Electronically Filed

3/4/2020 9:55 AM
Seventh Judicial District, Madison County
Kim Muir, Clerk of the Court
By: Angie Wood, Deputy Clerk

EDWINA E. ELCOX, ISB No. 8443

BRIAN L. WEBB, ISB N0. 7448
[email protected]
BRIAN WEBB LEGAL
971 E. Winding Creek Dr.
Eagle, Idaho 836 1 6
Telephone: (208) 33 1-9393
Fax: (208) 33 1-9009

MARK L. MEANS, ISB N0. 7530

mlmngeans-law.com
MEANS LAW AND MEDIATION
429 S.W. 5th Ave. Suite 110
Meridian, Idaho 83642
Telephone: (208) 794-31 11
Fax: (866) 228-3429

Attorneysfor Lori Norene Vallow

IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF MADISON

STATE OF IDAHO,
Case No.: CR33-20-0302

Plaintiff,
DEFENDANT’S REQUEST FOR
VS.
DISCOVERY TO PLAINTIFF

LORI NORENE VALLOW

AKA LORI NORENE DAYBELL,
Defendant.

PLEASE TAKE NOTICE that the Defendant, Lori Norene Vallow AKA Lori Norene

Daybell, by and through undersigned counsel and pursuant to Rule 16(b) of the Idaho Rules 0f

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF PAGE - 1

Criminal Procedure, hereby requests discovery and inspection ofthe following infomation, evidence

and materials:

1. Statement 0f Defendant. Permit Defendant t0 inspect and copy or photograph: any

relevant written 0r recorded statements made by Defendant, 0r copies thereof, Within the possession,

custody or control of the State, the existence of Which is known 0r is available to the prosecuting

attorney by the exercise of due diligence; and also the substance ofany relevant, oral statement made

by Defendant Whether before 0r after arrest to a peace officer, prosecuting attorney 0r his agent and

the recorded testimony 0f Defendant before a grand jury Which relates t0 the offense charged.

2. Defendant's prior record. Furnish Defendant such copy of Defendant's prior criminal

record, if any, as is then 0r may become available t0 the prosecuting attorney.

3. Documents and tangible objects (UNREDACTED COPIES). Permit Defendant to inspect

and copy or photograph unredacted copies of all books, papers, documents, reports,

photographs, tangible objects, buildings 0r places or copies or portions thereof Which are in the

possession, custody 0r control of the prosecuting attorney and which are material to the preparation

0f the defense or intended for use by the prosecutor as evidence at trial, or obtained from 0r

belonging t0 Defendant.

4. Any and all mobile data terminal (MDT) and/or mobile digital computer (MDC) records

and/or other data related t0 this incident.

5. Reports 0f examinations and tests. Permit Defendant t0 inspect and copy 0r photograph

any results or reports ofphysical 0r mental examinations and of scientific tests or experiments made

in connection with the particular case or copies thereofwithin the possession, custody or control of

the prosecuting attorney, the existence 0f Which is known 0r is available t0 the prosecuting attorney

by the exercise of due diligence. This request also extends to any and all notes, graphs, charts 0r

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF - PAGE 2

other preliminary data or findings 0f any type 0r kind performed during and in the course 0f such

scientific testing, or which in any way relates to the results 0f such tests provided.

6. Prosecution Witnesses. Furnish to Defendant a written list of names and addresses of all

persons having knowledge of relevant facts who may be called by the State as a Witness at trial

together With any record or prior felony convictions of any such person Which is Within the

knowledge of the prosecuting attorney or his agents.

You are herein specifically requested t0 comply fully and completely With Rule 16 (b)(6) of

the Idaho Criminal Rules by providing the true and correct address 0f each and every Witness Who is

not a law enforcement officer. In the event the State does not have an address for any persons

having knowledge of relevant facts related t0 this case, please provide any contact information the

State may possess. You are further requested t0 provide any statements made by the prosecution

witnesses or prospective prosecution witnesses to the prosecuting attorney or the prosecuting

attorney’s agents 0r t0 any official involved in the investigation 0f this case and/or any matters

related to this case.

You are also notified that, in the event your response t0 this discovery request does not

comply with the cited Rule, in that it fails t0 provide actual addresses for citizen Witnesses, the

undersigned attorney for the Defendant Will file a Motion t0 Compel Discovery without further

notice t0 you. By this Motion, the undersigned and will ask the Court t0 issue an order compelling

you to provide defense counsel With the addresses of all persons Who may be called as Witness by

you, awarding the Defendant reasonable attorneys’ fees and costs incurred in connection with the

filing, supporting and arguing of this Motion, and imposing such other further and additional

sanctions as are provided by the Idaho Criminal Rules 0r elsewhere in the laws 0fthe State ofldaho.

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF - PAGE 3

 You are also notified that your obligation t0 make timely compliance With the express

language of Rule 16(b)(6) of the Idaho Criminal Rules does not depend upon Whether or not you

receive a communication from the named Victim, and, should you fail, neglect or refuse to comply

with the Rule based 0n the failure of such person t0 communicate with you, this, too, shall constitute

grounds 0n Which the undersigned attorney for the Defendant Will file a Motion t0 Compel

Discovery Without further notice to you.

Further, you are notified that the blanket obj ection t0 providing witness addresses which you

now included in your discovery responses also fails t0 comply with the terms and conditions of

Idaho Criminal Rule 16 (b)(6), insofar as it seeks protective orders for all witnesses, absent any

particularized and specific showing 0f any need for a protective order.

You are accordingly notified that, in the event your response t0 this discovery request fails t0

provide witness addresses based on a generalized, non-specific policy 0f always refusing t0 provide

this information, the undersigned attorney for the Defendant Will file a Motion t0 Compel Discovery

without further notice to you and will seek all of the relief outlined above.

7. Expert Witnesses:

The Defendant requests the prosecution provide a written summary or report of any

testimony that the prosecution intends to produce pursuant to Idaho Criminal Rule 16(b)(7),

including the facts and data supporting the opinion and the witness’s qualifications.

8. Police reports (UNREDACTED COPIES). Furnish t0 Defendant unredacted copies of all

reports and memoranda in the prosecuting attorney's possession Which were made by a police officer

0r investigatory agent (including Victim-Witness coordinators employed either by the Boise City

Police Department, the Ada County Sheriff’s Office 0r the Ada County Prosecutor’s Office) in

connection With the investigation or prosecution 0f the case.

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF - PAGE 4

 You are herein specifically requested t0 comply fully and completely with all applicable sub-

parts ofRule 16 ofthe Idaho Criminal Rules by providing unredacted copies 0f all police reports and

reports of other investigatory personnel, including but not limited to Victim Witness Coordinators.

You are also notified that, in the event your response t0 this discovery request does not

comply With the cited Rule, in that the requested reports are redacted, the undersigned attorney for

the Defendant will file a Motion to Compel Discovery without further notice to you. By this

Motion, the undersigned and Will ask the Court t0 issue an order compelling you t0 provide defense

counsel With unredacted versions 0f all reports covered by this request, awarding the Defendant

reasonable attorney’ s fees and costs incurred in connection With the filing, supporting and arguing of

this Motion, and imposing such other further and additional sanctions as are provided by the Idaho

Criminal Rules or elsewhere in the laws of the State of Idaho.

9. Handwritten Notes. Furnish t0 Defendant any and all original handwritten notes 0r

memoranda of any agents of the State 0f Idaho Who participated in any way in the investigating,

arresting or prosecuting the Defendant in this case. This request extends to and includes any and all

Victim Witness Coordinators, whether employed by the Boise City Police Department, the Ada

County Sheriff” s Office 0r the Ada County Prosecutor’s Office, who have had any meetings, phone

calls or other contact with any individual who is deemed 0r considered t0 be “a” 0r “the” Victim in

this case. This request applies Whether 0r not the original handwritten notes or memoranda have

subsequently been included in another written report.

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF - PAGE 5

 Furnish to Defendant the original handwritten notes or memoranda of any agent 0f the

government regarding any of the statements made by prospective Witnesses, Whether 0r not the

original notes have subsequently been included in other written reports.

10. Furnish t0 the Defendant unredacted copies 0f any and all digital media and identify

Whether the unredacted digital media contains protected information as defined by I.C.R. 16(d)(1).

The Defendant hereby requests the consent of the prosecuting attorney t0 permit the Defendant to

review the unredacted digital media in the presence 0f defense counsel 0r defense counsel’ s agent(s).

In the event the prosecuting attorney determines that the digital media contains protected information

that requires redaction, the Defendant hereby requests that the prosecuting attorney provide a

redacted copy of any and all digital media that can be reviewed and retained by the Defendant.

Pursuant t0 I.C.R. 16(9)(B), the Defendant specifically requests that the prosecuting attorney provide

a written explanation of the information that was redacted.

11. Brady Materials. Furnish t0 Defendant any and all other, further 0r additional material

of Whatever type or kind, Which is or may be exculpatory, which tends to negate the guilt of the

accused as t0 the offense charged, which would tend t0 reduce the punishment therefore, or which is

otherwise discoverable Within the meaning ofBrady v. Maryland, 373 U.S. 83 (1963), including, but

not limited to the following:

(a) The results oftests, experiments, examinations, searches 0r seizures, Which produced

evidence favorable t0 the defendant 0r failed to produce evidence tending to incriminate the

defendant;

(b) The name(s) 0f any other person considered a possible suspect in the case and/or any

evidence (including, but not limited t0, statements ofperson interviewed by investigative agents in

connection With this case which include the names 0f other persons connected with the commission

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF - PAGE 6

ofthe offenses with which Defendant is charged) which in any way indicates that other persons may

have committed, or aided in the commission 0f, these crimes;

(c) Any evidence in this case Which the government has intentionally or inadvertently

destroyed, or for Whatever cause, n0 longer has Within its possession. Brady v. Maryland, 373 U.S.

83 (1963);

(d) Any evidence, information, testimony, transcripts, or statements indicating that any

prospective prosecution Witness 0n any occasion has given false, misleading, 0r contradictory

information regarding the charges at bar 0r any other matter t0 any persons, including those involved

in law enforcement and their agents or informers, or has engaged in perjury before any court;

(e) Any evidence, information, testimony, transcripts, 0r statements indicating or

showing that the complaining Witness is not a truthful person 0r is a threatening, aggressive, 0r

assaultive person;

(f) Any evidence, information, testimony, transcripts, 0r statements indicating that any

prospective prosecution Witness has given a statement which contradicts that of another potential

prosecution Witness;

(g) The existence and substance 0f any deals or understandings entered into between any

law enforcement agency and any prospective Witness to this incident;

(h) Any evidence, information, testimony, transcripts, or statements indicating that any

Witness is biased or prejudiced regarding the defendant or any case in any way. United States v.

Bagley, 473 U.S. 667 (1985).

12. Any statements made by the prosecution witnesses, prospective prosecution

Witnesses, 0r any other person t0 the prosecuting attorney 0r the prosecuting attorney's agents 0r to

any official involved in the investigation of the case.

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF - PAGE 7

 13. Dispatch Tapes. Furnish Defendant with tape recorded copies of any and all calls

made t0 0r from any law enforcement dispatch in connection With this case.

IT ISPARTICULARLY IMPORTANT THAT THE PLAINTIFF RESPOND TO THIS REQUEST

AS SOON AS POSSIBLE, GIVEN THAT THE TAPES OF ADA COUNTY LAW
ENFORCEMENT DISPATCH CALLS ARE ROUTINELY ERASED, DESTROYED OR
OTHERWISE MADE UNAVAILABLE AFTER THIRTY DAYS. THEREFORE, IF A PROMPT
RESPONSE TO THIS PARTICULAR REQUEST IS NOT MADE, THERE IS A HIGH
LIKELIHOOD THAT MATERIALS TO WHICH THE DEFENDANT IS ENTITLED WILL BE
DESTROYED, IN VIOLATION OF BRADY V. MAR YLAND, SUPRA. IF THE DISPATCH TAPE
IS DESTROYED, THERE IS A HIGH LIKELIHOOD THAT THE DEFENDANT, THROUGH
COUNSEL, WILL MAKE A MOTION SEEKING SANCTIONS, WHICH COULD INCLUDE
THE DISMISSAL OF THIS ACTION, AND BASE THIS MOTION ON THE FAILURE OF THE
STATE TO PRESERVE POTENTIALLY EXCULPATORY INFORMATION. IN SUCH CASE,
THE FACT THAT THE DEFENDANT TIMELY REQUESTED THAT THIS TAPE BE
PRESERVED, AND IT WAS NOT, WILL BE BROUGHT TO THE ATTENTION OF THE
COURT.

This request extends to and includes, but is not limited t0 the following:

(a) Calls made by any person Who is not a law enforcement officer 0r in the employ of
any law enforcement agency, to dispatch for the purpose ofreporting a crime or their
belief that a crime had happened, was happening, 0r was about t0 happen.

(b) Callsmade by any person who is not a law enforcement officer 0r in the employ of
any law enforcement agency, to dispatch for the purpose of making any report
whatsoever concerning the conduct or activity of this Defendant, Whether or not the
person believed that such conduct constituted a crime.

(c) Calls made by any person Who is a law enforcement officer or in the employ 0f any
law enforcement agency, t0 dispatch for the purpose 0f reporting a crime, or their
belief that a crime had happened, was happening, or was about to happen.

(d) Callsmade by any person who is a law enforcement officer or in the employ of any
law enforcement agency, to dispatch for the purpose of making any report
whatsoever concerning the conduct or activity 0f this Defendant, whether or not the
person believed that such conduct constituted a crime.

(e) Calls made by dispatch to any law enforcement officer 0r person in the employ of
any law enforcement agency, in response t0, in connection with, 0r as a result 0f any
call 0r calls received by dispatch from any person or persons (Whether or not the
person making such call into dispatch was a law enforcement officer 0r person in the
employ of any law enforcement agency).

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF - PAGE 8

 (f) Calls made by any law enforcement officer or any person in the employ of any law
enforcement agency
0r message
m dispatch, after such officer or person had first received a call
FROM dispatch, directing them t0 take any action Which brought them
into contact with the Defendant, directing them to respond t0 a place where the
Defendant was known or suspected to be, or directing them to respond to any
situation where they did in fact encounter the Defendant 0r some person Who
directed them to the Defendant.

(g) Calls made by any law enforcement officer or person in the employ 0f any law
enforcement agency
or message FROM
m
dispatch, after such officer or person had first received a call
any other law enforcement officer or person in the employ of a
law enforcement agency, Who had, in their turn previously received a call FROM
dispatch, directing them to take any action Which brought them into contact with the
Defendant, directing them t0 respond t0 a place where the Defendant was known 0r
suspected t0 be, 0r directing them t0 respond t0 any situation where they did in fact
encounter the Defendant or some person Who directed them to the Defendant. (By
this subparagraph, Defendant is requesting tapes 0f calls made by an officer or other
law enforcement employee back t0 dispatch, after such officer 0r person responded
t0 a callfrom a different officer 0r person Who had received a direct call from
dispatch).

14. Other Crime(s) Evidence. Inform Defense Counsel, in writing, as t0 Whether or not

the State 0f Idaho intends t0 introduce any evidence 0f "other crimes, wrongs 0r acts" in addition t0

the crimes charged against the Defendant in this Complaint. If so, provide the following:

(a) The date(s), time(s) and place (s) of the crime(s), wrong(s), 0r act(s);

(b) A description of the crime(s), wrong(s) or act(s) involved;

(C) The names, addresses and telephone number of all individuals involved in the
crime(s), wrong(s), or act(s) as either principals, accomplices, Victims or Witnesses;

(d) The purpose 0f which the State 0f Idaho intends t0 introduce such evidence. (See

Rule 404 of the Idaho Rules 0f Evidence).

15. Tape Recordings. Disclose and Furnish to Defense Counsel the following:

(a) Whether Defendant has been the subj ect 0f electronic surveillance, eavesdropping,
wiretaps and/or other recordings (both audio and/or Visual);

(b) Whether any application was made t0 any court for authorization t0 intercept 0r
record any conversation by Defendant, any conversation related t0 Defendant, and/or

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF - PAGE 9

 any communication instrument controlled, owned or used by Defendant, and, if any

such application was made, produce a copy thereof;

(c) Whether any order authorizing surveillance, eavesdropping, wiretaps 0r other

recordings were granted, if any such order was issued, produce a copy thereof; and

(d) Produce copies of any and all recordings 0f intercepted conversations, statements,
and/or other activities of Defendant, and all logs, memoranda, and transcripts relating
t0 such intercepted conversations, statements and /or other activities.

16. Other Information. Furnish Defendant With any and all other further or additional

material ofwhatever type 0r kind, t0 which Defendant is 0r may be entitled by Virtue

0f Idaho Criminal Rule 16 and any case law interpreting 0r construing that rule.

DATED this 4th day of March, 2020.

BRIAN WEBB LEGAL

vQy/p
By:
EDWINA E. ELCOX, of the firm
Attorneys for Defendant

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF - PAGE 10

 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 4th day of March, 2020, I caused to be served a true copy
of the foregoing document by the method indicated below, and addressed to those parties marked
served below:

Served Par_ty Counsel Means of Service

g Plaintiff Madison County Prosecuting Attorney g eFile/Email

159 E. Main St.

P.O. Box 350

Rexburg, Idaho 83440
[email protected]

WC
Angela L. Piccola

DEFENDANT’S REQUEST FOR DISCOVERY TO PLAINTIFF PAGE - 11