Chad Daybell fights for death penalty removal, cites unfair treatment in court documents

BOISE, Idaho (CBS2) — Chad Daybell wants the death penalty to be removed, according to new court documents.

Daybell is charged with murder in the death of his first wife, Tammy Daybell and his wife, Lori Vallow Daybell's, children. The bodies of 7-year-old JJ Vallow and 16-year-old Tylee Ryan were discovered on his property in eastern Idaho. He has pleaded not guilty.

Judge Steven Boyce severed Chad and Lori's trials after Chad waived his right to a speedy trial. Judge Boyce then took the death penalty off the table for Lori. She was convicted of all charges and sentenced to life without parole.

John Prior, Daybell's attorney, filed several motions on Thursday. In one of the Motions to Strike the Death Penalty, Prior argues it's unfair that Chad still faces the death penalty while Lori did not.

"In this case, there is a single distinguishing feature that explains why the State continues to seek the death penalty against Mr. Daybell even after it was struck against Ms. Vallow—Mr. Daybell waived his right to a speedy trial. Willingness to waive speedy trial rights cannot constitutionally be the deciding factor in who lives and who dies," the motion states.

Chad's trial is scheduled to begin in April of next year.

You can read the motions here:

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