BOISE, Idaho — Day 25 of the trial of Chad Daybell saw the final witness testimony for the state. After the state rested its case, Prior raised issued about the date range on the indictment for the murder of JJ Vallow, but Judge Boyce denied the acquittal motion for the charge before sending the trial into recess for a long weekend.
3:47 pm: The court is going into recess until Monday morning as Judge Boyce will decide on the instruction the jury will receive to correct the error in the indictment.
3:45 pm: Judge Boyce sides with the state and agrees that the motion for acquittal on charge 4, for the murder of JJ Vallow, will be denied.
3:39 pm: Judge Boyce explains that count 4, relating to JJ Vallow, was not authorized for amendment and was indeed mistakenly altered.
3:38 pm: Judge Boyce returns to the courtroom to give his decision on the motion to dismiss the charge for the murder of JJ Vallow.
3:04 pm: Judge Boyce calls for a brief recess to decide on the arguments presented.
3:02 pm: Batey reiterates that this is clearly a clerical error and not an amendment to the indictment.
3:00 pm: Prior says the state has no right to change an indictment as the defense prepares to present its case. He once again asks for the court to dismiss the charge.
2:56 pm: Prior responds, arguing that any changes to the indictments after the state has rested will create a substantial due process case for Chad Daybell.
2:53 pm: Batey concedes that a clerical error was clearly made here, but it is not a legal issue and it was not done with intention which is why the state would like to revert the indictment back to the one presented originally.
2:49 pm: Batey offers another option, citing previous decisions which show that, under the Idaho code, date range inaccuracy is not sufficient grounds to dismiss a charge. Judge Boyce says it is one thing for a variance in date range to exist and another for the court to proceed knowing of the inaccuracy.
2:43 pm: Batey offers an option to revert the amended charge back to the original indictment. Batey says that the amended indictment was inadvertently changed to match the date range for the death of Tylee Ryan.
2:36 pm: Judge Boyce does not grant the motion of acquittal for the counts not related to JJ Vallow. Count 4 is the charge for the murder of JJ Vallow, the state is now presenting its evidence arguing the acquittal should not be granted.
2:32 pm: Judge Boyce explains that the motion being considered requires they determine if the evidence is sufficient to make a case that Chad was involved in the murder of JJ Vallow.
2:26 pm: Larry Woodcock expressed his grief for JJ Vallow after the announcement that the charge for his murder could be removed in an interview with Idaho News 6.
2:24 pm: The courtroom livestream is expected to return shortly. Nate Eaton with our partners at East Idaho News shared a copy of the indictment for the murder of JJ Vallow which was amended in February 2024.
Here is the indictment. You can see the date was changed in the amended version filed in February. #ChadDaybell pic.twitter.com/rU2kcIIN0B
— Nate Eaton (@NateNewsNow) May 16, 2024
12:32 pm: Boyce grants the prosecution 2 hours to review the concerns and address them. The courtroom goes into recess until 2:30 pm. The specific concerns challenge the murder charge for JJ Vallow as the date ranges have been amended and widened in ways that raise problems for Judge Boyce.
12:29 pm: Batey says they would like to review this concern and come back on Monday to address it. Prior says he allowed them to make these amendments and is frustrated that now additional changes will be made again after the state has rested. Boyce says there are problems with waiting until Monday as the defense needs to understand the indictments they are defending against before they can present their case in chief.
12:25 pm: Judge Boyce says that the state amended the indictment for the murder of JJ Vallow, and Boyce says he has some concerns with the evidence citing a date range that is not referenced in the indictment.
12:16 pm: Batey outlines the overt acts and evidence presented and how they relate to the charges Chad is facing.
12:13 pm: Batey responds on behalf of the state. Batey says that full consideration must be given to the jury and the jurors should be able to determine the weight of the evidence, not Prior.
12:12 pm: Prior motions for a directed verdict on the murder charges in this case, specifically for Tylee and JJ as he says there has been no indication that he was present for these deaths. The conspiracy charges are also in question from Prior.
12:11 pm: Following the brief recess, Judge Boyce is hearing a motion from Prior.
11:36 am: The state rests its case against Chad Daybell. This concludes the evidence portion of the trial for today, scheduling matters will be discussed in the courtroom. Prior intends to make a motion after a lunch recess.
11:31 am: The state has no additional witnesses to call but Blake calls for a brief sidebar.
11:30 am: The message from Chad to Lori indicating that a plan to take the children is being orchestrated is displayed again. Hart again confirms that the bodies of Tammy, Tylee, and JJ were all found on Chad's property.
11:28 am: Blake asks if there was also manipulation by Chad Daybell, Hart says he found manipulation during the breakup and throughout the entire investigation. Hart confirms that Chad was the one assigning death percentages and communicating with the dead.
11:27 am: With no further questions from Prior, Blake begins her re-direct.
11:23 am: Prior asks if Lori is manipulating Chad in messages about him really loving her, Hart agrees. She tells Chad that he should go be with his wife and family. Hart agrees that this feels like a bit of a breakup.
11:19 am: Lori asks Chad if he is miserably wasting time, she is frustrated with the time they are waiting for each other. The messages are dated Aug. 11, 2019.
11:17 am: Prior asks about messages that were presented earlier in the trial where Chad and Lori had a brief breakup. Hart explains that he recalls these messages, but he would be able to recall them more clearly if they were displayed in the courtroom again. The exhibit is being displayed.
11:15 am: Prior asks if these spiritual gifts Chad claims to have are unusual, Hart says it is definitely uncommon for people to describe themselves as having these powers.
11:13 am: Prior asks if Hart or the FBI ever employed Allison Dubois, a spiritual medium, in the process of getting information. Hart says he never spoke with her and nobody in the investigation did, but spiritual mediums often offer their speculations to investigators.
11:11 am: Prior asks if it would be natural to look at a new husband in a case involving missing children. Hart agrees but says investigators can't allow for that to blind them to other options.
11:10 am: Prior now begins his cross-examination.
11:09 am: Hart says that the "they" in the messages was a reference to law enforcement. The two worry that Alex's alone time is making him more likely to go to officials with some kind of dangerous information. Blake has no further questions.
11:08 am: Chad and Lori discuss Alex potentially knowing something dangerous which worries them. Chad says he used a healing balm on Alex and placed angels around him.
11:07 am: Hart says that the only connection between Tammy Daybell and Alex Cox was Chad.
11:04 am: Another message reveals that Chad and Lori desperately want to be together, Chad says he is sad but not for the reason that everyone thinks.
11:02 am: The two discuss a workout plan that Chad wanted to take up and he expresses that the two are together at about 100 percent.
10:58 am: Chad asks Lori to come home from Hawaii because he has to work on clearing the haunting energy from an apartment, but he asks her to look for a condo in Hawaii that the two could return to and start their life together.
10:56 am: The next day, Chad and Lori messaged about how they were excited to see each other. Agent Hart explains there was no indication of remorse or grief by Chad or Lori in the days following Tammy's death.
10:54 am: On the day of Tammy's death, Chad was messaging Lori about how he was feeling. He tells Lori that the day was "no fun without you."
10:53 am: More messages are shown. They are dated Oct. 19, 2019, the day of Tammy's death. Someone informed Lori that Tammy Daybell had died. Lori was in Hawaii at the time, but Alex Cox was in Rexburg and Chad Daybell was at his house.
10:52 am: Just 4 days later, on Oct 9, 2019, was the attempted shooting of Tammy Daybell.
10:50 am: More messages reveal that Chad does not want to wait long to "remove" Viola.
10:48 am: Chad says that she wants Viola to be removed, in Hart's understanding this means that the possessed person would die.
10:46 am: More messages show Chad telling Lori that a level 3 demonic entity named "Viola" has taken Tammy's body and she is now in limbo.
10:42 am: Messages show Chad telling Lori that there is "big news about Tammy" which he is excited to tell her. This is on Oct. 5, 2019.
10:40 am: Emails between Sidney Woodbury and Lori Vallow are shown in the courtroom. Lori can be seen lying about JJ's whereabouts. She says his grandparents have him, but this was 2 days after the last proof of life for JJ.
10:39 am: The last known proof of life for JJ Vallow is shown in the courtroom, it's dated Sept. 22.
10:37 am: The last known photo of Tylee Ryan during the Yellowstone trip with Alex Cox and Lori is shown in the courtroom. The photo is from Sept. 8, 2019.
10:34 am: More messages from Alex Cox show him saying that they are working to eliminate the Zs (zombies) completely.
10:32 am: Following the morning break, more messages are displayed between Alex Cox and Lori Vallow. Alex tells Lori that their wifi password is 2manykids, which Lori says is funny.
10:06 am: Judge Boyce calls for a mid-morning break, the livestream is expected to return around 10:30 am.
10:05 am: Hart explains that the finish line was for the couple to live their fantasy life together, including being unencumbered by the burdens of their spouses and Lori's children.
10:02 am: More texts show Chad telling Lori that her mission has begun. The two continue to tell each other how excited they are to finally be together. They are "so close to the finish line" according to Chad.
9:59 am: Chad tells Lori via text that he could barely sense that JJ was still attached to his body when the two were eating together on Oct. 19, 2019. He also tells Lori that she is doing everything right.
9:58 am: Chad tells Lori that there is a plan being orchestrated to take the children. Their bodies would later be discovered on his property.
9:56 am: These texts show the clearest and most specific reference to a plan regarding the deaths of Tylee and JJ according to Hart.
9:55 am: Lori asks Chad if JJ is "at zero," and Chad says he is. Chad says he is probably partly through the veil. Hart explained previously that being at zero could mean that one's soul had begun to pass on.
9:52 am: Messages exchanged on Aug. 10, 2019, reveal more information about the death rating of JJ.
9:50 am: More messages show that Lori tells Chad to ask the lord to take the people in their lives who are possessed by demons.
9:47 am: Two images are displayed in the courtroom. Alex Cox sent these photos of himself and Chad in an LDS church. Chad said to Lori that they were both exalted beings.
9:44 am: More messages reveal that Chad was referencing some kind of chart to apply death ratings.
9:40 am: As the messages continue, Chad indicates to Lori that he will explain the death percentages further when they talk.
9:33 am: Another set of messages shows Chad referencing darkness ratings for Tammy Daybell and JJ. Chad explains that the death percentages are coming from him. Chad says Tammy's death percentage is "encouraging."
9:32 am: Chad indicates in the messages that he would give them a reason to scream if they act up. The "3s" are a reference to the children according to Hart.
9:30 am: More messages show Chad asking if he should cause pain to the "two 3s" Lori was with at the time. Lori says that if they act up they can "zap them."
9:29 am: A Brighton is referenced, this is another one of Melani Boudreaux's children. A big plan is also referenced in the messages, Hart explains this plan was referenced by the couple routinely.
9:27 am: Another set of messages shows that Chad told Lori that she was being lied to about JJ and that he is still possessed.
9:26 am: More messages show Lori again asking Chad for a darkness rating on JJ.
9:25 am: Hart confirms that Charles Vallow was also deemed dark and possessed ahead of his death.
9:22 am: More messages between Chad and Lori reveal that, on July 23, 2019, the two were discussing Tylee's behavior. She had been acting well behaved and Chad says this is because she "got switched." Chad also offers to explain more to her when the two talk.
9:19 am: Another set of messages between Lori and Chad references Blake, the 4-year-old son of Melani Boudreaux. He has a death percentage rating from Chad. Chad writes that he decreased his pain tolerance and increased his pain through some spiritual practice.
9:18 am: Hart explains that he believes the extreme changes coming to Utah were a reference to the eventual deaths of Tammy, JJ, and Tylee.
9:15 am: More messages are shown in the courtroom. They are a continuation of the previous messages. The messages show Lori being upset that their time together would end after the trip and they would be going back to their normal lives.
9:12 am: Another set of messages is displayed in the courtroom. The messages show reference to the "storm" which Hart explains was Chad Daybell's penis. The messages show that he was looking to meet with Lori on a trip that he would eventually take. Tammy Daybell was alive at this time.
9:09 am: The last sentence of the message is referred to by Hart as a direct reference to the death of Lori's children. Lori's response is that that is "sweet."
9:08 am: One of the messages indicates that JJ's death percentage or darkness rating was at 99.99. Chad Daybell refers to himself as Raphael in the messages.
9:07 am: Chad Daybell is flipping through his notes in the courtroom while the texts are displayed.
9:06 am: Hart explains that Lori was asking for Chad to find darkness ratings, or death percentages, of JJ and Tylee.
9:02 am: Another set of messages reveals that Lori was asking Chad for information on the darkness ratings ahead of the deaths.
8:59 am: The exhibit is a slideshow, the first slide documents messages from Lori Vallow to Alex Cox.
8:56 am: Judge Boyce admits the exhibit as the only changes made to the exhibit since January 2024 were the removal of several slides.
8:55 am: Prior objects because he believes that the state has been routinely presenting summaries of their evidence the night before trial and he believes he ought to be afforded ample time to review the information.
8:53 am: After a brief sidebar, Judge Boyce explains that there is a quick evidentiary challenge from Prior that needs to be discussed outside of the presence of jurors.
8:49 am: Hart reviewed iCloud data from Lori Vallow in his investigation, he explains that an exhibit summarizing that data has been created and Blake moves to admit it.
8:48 am: The former agent explains that he and another officer went to discuss the discovery of the bodies with the Daybell children. It was his understanding that they would meet with him, but they declined the next day after initially agreeing to speak.
8:47 am: Hart explains that once the rocks were removed, they discovered JJ's body.
8:46 am: The next photo shows the rocks covering the burial site after the topsoil was removed.
8:45 am: Another photo is displayed, it shows the change in plant growth that helped investigators locate JJ's body.
8:40 am: Blake moves to admit an exhibit into evidence, it's a photograph of the location where JJ Vallow was buried.
8:37 am: Retired FBI Agent Hart is expected to be the final witness presented by the state.
8:34 am: The state begins the day in court as Lindsey Blake calls Doug Hart to the witness stand.
