Electronically Filed

4/30/2020 2:42 PMSeventh Judicial District, Madison County

ROB H. WOOD # 8229 Kim Muir, Clerk ofthe Court

Madison County Prosecuting Attorney By: Angie Wood, Deputy Clerk

m00d(ch0.madi5011.id.us

159 East Main Street

P. O. Box 350

Rexburg, Idaho 83440

Telephone: (208) 356-7768

Facsimile: (208) 356-7839

IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OFTHE STATE OF IDAHO, IN AND FOR THE COUNTY OF MADISON

MAGISTRATE DIVISION

STATE OF IDAHO,

Plaintiff, Case No.: CR33-20-0302

v.

LORI NORENE VALLOW, AKA LORI AFFIDAVIT OF Lt. JARED S.

NORENE DAYBELL, WILLMOREDefendant.

STATE OF IDAHO )

ZSS

County of Madison )

I, Lt. JARED S. WILLMORE, of the Madison County Sheriff‘s Office, being first duly

sworn under oath, deposes and states as follows:

1.

AFFIDAVIT

The information contained herein is true and correct to the best 0fmy knowledge

and belief.

I am the Lieutenant charged with supervision over the Madison County Detention

Center. Ihave been in this current supervisory role since December of 201 6.

On March 5th, 2020, in response to phone calls I had received from defense

counsel in the above-captioned case, I sent defense counsel the following text

message: “This is LT. Willmore. Just so you have it, the jail number is 208-372-

5002. You can schedule meetings with the Control operator. Feel free to call meas well with any questions.”

On March 20m, 2020, the Detention Center restricted the Detention Center to

Essential Personnel only due to concerns over Covid-l 9 and in response to CDCguidelines for correctional facilities.

On March 25‘“, 2020, Governor Little announced a state-wide stay-at-home order.

Page 1 of 4

10.

11.

12.

13.

14.

15.

AFFHDAVIT

On March 30th, 2020 and March 315', 2020, defense counsel, Mark Means, visited

his client, Lori Vallow, in the Madison County Female Detention Center. Defense

counsel did not notify the Detention Center either time that he was coming. The

Detention Center does not require defense counsel to set an appointment.

However, due to the Covid-19 safety protocols put in place, the Detention Center

had no advanced notice to prepare for an in-person meeting between defense

counsel and their client.

Due to the CDC guidelines and the Governor’s stay-at—home order, the vast

majority 0f all attorney/ch'ent meetings have been telephonic. Pursuant to

Madison County policy and procedures, none 0f these conversations have been

recorded.

On March 30‘“, defense counsel for the defendant came to the Detention Center

and asked to visit his client. He initially met with Corporal Ryan Walker and

asked if he could meet with his client face-to-face. Corporal Walker informed

Mr. Means that he could meet with his client in the public visitor room due to

precautionary measures the Detention Center was taking to prevent the spread of

Covid-l 9 to inmates and Detention Center workers. Corporal Walker also

informed Mr. Means that he would check to see if the phones in the visitor center

could have the recording function turned off.

Corporal Walker contacted Sgt. Mark Backstein, who also works at the Detention

Center, and asked if the recording 0fphone calls in the public visitor center could

be turned off.

Sgt. Backstein called me and inquired about turning off the recording ofphone

conversations in the public visitor center.

I informed Sgt. Backstein that the recording could be turned off, and I then

proceeded to turn the recording off for the period of24 hours.

Corporal Walker informed defense counsel that the recording had been turned off

0n both phones 1n the public visiting center.

Defense counsel then had a conversation with the Defendant 1n the public visitor

center 0n a phone. That call was not recorded.

While that call was not recorded, I have reviewed call logs ofMarch 30‘“ and can

see that the call was made. I have attached a copy of that call log as “Exhibit A” to

this affidavit.

On March 3 1 5‘, defense counsel for the Defendant again came to the Detention

Center and asked t0 meet with his client. On this date, he initially met with

Deputy Pam Hollist and informed her that he had paperwork he needed to have

his client sign. Deputy Hollist took the paperwork from defense counsel in the

lobby and took it to the Defendant in the public visitor center, where the

Defendant signed the paperwork. Deputy Hollist then returned the paperwork to

defense counsel in the lobby. At that time, defense counsel infomed Deputy

Hollist that he needed to speak with his client. Deputy Hollist allowed him to

enter the visitor center to speak with the Defendant on the phone.

Page 2 of 4

16.

17.

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20.

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24.

AFFIDAVIT

Defense counsel never asked Deputy Hollist to turn off the recording sofiware.

Defense counsel had two phone calls with the Defendant. Both phone calls would

have given the standard Telmate warning that the phone calls were subj ect to

monitoring and recording. It should be noted that the call on March 30”“ would

not have played the warning that the call was subject to monitoring and recording

because that warning is not played when phone calls are not recorded.

At n0 time during those phone calls did defense counsel ask Deputy Hollist, 0r

any other Detention Center personnel, to tum off the recording program as it had

been turned off 0n March 30th.

Defense counsel’s visits on March 30m and March 315‘ are both documented by

jail security footage. Defense counsel can be seen taking pictures inside the

Detention Center on March 3 15‘. The Detention Center rules are posted at the

entrance t0 the visiting room. It is clearly posted that no picture taking is allowed.

The n0 picture taking rule is in place to provide security for the inmates and

workers of the Detention Center.

Defense counsel’s visits are further documented by the Defendant’s “out of cell”

log, which I have attached t0 this affidavit as Exhibit “B.”

The Detention Center was not immediately aware that the phone calls between

defense counsel and the defendant were recorded.

I learned that a March 3 15‘jail phone call was recorded on either March 315‘ or

April 15‘ when I was contacted by Lt. Ron Ball 0f the Rexburg Police Department.

He informed me that as he was listening to jail phone calls he started listening t0 a

call that he thought could be between the defendant and an attorney. He informed

me that once he realized it may be an attomey/client conversation he stopped

listening and called me t0 provide that information.

Once I received that information from Lt. Ball, I reviewed the call logs and found

the two phone calls made on March 315‘. The first call took place at 14:53 and

lasted one minute. The second call took place at 14:55 and lasted 28 minutes. I

immediately found it strange that the calls had been recorded because I had turned

off the recording on March 30th specifically for the same defendant and her

attorney. I also found it strange because I knew her attorney was aware the

recording could be turned off in the visitor center. I called Telmate and informed

them that the 28 minute phone call needed to be removed from our records. I do

not have the ability to delete phone calls. Due t0 what I perceived to be strange

circumstances regarding the recording 0f the calls, I purposefully left the 1 minute

phone call 0n our records for evidence that those phone calls started with the

standard warning that the call was subject t0 monitoring and recording.

Afier I called Telmate, I shut down the recording in the visitor center for a period

0f 365 days to insure that, in the event 0f any attomey/client visit, no other phone

calls would be recorded. Télmate tracks when the recording is turned off in the

visitor center for both phones in the female Visitation center. I have attached those

Page 3 of 4

records to this affidavit as Exhibits “C” and “D”. These logs also shows that the

recording for both phones was turned offon March 30th, 2020.

Further your affiant sayeth naught,

RESPECTFULLY SUBMITTED this X3 day oprriI, 2020.

Jfl(%kt. ared Willmore

SUBSCRIBED AND SWORN to before me this 50 day of April, 2020.

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AFFIDAVIT Page 4 of4

4/30/2020 httpszllwww.intelmate.net/report/activity

Report: Call Details - Vallow, Lori n

Starting: 03/29/2020 08:31 Ending: 04/01/2020 08:31

Customize columns...

Id Inmate Destination Fid Group Phone Date Termination Minutes Area

27808466233 Egg": 233121} 1785 Pod 1 Pod 1 ph 1 33/232020 no answer 2 Interstate

27806770153 :22": 333600“ 1735 Egg?“ EIEgnitZItfon ?ifgé/ZOZO 23 Interstate

27806628233 €220: 833600” 1785 E32120“ E/Eglilgon?i{§;’2020 1 Interstate

27805410133 3;": 3:3;939' 1785 Pod 1 Pod 1 ph 1 ??}{?3/2020 no answer 2 Interstate

27805353933 Z220: 3323939 1785 Pod 1 Pod 1 ph 1(33/3/2020 no answer 2 Interstate

27804461933 {2210: 233121} 1735 Podl Pod 1 phl 33/392020 30 Interstate

27804217933 £72210: 3381635 1785 Pod 1 Pod 1 ph 1(33/3/2020 30 Interstate

27802395203 Egg? 333600“ 1785 E32120“ Effigiggon?Zfig/ZOZO 30 Interstate

27801745773 :22? 233121} 1785 Pod 1 Pod 1 ph 1?g/gg’zozo 30 Interstate

27800377613 Ego: $33121} 1785 Podl Pod 1 ph 1 3/33/2020 30 Interstate

27800289223 3:30: 323121} 1785 Pod 1 Pod 1 ph 1gi/éi’zozo 30 Interstate

27800074603 5:30: 233121; 1785 Pod1 Pod 1 ph 1 $32290” 30 Interstate

27799857213 Egg": 233321} 1785 Pod 1 Pod 1 ph 1?gfgg/ZOZO 30 Interstate

27798798043 Egg? 22331} 1785 Pod 1 Pod 1 ph 1?g’gg’zozo 30 Interstate

27797293893 1/2210: 29,3321} 1785 Pod 1 Pod 1 ph 1ggfig/ZOZO 30 Interstate

27797208823 $11": 1785 Pod 1 Pod 1 ph 1ggfizlzozo incomplete 1 Local

STATE’S

EXHIBIT+https:flwww.intelmate.netlreporUactivity

Inmate Out of Cell Log

Madison Co ID

Dates: 313012020 - 3/3112020

011020700114 VALLOW, LORI N ‘ " To Attorney le 31‘30/2020

2.14.18 PM

011020-001 H VALLOW, LOR! N NSI¢ F(om Attorney V151!‘

3;“301'2020

'l. 13:47 PM

01-2020-001 H VALLOW, LORI N ' ' ' To Attorney VISIt‘

[31/20202:49:45 PM

011020001 H VALLOW, LORI N ' ' ' Ffom Attorney Vesn 3/31/2020

3:25:40 PM

'

Cell or Out ol Cell Tag Scan I

" Pod or Run Tag Scan I Wristband/ID Card Scan I (No asterisk) No lag was scanned I NS# Mobile CommandPopulalion | W8 Websue Entry

STATE’S

EXHIBIT'5 200!-2020 GUARDIAN RFID AH nqms resecved GUARDIAN RFID Is a U S registeredN.Idmnar’a Pnlenl plulecled and palenls pending

4/30/2020 https://www.intelmate.net/reportlaudit_listl1 701 35?act_type=STA

Report: User Activity Audit

Female Visitation ph 2 / 750, l

Id Date Subject Action Note User

[Female Visitation ph 2 / 750, 1. Turn ofi recording04/01/2020 -

_ .Lt.

126583920313,37

Stat10n170135 Update from 2020-03-30 20. 13.00 UTC to 2021-03-31Willmore

20: 13:00 UTC]

03/30/2020 .

[Female Visitation ph 2 / 750, 1. Turn off recordingLt

1265425913 Stat10n170135 Update from 2020-03-30 20: 13:00 UTC to 2020-03—31'

14:1320:13:00 UTC]

Wlllmore

STATE’S

EXHIBIT

https:J'lwww.intelmate.netlreportlaudit_listl1 701 35?act_type=STA

4/30/2020 https:llwww.inte|mate.net/reporUaudit_list/170145?act_type=STA

Report: User Activity Audit

Female Visitation ph 1 / 750, 2

Id Date Subj ect Action Note User

04/01 ,2020 .

[Female Visitation ph 1 / 750, 2. Turn ofi recordingLt

126583917313.37

Statwnnoms Update from 2020-03-30 20: 13:00 UTC to 2021-03-31Willmore

'

20: 13:00 UTC]

03/30/2020 _

[Female Visitation ph 1 / 750, 2. Tum off recordingLt

126542590314.13

Stationnoms Update from 2020-03-30 20:13:00 UTC to 2020-03-31 Winmm'

20:13:00 UTC]

gSTATE’S

gEXHIBIT

__Q__https:J'J'www.intelmate.netlreport/audit_lish’1 701 45?act_type=STA