reason.
Jesus , people love the drama . For Larry , please find a quiet place , gather yourself....all will be well. Walk away from the microphones. Your little guy will get Justice.
This is beyond ludicrous. The child was brutally murdered, buried in back yard and SSI checks stolen and the audacity of charges this horrendous be dropped over a typical. Our justice system is broken. 💯 % unacceptable. Justice will NOT be served if they dismiss this charge.
There is no justice for JJ if this charge is dismissed. Like this child wasn’t murdered. Like JJ’s life didn’t matter.
The case should be retried if the Judge won’t allow the amendment. The count SHOULD NOT be dropped. That “one charge” should NOT be dropped. That would be a huge slap in the face to JJ’s family, smh 🤬🤬🤬
He can still be convicted on conspiracy!
I don't understand why it matters so much because people have been sent to prison for murders and the EXACT date has not always been known.
They say "on or about" couldn't it stretch to 22nd?
If any charges are dismissed over a clerical error (that could easily be fixed) our justice system is even worse off than I thought.
True but as it stands, errors are underestimated in the court of law.
The written word matters. I was a legal secretary and paralegal for ten years. It’s stressful. Perfection is required. Nonetheless, I’m assured this will be resolved per Peter Tragos, Esq. Keep the faith, friends!!! 🙏😇⚖️
Agreed
@@Nurturing2I’ve worked in a few courthouses. It is stressful and I was amazed at how little some folks paid attention to accuracy. And in a case this big, there is just no excuse.
Legal issues like this STAND. People can't just go changing dates! THAT would also be unconstitutional if the defendant were innocent. Not that I in any way think that in this case!
Over a clerical error a death of a 7 year old boy could be dismissed. Disgusting. I'm so sad for the family
So glad the judge recognised it was a genuine error. So relieved for Kay and Larry that this was the outcome, they have been through somuch already.
UPDATE- 1st Degree M’der charge regarding JJ will STAND!
That would never happen.
@@BrendaCarrolllovesPalestineSo relieved for KAY, she's the grandmother, she raised the alarm, she helped with JJ. If not for KAY there wouldn't BE an investigation!
THIS IS ENRAGING!!! JJ was tortured, murdered and buried at the hands of L & C! He was buried on the evil cowards property! A TYPO is going to be the cause of this little angel not getting earthly justice??!?! THE COURT SYSTEM IS SICKENING!!!
If Chad is found guilty of all other charges, he’ll never live outside of prison the rest of his life. The jury heard overwhelming evidence of guilt, in my opinion.
Agreed. However, if it was your child or grandchild - dismissed DP murder charge would be absolutely imperative to closure and healing (if that's even possible). Guilt on JJ's murder would still be something I would absolutely understand if they (Kay & Larry) continue that pursuit. Best question to ask (yourself): if it was your child - what would you want pursued in the terms of justice.
True but JJ deserves justice and it is so not fair to Kay ,Larry and friends
These poor people 😢,
God willing. But OJ lived outside and I never thought he would.
And we will ne wr hear the e s of it
My heart is breaking for Kay and Larry please don’t allow this animal to let those charges dropped on JJ.
Please do not refer to Chad as an “animal”. He is a monster. Animals are NOT evil.
Come on. This is sooooooooooooop ridiculous. Absolutely awful
No matter what happens Larry- we all know who did it… we know.. and Chad will never ever ever see the light of day again!
YES! He IS GUILTY in the eye of public opinion!! Absolutely 100% NO DOUBT IN OUR MINDS!! CHAD DAYBELL IS GUILTY!!! Stay strong, WE HAVE YOUR BACK Larry and Kay and to the rest of the victims in this senseless tragedy.
Anyone in charge should feel deep shame. This is about the deaths of children!!!
WHAT??? How is this timing possible? Retrial on the murder of a child found with his poor little head in a plastic bag and duct taped mouth, thrown away among the bones of dogs and random, trespassing animals is a nauseating obscenity.
Justice for JJ
Justice for JJ!!!!
Oh please Lord, don't let this charge be dismissed, 🙏🏼🙏🏼
Judge Boyce is doing his best to overcome this issue. Praying for the Highest & Best outcome in this case. Justice for JJ. God's will be done. ❤🙏❤🙏❤🙏❤🙏❤🙏❤
Too close to that waterfall. Can’t hear Larry!😢😢😢
Thank you. Hey Nate move away from the water fall!
Traffic.
Give them a break. They're trying. I'm partially deaf and even I could hear most of it if I turned it up!!
Need subtitles
I've noticed this issue in other interviews recorded live outside the courthouse. They need to look into it. I'm going to click away for now.
JUSTICE FOR JJ!!
If this judge dismiss that charge on our sweet JJ then there is no such thing as justice in this world...
If they didn't ask permission to amend it, then the amendment should be thrown out. And Prior said he knew, and I think he should have pointed it out as an officer of the court.
Justice for J.J.!
Praying for Kay and you Larry. Pls stay strong.
❤
Somebody on the prosecution team dropped the ball and then NONE of the other TEAM MEMBERS caught it. Wow, what a sad day and disheartening! Somebody should have caught this error long before now.
Just like the loris trial where the death penalty was taken off the table
Time to higher a good proof reader👍
Didn't they have 4 years to dot the t's & check the i's ? This is ridiculous
@@LauraHarris-zv9ye Exactly!
@@82566 Really disappointed in prosecution team today.
Nate Eaton, how are YOU doing after all what has happened?
You have been there from the beginning searching for these precious children!
Much love to you from Sweden ♥️
And NO ONE caught this error over the many years since the initial indictment? NO ONE? Media, judge, court staff, prosecutors (S!!!! Plural!), defense, the public, podcasters????!!!!!!!!😮
Exactly
From what I understood the judge to say this is the amended indictment that was filed in February. He said the original indictment had the correct date.
Yes this was just amended in February
The mistake was made mid feb 2024 when an amendment was filed…
Prior caught it
The Judge knew about this since the beginning of the trial and waited until this afternoon to bring it to the attention of the parties?
Right? Why would he let that slide? 😢
That was my first thought as well
I got the impression he just realized as well. He had to wait and see what the evidence pointed to. I can’t imagine this won’t be allowed to be rectified.
His one of the best judges I have ever seen. He did the right thing by not saying anything prior to the end of trial. As much as I hate it.
Exactly!!!
Thank goodness for the judge’s ruling 🙏🏻❤️
JUSTICE FOR JJ!!!! Prayers for Larry and Kay!!!
😢😢😢My thoughts and prayers to Larry and Kay. Justice for JJ❤
The state screwed up on Lori's case and the judge took the death penalty away from her because of a state problem now we have this problem this is utterly unacceptable and ridiculous.
Thank you Nate! And for moving away from the waterfall. There is plenty of evidence that Chad will not walk. Justice for JJ. Chad will be charged for conspiracy to commit murder against precious JJ.
Larry and Kay, please take solace in the fact that Chad will be convicted for murdering Tammy and Tylee and that --the whole entire world --will always know that Chad murdered JJ too. His crime will not go unpunished!
I agree !! 👍👍
Scrivener's Error. Hopefully it will be fixed and the charges stand.
Incompetence is what makes serial killers walk.
In many ways and manners. Sheesh
this is how tHIS prosecution lost the death penalty on lori - misunderstanding a deadline. now another "misunderstanding"? if the charge stays the DP will be gone, just like with lori.
The word "incompetence" does not belong in this circumstance. This prosection has been almost flawless in their orgnization and presentation of complex and detailed circumstantial evidence in the state's case in chief during the last 6 weeks. Please don't do that. Scribner errors are not incompetence. Don't do that.
@@mjdelaney1 Thanks.
He will never walk! He may walk for the JJ charge which is a travesty but he will still get locked up for Tylee and Tammy! He will never see freedom again!!
This is an OUTRAGE.
They probably copied the Tylee count & forgot to change the date ! We are all human & mistake will be fixed.
Get LARRY an attorney to explain the rules of this ruling ASAP ! He and Kay are suffering enormously
Huge hugs to Larry and Kay bless Larry crying poor man has been through so much
PRYOR knew....he was looking so smug!!! Evil people. JJ needs justice. So innocent Jesus, please don't let them get away with this. 😭🙏💙
He is just as evil as Chad
I think it will be okay, and Boyce did the right thing to address it. According to the Department of Justice CRM 236, if the date was correct when submitted to the Grand Jury, then there is no change to the original evidence given. CRM 235 states... "The court may permit information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced."
So HOPE YOU"RE RIGHT!! You should apply for a job w/ ID prosecutors office ASAP!!!
@JoeLene...I hope you are right. Man, Judge Boyce's gotta fix this - and quick! Judge did say at the end of today's session - that there ARE provisions for this kind of thing...but didn't here him rule on it. Did he?
🙏 after I found and read both the Justice Department and then Idaho statues I figured he would rule there was no subitive change made that would alter what the Grand Jury heard evidence on. Validity was interesting but still leaned towards the State! Whew!
I gotcha! Fingers x'd. Do I EVER want to see Judge Boyce make Daybell & Prior stand up for HIS sentencing at the judgement of 12 Idahoans!!!!!!
@Kc10fiteng1 I'm an Idahoan, left Eastern Idaho in 2019 to flee oppression lol. Idaho justice is it's own kinda thing. It's a mixed bag! I wrote a thesis on Idaho Prisons and Justice System in 2017, if you knew the data you would be SHOCKED!
It’s is not fascinating it’s injustice.
This is stupid! They need to fix it and quit putting these poor people through all this!!!!! 💔💔
This is devastating how can he get away with jj being in his backyard
This is so heartbreaking. I haven’t seen Larry this down in a long time😢
Good lord. 4 years and nobody has the sense to read the paperwork????? And if this monster gets away with this I can’t even…………I’m so disgusted.
OMGOSH. This is HORRIBLE news. There have to be ways around this or other charges given!!!!!! JJ deserves to have his justice. My heart is absolutely broken for the families dealing with this.
My heart fell to the floor hugs for Larry ❤
Sending my prayers for justice for JJ,TYLIE AND TAMMY, CHARLES AND JOSEPH.
So glad you’re there and able to give us this update. Fingers are crossed for The murder charge to stay in place. 🤞🏻🙏
Surely that can’t happen for a slight mistake, what a waste of money and people’s time if it does and what a joke!
Not a waste of money or time for JJ
It's not a slight mistake.
A Typo shouldn't let Chad off. If there is a loophole around this, the prosecution team will find it. Praying this can be fixed! TYPO!
I am getting where I have no faith in our judiciary system
Everybody pray for JJ to get JUSTICE and for Larry and Kate.
I am going to cry. This is awful.
Nor something I do easily but this.... definitely tearful
How could you stand beside a loud waterfall, this is just horrible. We can't hear the poor man speak!
That one reporter always does stuff like that. Holds selfie cameras while walking and turning around. 😂 Poor kid is no pro yet.
I don't think that was Nate or Idaho news, it seemed Larry was already doing an interview. Side note... Larry was very upset and he is frail. He had to go sit down after talking. The interview wasn't planned so do you really think it was appropriate to make this man move somewhere else in his condition 🙄
This kid did not duct tape himself up and bury himself!!! wtf???
Unbelievable! How did no one see this until now. Whoever made this error, I hope is held accountable. It’s absolutely inexcusable.
This makes me sick. How, with a team that the state has, could a mistake like this happen.
This is just devastating. My hearts broken for Larry and Kay.
I think the key here is they are not amending the charge. They are amending the dates.
Heartbreaking! A clerical error? Really! John Prior with his smug face! 😠
It's a freaking circus 🎪
These Familys have been out through too.much Already ! Justice now for JJ💙🙏🙏
Hugs to Larry🙏🙏
Can you just imagine what the person who made the mistake and the person responsible to proof it are feeling very remorseful at this moment. Prayers for justice for JJ💙
They could lose their job
It’s a nightmare. I feel TERRIBLE for them. Long nights, lack of sleep. Perfection is required. Pray for the Prosecution Team & JJ. Keep the faith!!! 🙏😇⚖️
Ultimately on the prosecutors. In a case this big.....all four of them should have checked them individually. They are all human and this sucks. But there are 4 prosecutors. Prayers for all of them and that a typo will not hold justice back for JJ
Justice for JJ, Tylee, Tammy and Charles too! Chad and Lori Daybell are serial killers!
Another scrivener's error?! (It was a mistake in the paragraph number of the criminal code for one of the charges, the last time -- discovered _after_ the prosecution rested.)
I’m seeing a lot of posts referencing the State requesting the prosecution case be re-opened, the indictment be corrected and refiled, then the State will rest (closing the re-opened prosecution case).
The fact that prior was smug and smiling at judges comments makes me 🤮if that’s a win then how will your conscience find peace. That’s beyond lawyering that’s as warped a mind as the slug defendant
I can't hear what Larry is saying 😢
but still you understand.... be strong
It seems like they forgot to turn the mic on. 😢
Sound ia TERRIBLE ‼️
@@reticentrobin9481Nate has really been messing up on sound recently, so weird being he was spot on for so long.
Ludicrous!
Thankfully judge boyce is a logical judge. Chud will still face conviction.
Pawpaw you and Kay will get justice.. the charges will stand and the date will get corrected ❤️❤️❤️❤️❤️
So the dates for JJ in the indictment were mixed up with Tylee’s approximate time of death. Wow, this is sickening and the prosecution must be devastated.
How after 4 friggin years has this not been fixed?
Didn’t they say the error was in their amended indictment, which was filed this February?
It was done February not 4 years ago
It was the amended indictment filed in February. The judge said the original indictment had the correct date.
Motion to dismiss count 4 DENIED!!!!
WHERE DID YOU FIND IT?
@@amandacarroll7575 Watching Live Stream of court
@@ntibbs100 CAN YOU SHARE LINK CAN'T FIND IT AND THANKS 😊
@@amandacarroll7575 Judge Boyce's you tube channel, Court TV and others
Thank God, the judge chose the right way
I saw that and the look on Ms. Blake's face was pure horror! IDK how they are going to fix this. Once they have rested they cannot go back and correct their error. That's the law.
What!? 😲 Thats crazy
Makes me wonder if the judge was obligated to keep quiet about it until the state rested. Even so, I feel the State had enough to prove Tammy and Tylee's deaths, so I dont believe Chad is getting off. These court cases are wilder than the soap operas I used to watch.
The sound is poor, can't hear Larry.
Thank God Judge Boyce didn’t accept the move to acquit.
Thank God the judge ruled in favor pf prosecution!
Justice for JJ !! I’m praying 🙏🏻 and sending love ❤
This is unbelievable
With the number of prosecutors working on this case, as well as all of their paralegals and clerks -- plenty of eyes to check and double-check everything -- this should have NEVER happened. Don't forget, they also dropped the ball in Lori's case, which his why the DP had to be taken off the table.
Utterly ridiculous.
Poor Larry, this is so hard on him.
I can't hear anything. I have the sound all the way up. What I do here is all the trucks in the background.
Worst case count 4 (1st deg M’der of JJ) is thrown out.
Count 3 (conspiracy to M’der JJ) will stand.
I agree 💯
I gotcha - @North and @Idahomom...but...I want Judge Boyce to sort this typo out...! Not prepared for the little boy's murder to be thrown out by a careless clerk. His murderer who brought on JJ's shortened life has to be held accountable for it
@@kc10flteng1 I hope he does it in a way that won't get thrown out! And I agree 💯 that JJ deserves justice as much as anyone else murdered by these monsters!
My heart breaks for Larry. If CD gets off on that charge he still will not get away with it. The Lord knows and will deal with him in his time.
I can't believe this. Thank you Nate for breaking it down.
My heart is breaking
At least Boyce pointed it-out to avoid a mistrial.
My question. Why didn't he point it out sooner? Like before the trial started?
@@susanelizabeth2222Exactly. He heard Lori’s case, he knew the details.
@@susanelizabeth2222 I think it's rather unfair to blame the judge for the prosecutor's error.
A mistrail isn't a release of the defendant. They would just have to do a retrial.
@@joannecraft9842 More $$$$$$$$$$$$$$$$$$$$$$$
Justice for JJ. ⚖️🥰
It's almost impossible to hear. This is crushing. How much more can the man loose. We stand w you Larry.
We ❤ you larry
Don’t lose heart
Good has triumphed over evil!!!! It’s gonna be okay Larry !!!! ❤❤❤
The fact that Chad would likely be giggling and smirking at this development boils my blood! 😮
Have trust and faith in Judge Boyce he is a smart and fair Judge....If Boyce didnt catch this now they could have lost the conviction on appeal...Prayers for Larry & Kay Justice for J.J. , Tylee, and Tammy....
Just speechless 😶
My heart it’s breaking for Larry and Kay… I pray the Lord will see that justice is done for all of these victims. 🙏🏻🙏🏻🙏🏻
His cell mates won't let a clerical error save him from prison justice!!!
My heart is breaking for Larry and Kay. Please tell me this man will not walk free because of a clerical error!
He won't !!
Much love to you Larry and Kay. This is a real disappointment.. but I believe the people will decide that Chad should never walk among the living as a free man
PRAY. Pray and pray some more that justice for JJ (& Larry & Kay) happens!!!!!
Why did the judge not question this before now ? Respect dropping.