Chad Daybell’s attorney files motion to dismiss case

ST. ANTHONY, Idaho (CBS2) — Chad Daybell’s attorney has filed a motion asking the judge to drop his entire client’s case citing insufficient evidence.

East Idaho News reported that John Prior filed a motion Thursday saying not enough evidence was presented at Daybell’s preliminary hearings on Aug. 3 and 4.

“The charges are not supported by the evidence and duplicative as allegations against the defendant,” Prior wrote in the motion to dismiss. “Further, the prosecution has yet to present evidence to support when the alleged acts is (sic) supposedly to have taken place and if the defendant acted in any manner to support the allegations.”

Daybell has been charged with two felony counts of destruction, alteration or concealment of evidence and two felony counts of conspiracy to destroy, alter or conceal evidence.

His jury trial is set to run from Jan. 11 to 29 in Fremont County.

The charges came after the remains of Lori Vallow Daybell’s children were found on his property in June. She has also been charged in relation to the case and will be arraigned on Sept. 10.