Daybell trial comes to brief halt over discussion on whether prosecutor can be called as witness
BOISE, Idaho (ABC4) — Can a prosecutor in a trial also be called as a witness in that same trial? And can text messages between that prosecutor and another witness be used as evidence? Those questions brought the Chad Daybell murder trial to a brief halt this afternoon in a last-minute hearing in a Boise courtroom.
The issue goes back to March when Chad Daybell’s defense attorney, John Prior, attempted to subpoena prosecutor Rob Wood as a witness in the trial. The reasoning, as confirmed by Prior in court today, is that the defense wants to use 340 text messages between Wood and future witness Melanie Gibb as evidence. Those texts were sent over a “seven- or eight-month period,” Prior said in court today. Judge Steven Boyce had previously quashed this request based on the information currently available.
CONTEXT: Timeline of Daybell case
Melanie Gibb is considered to be a key witness in the trial. Gibb is a former friend of Lori Vallow Daybell, Chad Daybell’s wife. Lori Daybell has already been convicted on her portion of the charges and will serve life in prison after her trial in 2023. She is appealing her case and currently faces a second trial in Arizona over the death of her estranged husband and her niece’s ex-husband.
The prosecution team, led by Lindsey Blake, asked the court to get into the matter now before the trial goes too far.
The jury was not present for the hearing.
Can a prosecutor be called as a witness?
In short, yes. But it’s incredibly unlikely, highly frowned upon, and can only be done in very narrow circumstances.
Judge Steven Boyce explained in his ruling that a prosecutor could potentially be called as a witness if they were, in fact, the only person who could speak to certain facts. As things currently, stand, however, Boyce upheld his previous decision of not allowing Wood to take the stand in this case.
Prior calls hearing ‘tactical’ and ‘paranoid’
Lead prosecutor Lindsey Blake explained that her team did not want the trial to continue without addressing the matter. She said her team’s fear is that the trial progresses and the defense creates a situation where they are required to put Wood on the stand to make their case. Blake attempted to argue that the judge should limit that evidence, and if it is allowed, to limit certain kinds of examinations over it.
Blake attempted to argue that the text messages could create a situation where Wood would have to be on the stand, creating a confusing situation for jurors and even the possibility of a mistrial.
Who’s who in the triple-murder trial of Chad Daybell
Prior told the judge today he has no intention of violating the court order previously handed down by Boyce. He confirmed he has no intention of putting Wood on the stand. He countered with the argument that prosecutors were instead trying to “handcuff” him from using the text messages as evidence in the case by raising the threat of calling Wood as a witness.
Prior argued vigorously that Idaho law allows him as a defense attorney to use the text messages as evidence. Jurors, he argued, have the right to decide the credibility of witnesses. He stated that he currently has no intention of putting Wood on the stand, and he felt the hearing was a “tactic” by the prosecutors to suppress the texts.
“There is no scheme, and it sounds a little paranoid to me,” said Prior.
He called Melanie Gibb a key witness in the trial.
Boyce leaves door open
Boyce’s ruling seemed to give both parties something while not definitively deciding anything.
Boyce stated that until Melanie Gibb testifies, he can’t make a definitive ruling. If Melanie Gibb were to change her testimony from previous court proceedings or if she were to contradict herself on the stand, the evidence could be quite necessary. Boyce admitted that he hasn’t read — and due to the demands of the case probably will not immediately read — the text messages in question.
While Boyce said he currently does not intend to allow Wood to take the stand — a win for the prosecution team — he couldn’t 100% rule it out. It would depend on how the trial unfolds. At the same time, he couldn’t deny Prior’s use of the text message — a win for the defense — but the court reserves the right to be able to determine how relevant those text messages are to the trial.
ABC4.com will continue its daily coverage of the Chad Daybell trial.
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