Phoenix Defense Attorney Josh Kolsrud Explains How Lori Vallow Daybell Could Land a New Trial

Late last week, Lori Vallow Daybell—better known in the headlines as the “doomsday mom”—filed a motion seeking a brand-new trial after her recent conviction for conspiring to murder her fourth husband in Chandler. The centerpiece of her motion? An allegation that at least one juror knew about her earlier Idaho murder convictions before the jury returned its guilty verdict.

Veteran criminal defense attorney Josh Kolsrud, who closely followed the trial and pored over Daybell’s new filing, says that claim may be the most potent path forward for Daybell’s legal team.

Why Daybell Wants a Retrial

Prior Convictions: During her December 2023 trial, jurors were never supposed to know Daybell had already been convicted in Idaho for the murders of her two children and her former husband.

Juror #15’s Comments: On the afternoon the verdict was announced, Juror 15 told reporters he’d never heard of Daybell prior to deliberations. But in a later TV interview that same day, he admitted he felt sorry for her—“she’s spending the next three lives in prison in a cell”—after learning about those prior convictions.

The Motion: Daybell’s lawyers argue that if Juror 15 knew about her past, it deprived her of a fair and impartial jury, and they’re asking the judge to order a new trial.

Josh Kolsrud’s Take 

“This is where things could go now,” Kolsrud told Phoenix’s 3TV. In his view, the motion forces the court to take three critical steps:

Order an Evidentiary Hearing: The judge must question Juror 15 to pin down exactly when and how he learned of Daybell’s past convictions.

Assess Influence on Deliberations: Did that information tip the scales during jury deliberations?

Determine Spillover: If Juror 15 knew beforehand, did he share that knowledge with other jurors?

Other Grounds for a New Trial 

While potential juror misconduct takes center stage in Daybell’s motion, her attorneys also raise additional issues: 

Admission of Statements: Challenging the inclusion of certain witness statements from Ty Ryan and Alex Cox. • Discovery Violations: Alleging the prosecution failed to disclose key evidence in a timely manner. 

Judicial and Prosecutorial Misconduct: Claiming missteps by both the judge and the Maricopa County Attorney’s Office contributed to an unfair trial.

Kolsrud believes the juror-misconduct argument carries the most weight. “If a juror had outside knowledge of those convictions, that’s reversible error,” he explained. “The court has to get to the bottom of it.”

What’s Next? 

At this point, there’s no official word on whether the judge will schedule an evidentiary hearing, or how soon. If the court grants Daybell a hearing, attorneys on both sides will question Juror 15 under oath, and the judge will decide if the verdict must be vacated and a new trial ordered.

Until then, Daybell remains in custody at the Arizona Department of Corrections, serving multiple life sentences. Stay tuned to the blog for updates as this unusual post-conviction battle unfolds—and for more analysis from Josh Kolsrud on high-stakes criminal appeals.