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    Lori Vallow - Motion To Disqualify Prosecuting Attorney Motion To Extend Time On Motion To Dismiss

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    kalookallay
    This motion seeks to disqualify the special prosecutor Robert Wood from the criminal case against Lori Vallow based on alleged prosecutorial misconduct. Specifically, the motion alleges that audio recordings show Wood attempting to coerce, influence, coach, and intimidate two material witnesses (Summer Shiflet and Zulema Pastenes) in October 2020. The motion argues this violates Vallow's right to a fair trial and that Wood has become a necessary witness. It requests Wood be disqualified and directed to take no further action in the case. It also seeks to submit the audio recordings as evidence and requests an in-person hearing that is recorded.

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    © All Rights Reserved
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    Lori Vallow - Motion To Disqualify Prosecuting Attorney Motion To Extend Time On Motion To Dismiss

    Uploaded by

    kalookallay
    133 views4 pages
    This motion seeks to disqualify the special prosecutor Robert Wood from the criminal case against Lori Vallow based on alleged prosecutorial misconduct. Specifically, the motion alleges that audio recordings show Wood attempting to coerce, influence, coach, and intimidate two material witnesses (Summer Shiflet and Zulema Pastenes) in October 2020. The motion argues this violates Vallow's right to a fair trial and that Wood has become a necessary witness. It requests Wood be disqualified and directed to take no further action in the case. It also seeks to submit the audio recordings as evidence and requests an in-person hearing that is recorded.

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    Lori Vallow - Motion to Disqualify Prosecuting Attorney Motion to Extend Time on Motion to Dismiss

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    This motion seeks to disqualify the special prosecutor Robert Wood from the criminal case against Lori Vallow based on alleged prosecutorial misconduct. Specifically, the motion alleges that audio recordings show Wood attempting to coerce, influence, coach, and intimidate two material witnesses (Summer Shiflet and Zulema Pastenes) in October 2020. The motion argues this violates Vallow's right to a fair trial and that Wood has become a necessary witness. It requests Wood be disqualified and directed to take no further action in the case. It also seeks to submit the audio recordings as evidence and requests an in-person hearing that is recorded.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    133 views4 pages

    Lori Vallow - Motion To Disqualify Prosecuting Attorney Motion To Extend Time On Motion To Dismiss

    Uploaded by

    kalookallay
    This motion seeks to disqualify the special prosecutor Robert Wood from the criminal case against Lori Vallow based on alleged prosecutorial misconduct. Specifically, the motion alleges that audio recordings show Wood attempting to coerce, influence, coach, and intimidate two material witnesses (Summer Shiflet and Zulema Pastenes) in October 2020. The motion argues this violates Vallow's right to a fair trial and that Wood has become a necessary witness. It requests Wood be disqualified and directed to take no further action in the case. It also seeks to submit the audio recordings as evidence and requests an in-person hearing that is recorded.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Electronically Filed

    12/15/2020 2:55 PM
    Seventh Judicial District, Fremont County
    Abbie Mace, Clerk of the Court
    By: Shannon Cook, Deputy Clerk

    1 Mark L. Means (ISB 7530)


    MEANS LAW and MEDIATION
    2 MEANS-LAW
    429 SW 5th Ave, Suite 110
    3 Meridian, ID 83642
    Telephone: 208.794.3111
    4 Facsimile: 1.866.228.3429
    Email: [email protected]
    5 Icourt Email: [email protected] & [email protected]
    Website: www.means-law.com
    6 Attorney for LORI NORENE (DAYBELL) VALLOW
    7 IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF
    THE STATE OF IDAHO, IN AND FOR THE COUNTY OF FREMONT
    8

    9
    STATE OF IDAHO, Case No: CR22-20-0838
    10 PLAINTIFF
    MOTION TO DISQUALIFY PROSECUTING
    11
    Vs. ATTORNEY
    12
    LORI NORENE VALLOW AKA LORI NORENE MOTION TO EXTEND TIME ON MOTION TO
    13 DAYBELL, DISMISS
    DEFENDANT
    14

    15 DOB: 1973

    16
    COMES NOW the above-named DEFENDANT, Mrs. Lori Norene Vallow (Daybell) by and
    17

    18 through her Attorney of Record, Mr. Mark L. Means of Means Law Office, PLLC, and move this

    19 Honorable Court for an order disqualifying and removing the special counsel Mr. Robert Wood
    20
    from this Criminal case and that he be directed that he is not to take any further action
    21
    regarding any matter as it pertains to this case. The Court has and is granted the inherent
    22
    authority to remove the prosecutor on many grounds. Counsel for said Defendant moves this
    23

    24 Court for this Order as Mr. Wood has committed prosecutorial misconduct. This misconduct

    25 further supports Defendant’s motion to extend time to dismiss to allow the Defense to amend
    26
    its motion and present the newly acquired additional evidence, that was not included in any of

    PG. 1
    1 the State’s discovery responses, including but limited too the most recent discovery responses
    2
    provided the Defense.
    3
    GROUNDS OF MOTION: Said motion is based upon a recently received audio recording
    4
    between Mr. Robert Wood and the material witness, Summer Shiflet (biological sister of said
    5

    6 Defendant) that occurred in October 2020. The recording clearly illustrates Mr. Wood’s

    7 attempt to coerce, unduly influence, coach, and or intimidate said material witness to this case.
    8
    In addition, an audio recording of Mr. Wood interviewing another material witness,
    9
    Zulema Pastenes, also at or around the same time (October 2020) discussing matters that
    10
    support the state’s position of the case, etc.
    11

    12 Defense asserts the following:

    13 1. The prosecutor misconduct violated the due process rights to the Defendant’s Idaho
    14
    and U.S. Constitutional right to a fair and impartial trial. The prosecutor engaged in
    15
    coercive, unduly influence, coaching, and intimidating tactics to manipulate a
    16
    material witness(es) in this case.
    17

    18 2. The prosecutor in this case violated the Idaho Rules of Professional Conduct as well

    19 as the ABA rules by his actions, statements, and the like detailed on said audio tape.
    20
    3. The prosecutor’s misconduct could be construed under the witness tampering and
    21
    witness intimidation statutes as criminal acts.
    22
    4. The prosecutor’s misconduct has made him a material and necessary witness in this
    23

    24 criminal case. Further the defense intends to file additional motions as to it relates

    25 to this evidence and intends to subpoena the prosecutor as a witness to support


    26
    these motions, future motions, and at the trial itself.

    PG. 2
    1 5. The prosecutor’s misconduct has caused the potential for future civil directed at or
    2
    involving Fremont County, Madison County, as well as the prosecutor and any and
    3
    other entitles involved or associated with this misconduct.
    4
    6. The prosecutor’s misconduct has included concealing evidence in violation of Brady
    5

    6 and the Rule 16 of the Idaho Rules of Criminal Procedure.1

    7 Defendant through her counsel moves this Court for an Order disqualifying Robert
    8
    Wood as prosecutor in this matter and that he be directed that he is to take no further action in
    9
    this case in any manner. That Mr. Wood be directed that he is to appear as a witness in the
    10
    hearing set for this Motion. That this Court allow/grant for out of state subpoenas of the other
    11

    12 parties to the audio recording. That the Court grant as sanction all fees and costs in having to

    13 present this Motion. That defense shall seek additional remedies which shall be detailed during
    14
    the hearing on this motion, if appropriate. That the Defense be permitted to submit this audio
    15
    recording as evidence in this hearing to support this motion. Defendant respectfully requests
    16
    that this hearing be conducted in person and that the proceeding be recorded, unsealed, and a
    17

    18 transcript of such proceedings be ordered.

    19 DATED this 15 day of December 2020.


    20

    21 Mark L. Means
    Advocate for Mrs. Lori Norene Vallow (Daybell)
    22

    23

    24

    25

    26 1 Please note that this list is not exhaustive and any and all other grounds
    relevant to this motion are reserved.

    PG. 3
    1 CERTIFICATE OF SERVICE
    2
    The undersigned certifies that on this 15 day of December 2020, I caused a
    3 true and correct copy of the FOREGOING document to be forwarded by the method(s)
    indicated below, to the following:
    4
    MADISON COUNTY PROSECUTING ATTORNEY x Efile
    5
    Email: [email protected]
    6
    Mr. John Prior x Efile
    7 Email: [email protected]

    8
    DATED this 15 day of December 2020.
    9

    10 Mark L. Means
    Advocate for Mrs. Lori Norene Vallow (Daybell)
    11

    12

    13

    14

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    PG. 4

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