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REXBURG, Idaho — Judge Faren Eddins says there is probable or sufficient cause that Chad Daybell committed the crimes he is accused of. Daybell is currently charged with two felony counts of Destruction, Alteration or Concealment of Evidence, and two felony counts of Conspiracy Destruction, Alteration, or Concealment of Evidence.The decision was made after a 10-minute recess. Daybell was emotionless as Judge Eddins announced his decision.Prosecutors played a recording of a jailhouse phone call between Lori Vallow and Daybell. The recording was made on the day authorities were searching for the bodies of Tylee Ryan and Joshua "JJ" Vallow. Soon after, the FBI and other law enforcement testified they found the bodies of the children in shallow graves on Daybell's property.There was no indication that either Lori or Chad was aware of the discovery, and they said nothing on the phone call about what they knew.Daybell's case now heads to District Court, where he will go before Judge Steven Boyce on August 21 for an arraignment. The defense has 60 days to file for a change of venue. No one has been charged in the deaths of the children.Lori is scheduled for a preliminary hearing with Judge Eddins next week on August 10 and 11. The hearing will start at 9 a.m.This article was written by Katie Kloppenburg for KIVI. 1335
SACRAMENTO, Calif. (AP) — The U.S. government says California must change how it issues identification cards that comply with stricter federal requirements.The so-called Real ID cards will be needed to board airplanes or enter federal buildings by October 2020 under security enhancements following 9/11. California already has issued 2.3 million cards.Department of Motor Vehicles spokesman Marty Greenstein said Friday that those IDs will remain valid and changes will apply going forward.The DMV had required one document proving residency and counted on delivery by the post office as secondary proof of someone's address.Emails show the Department of Homeland Security approved that process last year. But it told the DMV in November that was no longer acceptable and two documents proving residency are required.The change will be implemented next spring. 869
SACRAMENTO, Calif. (AP) — A California appeals court says it's legal to have small amounts of marijuana in prison — so long as inmates don't inhale.The 3rd District Court of Appeal ruled that California voters legalized recreational possession of less than an ounce (28 grams) of cannabis in 2016, with no exception even for those behind bars.But the court says state law does prohibit smoking weed in prison. Prison officials can also still punish pot possession as a rules violation."According to the plain language of ... Proposition 64, possession of less than an ounce of cannabis in prison is no longer a felony," the court ruled Tuesday. "Smoking or ingesting cannabis in prison remains a felony."RELATED: City votes in favor of marijuana production site in Kearny MesaThe court overturned the Sacramento County convictions of five inmates who had been found with marijuana in their prison cells."The voters made quite clear their intention to avoid spending state and county funds prosecuting possession of less than an ounce of marijuana, and quite clear that they did not want to see adults suffer criminal convictions for possessing less than an ounce of marijuana," Sacramento County Assistant Public Defender Leonard Tauman said in an email. The appeals court "quite properly honored what the electorate passed."Attorney General Xavier Becerra's office said it is reviewing the ruling and did not say if he will appeal.RELATED: Nevada becomes first state to ban pre-employment marijuana tests"We want to be clear that drug use and sales within state prisons remains prohibited," said corrections department spokeswoman Vicky Waters. She said the department "is committed to providing a safe, accountable environment for prisoners and staff alike and we plan to evaluate this decision with an eye toward maintaining health and security within our institutions."The three-judge panel rejected the state's argument that guards will lose control over prisons if inmates are free to possess small quantities of marijuana, noting that possession can still be punished as a rules violation with longer prison terms or a reduction in privileges.While prison officials can still punish inmates for violating the rules, "this ruling will prevent inmates from having years added to their sentences for simple possession, reducing overcrowding and saving ,000-75,000 a year in unnecessary costs," said Assistant Public Defender David Lynch.RELATED: More than 100 illegal pot farms busted in Anza, tons of weed seizedThe judges scolded the attorney general's office for a counter-argument it said "uses arcane rules" and "twists the meaning of the words of the statute."Becerra's office argued that the court's reading of the law was absurd because it in effect allows controlled substances into prisons. But the court noted that it previously ruled that it's not illegal for inmates to have properly prescribed medications or medical marijuana behind bars — though it may be against the rules."The Attorney General raises the same hackneyed and losing arguments in each case involving contraband in jails or prisons," the judges wrote.Lawmakers held "an over abiding consensus" in the 1940s that drug use by inmates was "the ultimate evil," they wrote. But those old laws belie "a gradual change in attitude" first toward medical and eventually toward recreational marijuana."As a matter of public policy, his position may be sound," the judges wrote. "The fact that the Attorney General may not agree with the voters does not empower us to rewrite the initiative."They ultimately concluded that "a result is not absurd because the outcome may be unwise." 3667
SACRAMENTO, Calif. (AP) — California will ban the sale and manufacture of new fur products starting in 2023.Legislation signed Saturday by Gov. Gavin Newsom makes California the first state to enact such a ban.It doesn't apply to used fur products or fur used for religious or tribal purposes. And it excludes the sale of leather, cowhides, deer, sheep and goat skin and anything preserved through taxidermy.There's a fine of up to ,000 for multiple violations.Democratic Assemblywoman Laura Friedman, the bill's author, says there are "sustainable and humane" substitutes for fur.Opponents of the legislation have said it could create a black market and be a slippery slope to bans on other products. 711
SACRAMENTO, Calif. (AP) — Athletes at California colleges could hire agents and sign endorsement deals under a bill the state Legislature sent to the governor on Wednesday, setting up a potential confrontation with the NCAA that could jeopardize the athletic futures of powerhouse programs like USC, UCLA and Stanford.Gov. Gavin Newsom has not said whether he will sign it. But the NCAA Board Of Governors is already urging him not to, sending him a letter Wednesday saying the bill "would erase the critical distinction between college and professional athletics" and would have drastic consequences for California's colleges and universities."Because it gives those schools an unfair recruiting advantage, (it) would result in them eventually being unable to compete in NCAA competitions," the letter said. "These outcomes are untenable and would negatively impact more than 24,000 California student-athletes across three divisions."Newsom has 30 days to either sign the bill, veto it or let it become law without his signature.The bill would allow student-athletes to hire agents and be paid for the use of their names, images or likenesses. It would stop California universities and the NCAA from banning athletes that take the money. If it becomes law, it would take effect Jan. 1, 2023."I'm sick of being leveraged by the NCAA on the backs of athletes who have the right to their own likeness and image, this is about fairness," Assemblywoman Sydney Kamlager-Dove, a Los Angeles Democrat, said Monday.The Senate voted 39-0 to pass the bill, which has the endorsement of NBA superstar LeBron James, who skipped college and went directly to the NBA before the league changed its rules to require players to be at least one year removed from high school before entering the draft. But the bill could impact James' 14-year-old son, who is a closely watched basketball prospect in Los Angeles.The NCAA is the governing body for college sports. But membership is voluntary. Athletes can get valuable scholarships, but the NCAA has long banned paying athletes to preserve the academic missions of colleges and universities. But college sports have since morphed into a multibillion-dollar industry, igniting a debate over the fairness of not paying the industry's most visible labor force.Earlier this year, NCAA President Mark Emmert told lawmakers that passing the bill would be premature, noting the NCAA has a committee — led by Ohio State athletic director Gene Smith and Big East Commissioner Val Ackerman — that is exploring the issue. Their report is due in October.The NCAA committee has already said it won't endorse a plan to pay athletes as if they were employees, but they could ease limits on endorsement deals for athletes. The NCAA already lets athletes accept money in some instances. Tennis players can accept up to ,000 in prize money and Olympians can accept winnings from their competitions.The bill still puts some restrictions on athletes, such as forbidding them from signing endorsement deals that conflict with their school's existing contracts.Republican Assemblyman Jim Patterson of Fresno was the only lawmaker to speak against the bill, though he did not cast a vote. He said allowing athletes to make money could make universities in rural areas less competitive because there could be fewer sponsorship opportunities in the area.But other lawmakers argued banning college athletes from being paid was a violation of their freedoms."Playing college sports should not have to come at the cost of personal liberty, dignity, self-expression or any other value this legislature is charged with protecting," said Republican Assemblyman Kevin Kiley of Rocklin. "Let's send a loud and clear message to the NCAA."But in and around California, schools and conferences believe this legislation might not be the best solution.The Pac-12, which includes Southern California, UCLA, Stanford and Cal, issued a statement Wednesday reiterating its previous stance — asking the California Legislature to delay the debate until the NCAA announces formal proposals."We all want to protect and support our student-athletes, and the Pac-12 has played a leadership role in national reforms for student-athletes over the past years," the statement said. "The question is what's the best way to continue to support our student-athletes. We think having more information and informed views will be helpful."J.D. Wicker, the athletic director at San Diego State, a Mountain West Conference member, agreed, saying "California weighing in on this complicates that.""I think the frustration for me is that they probably don't truly understand the NCAA and how we work as a governing body," Wicker said. "Again, it's schools across 50 states and it's all of us working together, whereas the state of California will only harm California schools." 4858