Audio recording that attorneys claim proves the special prosecutor in the trial of Lori and Chad Daybell coerced and intimidated Lori Daybell's sister was played during a hearing Wednesday. Defense attorneys Mark Means and John Prior urged Judge Steven Boyce last month to disqualify Madison County prosecutor Mark Wood from the case, arguing that prosecutorial misconduct took place, according to the East Idaho News.
Garrett Smith, the attorney representing Summer Shiflett, Lori's sister, secretly recorded a conversation between his client and Wood. Smith previously worked as a prosecutor in Maricopa County. The recording is from an October conversation. Smith was present during the entirety of the conversation but made no objections during the questioning, East Idaho News reported.
Wood is accused of attempting to "coerce, unduly influence, coach, and or intimate" Shiflet. Wood denies all allegations of prosecutorial misconduct
The audio reveals several pieces of information, including that prosecutors have a case against Chad, but a stronger case against Lori, the outlet reported. Also, Wood told Shiftlet during the recording that he plans to file conspiracy to commit murder charges against the Daybells.
It was also revealed that the FBI crime lab has possession of Tylee's body, and are working to determine her cause of death.
Both Chad and Lori Daybell are charged with concealment, alteration and destruction of the bodies of Lori's children, 7-year-old JJ and 16-year-old Tylee.
Asked by Prior whether the remarks made by Wood during the recording were "disparaging," Smith responded, "absolutely."
Judge Boyce has yet to make a decision regarding Wood's status.
There has also been a new date set for a separate trial regarding misdemeanor charges against Lori Vallow Daybell. She is charged with resisting or obstructing officers, criminal solicitation to commit a crime, and contempt of court, the outlet reported.
Prosecutors allege that Lori lied about her son, JJ's, whereabouts, claiming she was with a friend in Arizona. She had allegedly asked her friend, Melanie Gibb, to lie to authorities. The contempt charge relates to when Lori failed to comply with an order that asked her to produce her children, JJ and Tylee, to authorities.
The children's bodies were found in June 2020 buried on Chad Daybell's property.
They have not been charged with killing the children and have both have pleaded not guilty to all charges and deny all allegations of wrongdoing. They are set to go to trial this year.