Juror responds after Lori Vallow Daybell's attorneys ask for a new trial

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A man who served on the jury in Lori Vallow Daybell’s case is responding to a motion filed by her defense attorneys asking for a new trial.

In the motion for new trial filed Friday, Jim Archibald and John Thomas, Daybell’s attorneys, claim Hernandez knew about evidence that wasn’t presented during the trial and that instructions given to the jurors were confusing.

“We didn’t consider this during our deliberations because it was clear to us. The instructions were clear. Arizona evidence and testimony is only for demonstrative purposes,” Hernandez said.

During the trial, Archibald and Thomas repeatedly objected to having evidence and testimony from the Arizona cases brought into Daybell’s Idaho case. In their motion, they argue evidence regarding Arizona was not admitted for demonstrative purposes, as Hernandez said, but was evidence to show “some other reason other than bad character.”

“To confuse demonstrative evidence and character evidence is easy to do; hence, the defense objections should have been sustained,” the attorneys wrote.

They also argue that Hernandez referenced evidence in Arizona that was not part of the Idaho trial.

“We can only conclude that the juror relied on information not presented in court to reach his conclusion that Arizona dropped the ball and should have done more, even before Charles Vallow was shot and killed by Alex Cox,” the attorneys wrote in their motion.

In a follow-up interview Tuesday, Hernandez said he was not aware of the Arizona video and information until he watched “Dateline NBC” on May 14, two days after the trial ended. Our original interview with him was conducted in Boise on May 17.

“Once the verdict was final and we were released from court on Friday (May 12), as you can imagine, most people would have a bunch of questions in their mind,” Herandez says. “On Sunday, my wife said, ‘Do you want to watch a new episode (of ‘Dateline’)?’ and I said, ‘Cool. Let’s watch it.’ Obviously, I was intrigued, and that’s when I learned in Arizona there’s footage from an encounter with Charles where he is clearly telling the police that his wife has deemed him a zombie. To me, those were significant red flags about something that’s not normal.”

Jurors were prohibited from consuming news coverage of the case during the trial but were allowed to watch and read whatever they want once a verdict had been reached, and the judge dismissed them. Hernandez says he “absolutely” followed the court rules and was respectful of the jury instructions presented by District Judge Steven Boyce.

While Archibald and Thomas argue in their motion that those instructions were confusing, Hernandez says he and his fellow jurors understood them.

“I thought the judge gave us instructions through the trial, throughout the process, multiple times, and those instructions never changed even up until the very last day before the moment we were released to go and deliberate,” he says. “Those instructions were clear … and we used that set of instructions a number of times throughout the process of deliberation to go back and forth to make sure we understood exactly what the judge and the law and court allowed us to consider and what we were not allowed to consider.”

Hernandez says he was surprised his comments were mentioned in the defense’s motion, although he expected Daybell to appeal the verdict.

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This is annoying frankly
She is guilty and I’m sick of hearing about her

idahospudgirlidahospudgirl
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This Juror is OUTSTANDING!!! We are grateful for your service, Sir!!! ♥️❤️♥️

Nurturing
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I respect this juror, and you, so much.

carolwoodward
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Taxpayers have wasted enough money on Lori and Chad
Justice for all victims

malibudolphin
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When I saw she wanted a new trial and her resona, I said to my husband that man never said any of that they are reaching. I find this man to be very honest, unlike Lori.

kizzyjrjunior
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The attorney from LV is reaching. There isn’t going to be a new trial. That woman is delusional.

LCx
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Hey, a NARCISSIST needs to keep being recognized!!!! Just sickening.

marybourgeois
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Thank you, Mr. Saul for the clarification! The defense is nuts!

allierod
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I really like this juror ❤ He clearly took his job seriously as did his fellow jurors.

IzzyMariel
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Lori Vallows been abusing the legal system her whole adult life.

lizgaspari-gasparinutrition
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Thank you Nate. This juror is very clear, thank goodness.

angelacross
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It's clear that this is a last ditch try from the defense ! I'm impressed that you're addressing this issue quickly, Nate! Good job!!

marcypadrta
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Thank you for giving this juror an opportunity to clarify how vigilant he and the other jurors were during this process.

lisaborries
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Thank you for the clear up. Lori is not going anywhere. You do the crime, You do the time in Prison.

arielcotter
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Nate you're a wonderful journalist. Thank you for putting this out and clarifying the facts so they can't be taken out of context.

Nina-pplh
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Lori is just feeling the gravity of her actions... "don't do the crime if you can't do the time" Nate as usual... another great clarifying interview. Can't see the judge using this to issue an appeal.

ChristaErika
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Thank you for these clarifications. I had no concerns personally. LVD attorneys are grasping at anything. It is their duty.

carolwoodward
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I just wanted to thank Saul for his service as a juror and also for these interviews. He’s so well spoken and thoughtful. ♥️♥️♥️

dianasimplifies
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Thank you for revisiting this. Lori’s attorneys are clearly reaching for excuses that are not there. Any confusion the jurors have now is based in the defense objections during trial…objections THEY raised and were granted. Once again Lori is blaming others for her poor choices and behavior.

HeatherRose
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I'm impressed with the thoughtful and articulate responses of this juror.

vlw