REVEALED: Audio recording of special prosecutor telling Lori Vallow's sister he was planning to file conspiracy to commit murder charges against cult mom and husband Chad Daybell - as defense seeks to remove him from case
Audio footage has emerged of a special prosecutor telling Lori Vallow's sister he planned to file conspiracy to commit murder charges against the cult mom and her husband Chad Daybell, after he was accused of coercing and intimidating the witness in the high-profile case.
Vallow and doomsday author Daybell are both jailed on charges of conspiracy to hide the remains of her children, 16-year-old Tylee and seven-year-old Joshua 'JJ' Vallow, who vanished from Rexburg, Idaho, in September 2019 but were never reported missing by their mother.
A multi-state search was launched two months later in November 2019 after relatives contacted police and said they hadn't heard from the children in months. The search came to a devastating end in June when JJ and Tylee's bodies were found buried on Chad's property in Salem, Idaho.
However neither Chad nor Lori have been accused of harming their children Tylee or JJ.
Vallow's attorney Mark Means last month filed a motion to disqualify prosecuting attorney Rob Wood over allegations he committed 'prosecutorial misconduct' by coaching her sister and witness Summer Shiflet, who he met in Arizona in October.
Means alleged in court documents that Wood's conversation with Shiflet - which KPVI reports was secretly recorded by her attorney - violated Vallow's rights to a fair trial.
The recording was presented during a court hearing in Fremont County, Idaho on Thursday as part of the defense's bid to remove Wood from the case.
A recording of the conversation was presented during a court hearing in Fremont County, Idaho on Thursday as part of the defense's bid to remove special prosecutor Robert Wood from the case
Lori Vallow (left) and her fifth husband Chad Daybell (right) are both behind bars awaiting trial on charges of conspiracy to hide the remains of her children. However they have not been officially accused of murdering them
'I'm just going to tell you right now that we are going to be filing conspiracy to commit murder charges for both Chad and Lori,' Wood says in the clip obtained by KPVI.
'What's the weight of that in terms of, is that a death penalty thing?' Shiflet asks, to which he replies: 'It is a death penalty case in Idaho.'
When asked if he was planning to seek the death penalty he says: 'We sure hope we don't. A lot of that will depend on her.'
At one point during the 18-minute conversation, Shiflet admits it felt 'weird' being on 'the prosecution's side and the defense's side at the same time because I love everybody.'
Wood's remarks in the audio recording marked the first time possible murder charges had been mentioned in the case, the news station reported.
Vallow is facing two felony counts of conspiracy to destroy or conceal evidence, as well as three misdemeanor counts of resisting or obstructing officers, solicitation to commit a crime and contempt of court.
Daybell is also charged with two felony counts of conspiracy to destroy or conceal evidence, along with two other felony counts for destruction or concealment of evidence.
Vallow's defense attorney Mark Means last month filed a motion to disqualify prosecuting attorney Rob Wood (pictured) over allegations he committed 'prosecutorial misconduct' by coaching Vallow's sister and witness Summer Shiflet
Summer Cox Shiflet is shown in the above image with Vallow's daughter, Tylee, shortly before the girl's death
In this aerial photo, investigators search for human remains at Chad Daybell's residence in the 200 block of 1900 East in Salem, Idaho on June 9
Authorities have yet to say how the children died, or whether homicide charges will be filed in the future.
Both defendants pleaded not guilty and have maintained their innocence.
During a hearing on the matter on Friday, Daybell's defense attorney John Prior described Wood's conversation with Shiflet as 'completely unethical', KVTB reported.
'I can not think of any situation that is more egregious than a prosecuting attorney that would go in and interview a witness and for 20 minutes not interview the witness but rather offer a monologue of what his theory is of the case, disparage counsel, disparage the defendant and manipulate,' he said.
Means also argued against allowing Wood to remain on the case claiming it would set a 'dangerous precedent.'
Wood, meanwhile, has maintained he acted appropriately.
Prosecutor Troy Evans defended Wood saying there was 'no evidence to present that [he] directed [Shiflet] to say anything other than tell the truth.'
Vallow is now gearing up to face trial alongside Chad after a judge ruled that their cases should be combined last month.
The hearing was expected to resume on Friday afternoon, local time.
It comes after Means in December had also accused Wood of violating Vallow's rights after 'discussing matters that support the state's position of the case,' with another witness, Zulema Pastenes, at around the same time.
'The prosecutor engaged in coercive, unduly influence, coaching, and intimidating tactics to manipulate a material witness in this case,' Means wrote of Wood, adding that he believes the alleged conduct could constitute witness tampering.
Vallow and her defense team claim that Wood's purported conduct has violated her rights to a free and fair trial.
They further asserted that Wood has breached the Idaho Rules of Professional Conduct and the American Bar Association (ABA) rules, and that he is now a material witness to the case, among other allegations.
16-year-old Tylee and seven-year-old Joshua 'JJ' Vallow vanished from Rexburg, Idaho, in September 2019 but were never reported missing by their mother
The motion, if granted by a judge, would disqualify Wood as the prosecutor, make him a material witness, allow subpoenas for audio copies of the conversations in question, waive all fees and costs for filing the motion, and make the audio recording admissible evidence at trial.
The attorney added that the defense will be seeking 'additional remedies which shall be detailed during the hearing on this motion, if appropriate.'
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