Conservancy, landlord headed to mediation amid ongoing rent dispute for historic ocean liner

The conservancy that oversees a storied but aging ocean liner and its landlord are headed to mediation as they attempt to resolve a years-old rent dispute that could force the historic ship out of its berth on the Delaware River in Philadelphia.

A federal judge had ruled in June that the conservancy had until Thursday to present plans to move the SS United States, a 1,000-foot ocean liner that still holds the transatlantic speed record it set more than 70 years ago. That deadline, though, came and went after the conservancy filed a lawsuit Wednesday that accused Penn Warehousing of sabotaging its efforts to sell the vessel. The group also asked U.S. District Judge Anita B. Brody to extend the plan deadline to Dec. 5.

During a hearing Friday, Brody agreed with a lawyer for Penn Warehousing who suggested the mediation, which will be led by a federal magistrate judge. She also agreed to suspend the deadline for now.

A timetable for the mediation has not yet been determined.

The conservancy welcomed the mediation proposal, saying it would “continue to work in good faith to resolve this dispute and relocate the vessel safely.”

The conservancy has been in talks with a Florida county that wants to acquire the ship and turn it into the largest artificial reef in the world. Those plans were put on hold earlier this month when Penn Warehousing asked Okaloosa County for a $3 million payment to stay past the deadline.

Speaking at Friday's court hearing, an attorney for Penn Warehousing described the request as “negotiation 101,” t he Philadelphia Inquirer reported. Craig Mills also said the payment had been made public in past court hearings, had been asked of the conservancy before and should be taken as a starting point for negotiations.

The rent dispute stems from an August 2021 decision by Penn Warehousing to double the ship’s daily dockage to $1,700, an increase the conservancy refused to accept. The firm has said through its attorneys that it wants to regain access to the berth so it can replace the ship with a commercial customer that will provide jobs and tax revenues to the city.

When the conservancy continued to pay its previous rate, set in 2011, Penn Warehousing terminated the lease in March 2022. After much legal wrangling, Brody held a bench trial in January but also encouraged the two sides to reach a settlement instead of leaving it up to her.

She ultimately ruled that the conservancy’s failure to pay the new rate did not amount to a contract breach or entitle Penn Warehousing to damages. However, she found that under Pennsylvania contract law, the berthing agreement is terminable at will with reasonable notice.

Christened in 1952, the SS United States was once considered a beacon of American engineering, doubling as a military vessel that could carry thousands of troops. On its maiden voyage in 1952, it shattered the transatlantic speed record in both directions, when it reached an average speed of 36 knots, or just over 41 mph (66 kph), The Associated Press reported from aboard the ship.

On that voyage, the ship crossed the Atlantic in three days, 10 hours and 40 minutes, besting the RMS Queen Mary’s time by 10 hours. To this day, the SS United States holds the transatlantic speed record for an ocean liner.

It became a reserve ship in 1969 and later bounced to various private owners who hoped to redevelop it but eventually found their plans to be too expensive or poorly timed.

It has loomed for years on south Philadelphia’s Delaware waterfront.

Vehicles move past the S.S. United States moored on the Delaware River in Philadelphia, Wednesday, Sept. 4, 2024. (AP Photo/Matt Rourke)

A person runs past the S.S. United States moored on the Delaware River in Philadelphia, Wednesday, Sept. 4, 2024. (AP Photo/Matt Rourke)

The S.S. United States is moored on the Delaware River in Philadelphia, Wednesday, Sept. 4, 2024. (AP Photo/Matt Rourke)

The S.S. United States is moored on the Delaware River in Philadelphia, Wednesday, Sept. 4, 2024. (AP Photo/Matt Rourke)

The S.S. United States is moored on the Delaware River in Philadelphia, Wednesday, Sept. 4, 2024. (AP Photo/Matt Rourke)

S.S. United States is moored on the Delaware River in Philadelphia, Wednesday, Sept. 4, 2024. (AP Photo/Matt Rourke)

A person walks past the S.S. United States moored on the Delaware River in Philadelphia, Wednesday, Sept. 4, 2024. (AP Photo/Matt Rourke)

PHOENIX (AP) — Lori Vallow Daybell, who was convicted of killing her two youngest children and conspiring to murder a romantic rival, is on trial again Monday. This time, she's accused in Arizona of conspiring to murder her estranged husband.

In opening arguments, the prosecution argued that Vallow Daybell conspired with brother Alex Cox to kill Charles Vallow and cash in on a life insurance policy, while espousing the belief that Charles was possessed by an evil spirit.

“Lori Vallow is why Alex was able to shoot Charles,” prosecutor Treena Kay said. “Lori Vallow is why Charles is dead.”

The case has drawn significant public attention in part because Vallow Daybell, 51, has doomsday-focused religious beliefs. She isn't a lawyer but has chosen to represent herself in the six-week trial.

A jury of 16 took their seats in a Phoenix courtroom, including four alternate jurors. Kay provided a detailed timeline and argued that phone records, witness testimony and forensic evidence will show that Cox’s shooting of Charles was “not self defense.”

Kay also said Vallow Daybell conspired in the killing so that she could move forward with marrying her then-boyfriend Chad Daybell, an Idaho author who wrote several religious novels about prophecies and the end of the world.

Vallow Daybell has pleaded not guilty and has not spoken publicly about the details of Vallow's death. Here's what to know about the case.

Vallow was fatally shot in July 2019. Vallow Daybell then moved to Idaho with her children, Joshua “JJ” Vallow and Tylee Ryan. She married Daybell just two weeks after the death of his wife, Tammy Daybell. The children went missing for several months before their bodies were found buried in rural Idaho on Chad Daybell’s property. JJ was 7 and Tylee was 16.

Vallow Daybell is already serving three life sentences in Idaho for the children's deaths and for conspiring to kill Tammy Daybell. Chad Daybell was sentenced to death in the three killings.

Four months before he died, Charles Vallow filed for divorce from Vallow Daybell, saying she had become infatuated with near-death experiences and had claimed to have lived numerous lives on other planets.

He alleged she threatened to ruin him financially and kill him. He sought a voluntary mental health evaluation of his wife.

Police say Vallow was fatally shot by Vallow Daybell’s brother, Alex Cox, when Vallow went to pick up his son at Vallow Daybell’s home in Chandler, a Phoenix suburb. Vallow Daybell’s daughter, Tylee, told police that she confronted Vallow with a baseball bat after she was awakened by yelling in the house.

Tylee said she was trying to defend her mother, but Vallow took away the bat, according to police records. Cox told police that he fired after Vallow refused to drop the bat and came after him.

Cox told investigators that Vallow Daybell and the children left the house shortly before the shooting. Investigators say she went to get fast food for her son and bought flip-flops at a pharmacy before returning home.

Cox, who claimed he acted in self-defense and wasn’t arrested in Vallow’s death, died five months later from what medical examiners said was a blood clot in his lungs. Cox's account was later called into question.

Vallow Daybell was a beautician by trade, a mother of three and a wife — five times over.

Her first marriage, to a high school sweetheart when she was 19, ended quickly. She married again in her early 20s and had a son. Then, in 2001, she married Joseph Ryan, and they had Tylee. They divorced a few years later, and Ryan died in 2018 at his home of a suspected heart attack.

Charles Vallow entered the picture several months later. Vallow and Vallow Daybell married in 2006 and later adopted JJ, but by 2019 their marriage had soured. The two were estranged but still married when Cox fatally shot Vallow.

Public interest from around the world only grew as the investigation into the missing children took several unexpected turns, each new revelation seemingly stranger than the last.

Daybell, who was once a contestant on “Wheel of Fortune,” has been the subject of a Netflix documentary and Lifetime movie.

“I want to see how she commands the courtroom,” said Bill Hurley, a spectator who jockeyed for one of about 40 seats in a packed courtroom gallery. Hurley is from the Phoenix suburb where Charles Vallow was shot in 2021, and has been closely following the case.

While representing herself, Vallow Daybell has complained about news coverage of her criminal cases, invoked her right to a speedy trial, questioned whether a government witness was truly an expert and engaged in disputes over the pre-trial exchange of evidence.

At a hearing last week, she lost a bid to strike three people from the prosecution’s witness list, including the grandmother of her adopted son. Another witness says Vallow Daybell spoke about Vallow as being “possessed” in the months before his death. When the judge asked her to argue her point, Vallow Daybell lowered her head, sighed and paused a few seconds. “Their information is not firsthand," Vallow Daybell said. "These witnesses are all coming together. They are watching everything that goes on on TV regarding this.”

If convicted in Arizona of conspiring to kill Vallow, she would face a life sentence.

Vallow Daybell will wear civilian clothing during her trial and will not be handcuffed or shackled when jurors are in the courtroom. She, however, is expected to be wearing a belt-like device under her clothes that will let a jail officer deliver an electric shock by remote control if there's a disturbance.

The Idaho investigation began at the end of 2019 when Vallow Daybell's adopted son's grandmother, worried about his welfare, reached out to police. Vallow Daybell had been evasive when asked about her two youngest children.

Chad Daybell called 911 in October 2019 to report that his wife Tammy Daybell was battling an illness and died in her sleep. Her body was later exhumed, and an autopsy determined she died of asphyxiation.

Idaho police did a welfare check on the kids in November 2019 and discovered they were missing and hadn't been seen since early September. Vallow Daybell and Chad Daybell left town a short time later, eventually turning up in Hawaii without the kids. She was arrested in Hawaii in February 2020 on a warrant out of Idaho.

Defense attorneys told jurors that she was a “kind and loving mother” who happened to be interested in religion and biblical prophesies.

A witness at the Idaho trial said Vallow Daybell believes evil spirits have taken over people in her life and turned them into “zombies.”

This story has been updated to correct the attribution to a quote accusing the defendant of being the reason why Charles Vallow is dead. It was Treena Kay who was quoted, not Kay Woodcock.

FILE - A boy looks at a memorial for Tylee Ryan and Joshua "JJ" Vallow in Rexburg, Idaho, on June 11, 2020. (John Roark/The Idaho Post-Register via AP, File)

FILE - Larry Woodcock speaks to media members at the Rexburg Standard Journal Newspaper in Rexburg, Idaho on Jan. 7, 2020, while holding a reward flyer for Joshua Vallow and Tylee Ryan. (John Roark/The Idaho Post-Register via AP, File)

FILE - Lori Vallow Daybell talks with her lawyers before the jury's verdict is read at the Ada County Courthouse in Boise, Idaho on May 12, 2023. (AP Photo/Kyle Green, File)