BOISE, Idaho — Wednesday is slated to be a difficult day at the Ada County Courthouse.
The prosecution in the trial of Lori Vallow Daybell, moving toward the graphic testimony of the discovery of the remains of Tylee Ryan and JJ Vallow in 2020.
Related: FBI Agent testifies to methodology and findings during excavation at the Daybell property
FBI Special Agent Steve Daniels expected to return to the stand this morning to continue his testimony on the discovery of JJ. The testimony of medical examiners is likely to follow.
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Court begins today with the continued testimony of FBI Special Agent Steve Daniels. Questioning is more detailed on the methodology and findings in the two separate grave sites, first finding JJ's remains, then finding Tylee's.
The remains were found in two different areas, and Daniels testifies that the condition of the bodies were vastly different.
JJ's was very precise, giving thought to how the body was stored and buried as related to decomposition and ground impressions. His body was found intact and wrapped in duct tape and plastic bags, with rocks and planks placed above it to prevent the ground from sinking.
Daniels says whoever buried this body put thought into the process of it decomposing so that there isn’t an impression from above
— Idaho News 6 (@IdahoNews6) April 26, 2023
Tylee's remains were in pieces and a mass of organic material melted and charred.
The state submitted several photographs into evidence, of which the defense objected and was overruled, and completed their questioning of Daniels.
Defense began their cross-examination. First they were verifying the experience level of Daniels, and then getting into the details of the process of excavating the firepit. Daniels was not able to confirm if the dirt outside of the firepit was sifted, and the defense questioned his level of preparedness for testimony.
They were no further questions from defense or prosecution, and Special Agent Daniels was excused.
RELATED | Detectives from local police and FBI offer testimony on evidence findings
NEXT WITNESS
The state called Dr. Garth Warren, a forensic pathologist specializing in determining how people die, to the stand. Warren works for the Ada County Coroner's office, and testifies that cases he reviews are not typically considered natural deaths.
Warren conducted the autopsy on JJ Vallow on June 11, 2020. He determined that JJ died of asphyxia by plastic bag over the head and duct tape over the mouth.
Scratch marks on the bag could indicate that JJ struggled to get the bag off of his head
— Idaho News 6 (@IdahoNews6) April 26, 2023
His body was bound with duct tape and had bruising on the arms and abrasions to the neck. JJ was wearing a red pajama top, red pajama bottoms and black socks. Duct tape, plastic and several bone and tissue samples were given to law enforcement.
Warren concluded JJ had no overt diseases, and no fractures to his bones. Low levels of alcohol, an antidepressant and caffeine were found in the toxicology report.
The state enters over three dozen photographs of the autopsy being conducted. Defense objects. State argues it is the best way to show what happened. Boyce overrules the objection. Defense requests photos only be submitted in black and white. Judge calls for a sidebar and Judge and attorneys briefly leave the courtroom.
Boyce returns to the bench stating that after careful consideration of the evidence, it would be inappropriate to show many of the photos due to their graphic nature.
Autopsy photos are being admitted to the court, defense objects, judge overrules, judge just had a side bar regarding said photos and the court thinks it would be inappropriate to show these photos and will only be published to the jurors and the court but not the public
— Idaho News 6 (@IdahoNews6) April 26, 2023
Warren continued his testimony describing the process of receiving, the condition, and examination of the remains of JJ Vallow.
The prosecution then pivots questioning to the autopsy of Tylee Ryan.
Warren testifies that this was a different type of autopsy for him, as the body was not intact and the remains arrived in separate bags.
Warren now speaking on Tylee’s remains which were delivered to the Ada county coroners office in three separate body bags
— Idaho News 6 (@IdahoNews6) April 26, 2023
This examination took him about a week to complete. All parts were x-rayed, and Warren stated they contained a lot of mud and dirt. He says that he was able to extract some skeletal muscle allowing for some form of toxicology. No evidence in toxicology indicated that Tylee was alive when the pieces of her body were burned.
No evidence that Tylee was alive when she was burned.
— Idaho News 6 (@IdahoNews6) April 26, 2023
Warren testified that any internal organs found had significant charring and were in advanced stages of decomposition. Not all organs nor bones were retrieved. Warren was able to say the death was a homicide, but not able to pinpoint the cause.
Cause of Tylee’s death is homicide by unspecified means
— Idaho News 6 (@IdahoNews6) April 26, 2023
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When Warren returned to the stand after the lunch break, he was asked to clarify what is meant when saying "homicide by unspecified means". He explains that the death has to involve objectively suspicious circumstances and that dismemberment, burned body parts, and hidden burial all qualify. A second criterion is that the death cannot be explained after the autopsy is completed.
He determined during the examination that the death was not caused by her medical history. Tylee was officially identified using DNA obtained from the remains.
The prosecution asks to admit photographs of Tylee's autopsy. Although the defense objects, the judge overrules the objection and the photos are admitted into evidence, but again consents that any considered overtly graphic will not be available for the public to see.
Prosecutors just showed evidence bags, the next photo was asked to not be shown to the public
— Idaho News 6 (@IdahoNews6) April 26, 2023
Again, Warren continued his testimony detailing the process of receiving, the condition, and examination of the remains, this time, of Tylee Ryan.
Most all of the soft tissue and bones showed significant charring, leaving many unrecognizable.
Evidence being shown is photos of charred fragments of bone
— Idaho News 6 (@IdahoNews6) April 26, 2023
After review of the photographs, the state ends its line of questioning, and the defense begins cross-examination.
As with previous witnesses, the defense asks questions regarding his background, education and training. Warren also clarifies he works with law enforcement, not for them.
The defense asks if law enforcement instructs the coroner on what to collect. Warren explains that there are standard collection procedures in any autopsy, though law enforcement is permitted to ask for specific things.
Although photographed, Warrens answers that the autopsies were not videoed. He says he does not remember specific conversations held in the room during the process. He does testify that he had a briefing with police and was given the timeline from the time the children disappeared through finding their remains before the autopsies began.
The defense questions how Warren had concluded that JJ was asphyxiated, especially learning that JJ's sinuses were not swabbed. Warren testified he would never swab that area, and his conclusions are based on the findings with duct tape, plastic bags, and obvious signs of struggle.
Defense is asking if they swabbed the nasal cavity of JJ, Warren said no, defense asked then how did you come to the conclusion that he died by asphyxia. Warren said it’s because there was a bag over his head.
— Idaho News 6 (@IdahoNews6) April 26, 2023
After a few back and forth's regarding the lack of nasal swabbing, which defense says they learned from TV and movies that is how to determine asphyxia, questioning moved on to the bruising found on JJ's body. Warren testified that bruising most likely occurred within hours of death.
Defense says he saw on “Tv shows and movies” that nasal swabs are the way that coroners determined death by asphyxia. Warren said “that’s scary” that his knowledge came from that
— Idaho News 6 (@IdahoNews6) April 26, 2023
The defense has no additional questions and no re-direct from the state. Dr. Warren is excused.
NEXT WITNESS
The prosecution calls their next witness, Dr. Angi Christensen, Forensics Anthropologist for the FBI in Quantico, Virginia. Christensen specialized in the analysis of skeletal remains.
Christensen testified that the Ada County Coroner had requested her help to analyze the bones of Tylee Ryan. She examined around 100 bones belonging to Tylee, stating that all major parts of the skeleton were represented in her assessment.
Christensen testifies that many of the bones were fragmented and charred, and that three bones had sharp edges likely created by an impact from a tool, and at least one bone had been bent.
She also states that the bones were subjected to thermal damage, and that burning will change the color of bones (to tan, then black and then white).
There were a few bones that also showed gnawing marks indicating "carnivore activity", meaning something had chewed on them.
Court showing the left and right femur that are charred and experienced “carnivore activity” meaning something chewed on these bones
— Idaho News 6 (@IdahoNews6) April 26, 2023
Christensen explains she has expertise in different types of bone trauma, and that three of Tylee's bones indicated sharp trauma, although she was uncertain of the tool used to cause the trauma.
Christensen also indicates that the bone trauma she saw is not consistent with dismemberment and that only bones from the pelvic region showed sharp trauma. Referencing a CT scan she performed, Christensen shows where she observed trauma on both sides of the bones, indicating an instrument had gone the whole way through.
Due to the lateness of the hour, Boyce adjourns for the day.