This story has been updated to correct the relationship between Summer Shiflet and Lori Vallow. Shiflet is Vallow’s sister.
(NewsNation) — A judge ruled that Kay Woodcock will be able to attend Lori Vallow’s trial while other witnesses give testimony, but Larry Woodcock will not.
Vallow is accused of killing her two children, Tylee Ryan and JJ Vallow. The Woodcocks are JJ’s grandparents.
A memorandum decision written by Judge Steven Boyce allowing Kay Woodcock in the courtroom also disclosed that Tylee’s brother, Colby Ryan, will also be allowed to attend Vallow’s trial as witnesses testify.
According to the East Idaho News, state law bars witnesses from observing other testimony during trials — unless they are legally defined as victims.
Vallow’s defense team argued that the Woodcocks do not meet the definition of “victim” under Idaho law.
According to the memorandum, the court defines immediate family members as victims, meaning a “parent, mother-in-law, father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law or a son or daughter.”
JJ is Kay Woodcock’s biological grandson. After her now-deceased brother and Lori Vallow’s husband Charles adopted him, it also made Kay Woodcock JJ’s aunt.
Either way, Boyce said, Kay Woodcock does not meet the legal definition of immediate family member for any of the victims. However, Charles Vallow does as JJ’s adoptive father. Since Charles Vallow is not alive, though, Boyce said “the Court finds it wholly appropriate to designate Kay Woodcock the representative for victim Joshua Jaxon Vallow in Charles Vallow’s stead.”
“As such, Kay Woodcock qualifies to be excepted from the exclusionary rule for testifying witnesses under I.R.E. 615, and may observe trial testimony prior to any testimony she may offer,” Boyce wrote.
However, Larry will still not be able to observe trial testimony before he himself testifies.
“He may however observe all proceedings where testimony is not being offered, and upon the completion of his testimony, he would be permitted to observe the remainder of the trial,” Boyce wrote. “Should the State wish to call Larry Woodcock early in its case-in-chief, that is entirely the prerogative of the State.”
Also allowed to observe the trial will be Summer Shiflet, Lori Vallow’s sister.