BOISE, Idaho — Closing arguments begin today in the trial of Lori Vallow Daybell.
The eastern Idaho mother is charged with murder, conspiracy to commit murder and grand theft.
In just over four weeks of trial, prosecutors called around 60 witnesses, resting their case on Tuesday. The defense also rested their case, saying prosecutors hadn't proven their case beyond reasonable doubt.
After closing arguments, the case will be handed to the jury. Right now, there are 18 jurors but that number will be cut down to 12.
If convicted, Lori Vallow Daybell faces life in prison.
For continued coverage of the trial, you can follow Idaho News 6 online, on air, and on Twitter.
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The courthouse was quite busy this morning, with media and spectators anxious to be inside the courtroom. And Idaho News 6 Roland Beres was in the thick of it.
Before the jury was brought in, Judge Boyce opened today's session by making his ruling as to the request by the defense for judgment of acquittal due to the state not providing sufficient evidence. The judge denies this motion on all charges.
Judge rules against the defense on all counts and case continues
— Idaho News 6 (@IdahoNews6) May 11, 2023
The jury was escorted into the courtroom and Boyce went over all of the jury instructions, defining terms in the charges and reviewing the expectations of deliberations.
The prosecution comes out of the gate declaring this case is about money, power and sex, alleging that Chad Daybell and Lori recruited Alex Cox in pursuit of those three goals.
After recounting the finding of the remains of the children and continued collection of social security payments, the state started to lay out the threads of conspiracy leading to the murders of Lori's children and Tammy Daybell.
Wood says Lori never reported her kids missing so she could keep collecting the money.
— Idaho News 6 (@IdahoNews6) May 11, 2023
The prosecution continues on to the digital data evidence, pointing out parallels in the timing of searches for gun modifications, wind directions and wedding dresses and how they relate to attempted shootings, suspected burning activity and murder dates.
Wood. Her boyfriends wife is being buried the same day Lori is searching for wedding dresses on line.
— Idaho News 6 (@IdahoNews6) May 11, 2023
The state further stresses the locations of electronic devices, and how they correlate with locations known for attempted shootings and burial sites, in addition to increased communications between the parties at key moments in the timeline of the crimes.
Wood now talking about all the text messages between Lori, Chad and Alex on night Tammy dies.
— Idaho News 6 (@IdahoNews6) May 11, 2023
Throughout the state's argument, a variety of photographs of the children, Tammy, their remains, and the property where they were bodies were found were shown on a big screen.
Wood showing pics of Tylees bones. Now closeup of jj bound and dead in ground
— Idaho News 6 (@IdahoNews6) May 11, 2023
The prosecution continues with evidence of receipt of monies belonging to JJ and Tylee, that they alleged was planned and the motivation behind the murders. The state is careful to point out that if over $1000 not intended for Lori was collected, it is considered grand theft.
Money is motive for murder, says wood.
— Idaho News 6 (@IdahoNews6) May 11, 2023
Focus is then shifted to intent. The state reviewed text messages between Lori and Chad, and Lori and Alex, showing manipulation, common beliefs and what they believed were obstacles in their plans for the future.
The state finishes by reiterating that Lori continued to lie about where the children were (without ever reporting them missing), continued to collect the money intended for the children, and continued her love affair with Chad Daybell.
Who is the common thread? - Lori vallow, says wood.
— Idaho News 6 (@IdahoNews6) May 11, 2023
Before the defense begins its closing argument, it is important to note that the attorney for Chad Daybell, John Prior, has just arrived in the courtroom. Prior has been present for much of this trial in his own preparation to defend Chad Daybell.
RELATED | Chad Daybell appears via Zoom for a status conference in his court case
The defense started by thanking the jurors and empathizing with them for the difficult job they have ahead of them. The defense also states they are "small-town lawyers" and reminds jurors that the burden of proof lies with the prosecution, not the defense.
The argument began with reviewing who, they think, Lori Daybell is, and offered a brief history about where she grew up, her life and her failed marriages.
The defense goes on to say how everything changed when Lori met Chad Daybell, and points to what they believe, is Chad's manipulation of Lori.
He says Lori was manipulated by love and lust.
— Idaho News 6 (@IdahoNews6) May 11, 2023
They continue to reference the wild religious beliefs from Chad and make note that Lori was not present at the Daybell property during any of the crimes, and that the electronic data is proof of that. Since the content of the messages was not obtainable, the defense assesses the messages could be as simple as asking if they want a Coke or a Diet Coke.
The defense submits that Lori lied to protect Chad.
The defense then directly addresses the hair belonging to Lori found on the duct tape found with JJ's remains, saying they hope that every mother's hair could be found on their child's pajamas. [JJ had been buried in his socks and pajamas.]
He says the hair could have come from jj’s clothing because it’s normal to have hair from a mom on your clothing.
— Idaho News 6 (@IdahoNews6) May 11, 2023
Next they address the shooting attempt and death of Tammy Daybell. In addition to Lori not being present for these events, the defense says that many details were not provided about the shooting attempt, and that it is not even certain that Tammy was even murdered.
They also present that Tammy was most likely aware that Chad had seen visions that she would pass before turning 50, and this could be the reason for the increase in life insurance. Asking why Tammy would have stayed with Chad if he was so nutty, unless she believed him.
The defense then apologizes for the behavior displayed against the witness Audrey Baratterio. They say they were quite overwhelmed with her story, and that they firmly believe that it was made up, questioning why she would have followed Lori to several different states for visits, though did not share the same beliefs that Lori had.
RELATED | Friend testifies Lori Vallow threatened to kill her
The defense offers a theory that Chad and Alex were most likely the two that killed and buried Tylee and JJ, but asks if there were any direct messages from Lori asking about when they are killing them.
They finish by saying that Lori is a follower of Jesus and that she believed Chad was a follower of Jesus as well. She followed Chad, Chad was the leader, Lori was the follower.
Archibald asks why can’t Lori escape from chads influence? Says she’s a followe of Chad and is not a leader.
— Idaho News 6 (@IdahoNews6) May 11, 2023
They submit that Lori spent her whole life protecting her children, and that regardless of the verdict, the children will not be brought back.
She spent whole life protecting her children. Archibald ends.
— Idaho News 6 (@IdahoNews6) May 11, 2023
In its rebuttal, the State reiterates the belief that Lori Vallow Daybell is the common thread in these crimes. It conveys that when Lori wants something, she finds a way to make it happen.
After learning that she didn't receive money from the death of Charles Vallow, the state says that she made sure the social security payments were routed properly before the disappearance and deaths of her children.
In a graphic shown on the screen, the prosecution highlights the lies told by Lori. About Tylee attending BYU and that was why she wasn't present when friends visited. About Charles Vallow dying of a heart attack. About JJ being in Arizona with Melanie Gibb when police came on the welfare check, then telling Gibb that JJ was with Kay Woodcock.
Wood: the innocent don’t need to lie, the guilty do.
— Idaho News 6 (@IdahoNews6) May 11, 2023
The prosecution points to evidence in text messages about Lori inquiring about the kids' death ratings, and if there is an orchestrated plan to take the children.
The state asks if she did not intend for her children to die, what mother doesn't report her kids missing.
Finally, the prosecution references testimony from Zulema Pastenes, who testified that Lori told her that nothing Lori did in this life counted from her and that she could do whatever she wanted. They close by asking the jury to make it count from Lori that her children are gone.
Rob wood bang desk and says Lori used to say thing she didn’t like didn’t count for her. Wood says the jury must make it count for jj and for Tyler. Wood says use reason and common sense. Ends with, you must convict her.
— Idaho News 6 (@IdahoNews6) May 11, 2023
Upon conclusion of the state's rebuttal, the judge chooses what 12 jurors (seven men, five women) of the 18 that have been in the courtroom with make up the main jury. He excuses the remaining six, but maintains they will be the alternates if needed.
Two bailiffs now sworn in to manage the jury during deliberations
— Idaho News 6 (@IdahoNews6) May 11, 2023
The case is now in the jury's hands. The seven men and five women deliberated for nearly four hours Thursday. Deliberations will resume Friday morning at 9 a.m.