Judge says prosecutor will stay on Daybell case

Wood and Evans filed new documents Friday morning asking that Shiflet be allowed to testify and an affidavit be submitted Mindy Gee. The woman is a staff member in Wood’s office who took a call from Shiflet.

Means and Prior objected to both requests. Boyce agreed to allow part of Gee’s affidavit into the hearing but denied testimony from Shiflet.

In his closing remarks, Prior questioned Wood’s ability to prosecute the case and said that because he made “disparaging comments” to Shiflet, Wood should be removed. Prior said such comments were an attempt to influence and manipulate Shiflet’s testimony if she is called as a witness in her sister’s case.

“Mr. Wood is cheating,” Prior said. “Mr Wood is lying, and Mr. Wood is doing nothing but trying to influence, coach, intimidate a witness, before that witness has had a chance to get in front of a trial.”

Means said Wood and Shiflet’s conversation raised “red flags” and eyebrows” and argued that experts in the case testified that the prosecutor was attempting to coerce and manipulate Shiflet. Means said now other witnesses need to be investigated because of Wood’s alleged actions.

“If this type of behavior goes unwarranted, unchecked, unsanctioned, you are telling myself, Mr. Prior, the prosecutor and anyone else who wants to cite this case in the future that you can engage in these tactics without repercussions,” Means said. “That is a dangerous precedent that I don’t think any court or any witness or defendant would want to have.”

Evans disagreed with the accusations and argued that Wood never told Shiflet what to say during the conversation and affirmed that Smith, Shiflet’s attorney, never objected or opposed to anything discussed during the meeting.

“The defendants again have shown no damage to their client in any way if Mr. Wood stays on the case,” Evans said.

Wood did not speak during the hearing. However, EastIdahoNews.com received the following statement from him afterward through a spokeswoman:

“We appreciate the judge’s ruling. We remain resolute and focused on our search for justice for JJ and Tylee.”

The next Daybell hearing is scheduled for a pre-trial conference on June 2. However, the issues of moving the case out from Fremont County and dismissing the case still need to be taken up before Boyce. Those hearings were postponed because of this week’s hearing.

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