One justice calls Lori Vallow Daybell’s attorney a 'loose cannon' in murder appeal

One Idaho Supreme Court justice described defense attorney Mark Means as a "loose cannon" during oral arguments on Monday regarding Lori Vallow Daybell's murder appeal.

The justices heard arguments on whether removing Means from the case violated Vallow Daybell's Sixth Amendment right to counsel of her choice. Vallow Daybell is seeking to overturn her convictions for the deaths of her children, Joshua "JJ" Vallow and Tylee Ryan, and for conspiring to murder Tammy Daybell, the former wife of her husband, Chad Daybell.

The defense argued that the conflict of interest involving Means was not sufficiently established. Her attorney acknowledged that some of Means' conduct was unorthodox but maintained that this did not justify his removal. The defense asserted that the procedures used were unconstitutional rather than simply unconventional.

State attorneys defended the disqualification by pointing to evidence that Means represented both defendants in the murder case. An attorney from the Idaho attorney general's office cited a jail call in which Chad Daybell identified Means as his attorney. The state also noted that Daybell paid Vallow Daybell's legal fees and called Means when investigators found the children's remains on Daybell's property.

Justices questioned both sides about the judge's responsibility to protect Vallow Daybell's rights when an attorney's conduct could harm a defendant. The discussion also addressed Means' lack of qualifications to serve as counsel in a death penalty case, a stage Vallow Daybell faced during the proceedings.

Vallow Daybell did not attend the hearing in Boise.