The prosecution rests, Lori Vallow Daybell defense asks for acquittal

BOISE, Idaho — On Monday, Former FBI agent Douglas Hart completed his second day of testimony to kick of the fifth week of trial. On the stand, Hart read text messages between Chad and Lori Daybell aloud for the jury.

Related: Comparable to a game of Dungeons and Dragons, except the people killed

Many of those texts provided more insight into the early relationship between the couple, as well as their view of Lori's children before their deaths. Hart testified that the texts refer to the children as "obstacles."

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Before testimony begins, Judge Boyce informs the court that, when the time comes, the court will stream the verdict in these proceedings.

As court opens today, the state recalls Nicole Heideman, the FBI tactical specialist who testified a few weeks ago about internet searches and linking multiple cellular phones to Lori, Chad Daybell and Alex Cox.

RELATED | See the original testimony of Nicole Heideman

Questions began about the story Chad had written of James and Elena she found in the iCloud. These are the identities that Chad and Lori believed they were in a past life. Heideman was questioned about the parallel of the stories of James and Elena and the similarities to the stories and actions of Chad and Lori.

As the questioning on the parallels becomes more intimate, the defense objects to admitting the exhibit of the story. After a brief sidebar (away from the jury), the decision is made to not allow the exhibit. Therefore, the state is done with its questioning, and the defense has nothing for cross-examination and the witness is excused.

Sketch by Lisa Cheney

NEXT WITNESS

The prosecution swears in Nicholas Edwards, Investigator for the Idaho Attorney General's office. Edwards currently is deployed with the US Army, and has previously worked for the Pocatello Police Department.

Edwards was originally brought in to investigate the death of Tammy Daybell, and was aware of the search for Tylee, JJ, and the death of Charles Vallow.

Edwards testifies that he learned Lori was the connection between Chad and Alex Cox, that Charles had filed for a divorce from Lori in February 2019, and that neither Chad nor Tammy had filed for divorce, and that Chad married Lori shortly after Tammy's death.

The investigator testifies that he saw text messages from Chad to Tammy urging her to go and see her parents on October 4. The shooting attempt on Tammy in the driveway was on October 9. Although a cellular device owned by Alex Cox was tracked to the shooting range on the day of the attempted shooting, no relationship between Cox and Tammy was ever found.

RELATED | Tammy Daybell's sister, friends and investigators testify about her health at the time of her death

The state enters a demonstrative exhibit created by Edwards.

Between 9:12am on October 9 and 2:28am October 10, there were 90 calls found between Cox, Chad, Zulema Pastenes and Lori. Chad and Cox had been texting each other all day and their devices were together in the afternoon, and four text messages were sent the night of October 9.

The state shows Edwards pictures of the gun owned by Cox and a paintball gun. Edwards, a certified sniper, says the guns look similar enough that one might believe a Grendel AR (the type recovered at the search of the Rexburg apartments) could be confused with a paintball gun.

In addition to the numerous text messages between the group, Edwards found evidence of a casting performed by Lori and Pastenes that same day.

RELATED | Pastenes testifies about Cult-like atmosphere

The next exhibit Edwards put together for review is October 18-19, Tammy Daybell was killed in the early morning hours of October 19. Many texts discovered showing activity between Lori and Chad, Chad and Cox, and Lori and Cox. Many are shown to be in the time frame that the coroner had listed as the likely time of Tammy's death. He also reviews intimate texts between Chad and Lori in the days immediately following.

Edwards testimony then moves to June 9, 2020, the day the Daybell property was searched by authorities and the remains of JJ and Tylee were found. Edwards was present at the property during the search.

Edwards testifies of seeing the change in topography where JJ's remains were found. His description of the gravesite and how the remains were found matches previous testimony. Having a son the same age as JJ, Edwards testified that the finding was quite emotional for him. The state has no further questions.

As expected, the defense begins cross-examination with a review of Edwards credentials. They quickly pivot to a review of the timeline of the many texts between Chad, Cox, Lori and Pastenes and the defense asks what the texts were about. Edwards responds that they do not have the content for all of them, and they could be about any number of things.

After a few other questions about the gun identified by Tammy the day of the attempted shooting and the locations of devices tracked by investigators, the defense concludes their questioning of the witness.

The state has a few re-direct questions, asking about rifle misfires and what sounds they make, to which Edwards testifies a number of things could happen, as well as confirmation of the tracking of a Cox device near the Daybell home on the day of the attempted shooting of Tammy.

With not additional questions, the witness is excused from the stand.

As court resumes after lunch, the defense has let it be known that Lori will not be testifying in her defense, therefore not taking the stand and not being subjected to cross-examination by the prosecution.

RELATED | Defense says Lori Vallow Daybell will NOT take the stand

Also, the prosecution has stated that there is a clerical error in its indictment that they request be amended. Neither the defense nor Judge Boyce are aware of the error. Boyce has asked that the state makes a motion to discuss with the defense and breaks for a short recess.

The state requested to change the indictment charge from 'grand theft with intent to deprive another' to 'grand theft by deception'. The original indictment was issued two years ago by the grand jury, and the defense argues that this is a totally different charge, not a mere clerical error, that they believe with affect the rights of its client. The state argues that the actual indictment text reads that it was grand theft by deception, but the wrong code citation was applied on the paperwork.

Judge Boyce states that the prosecution is allowed to make minor changes to the indictment prior to resting its case, but was clearly annoyed at this request and the incorrect code not being caught before now. Citing that the written word on the paperwork is for the correct charge, the Judge is allowing the change and wants it amended before jurors deliberate.

The prosecution has no additional witnesses and rested its case.

The defense has asked for Judge Boyce to consider Idaho Rule 29, a motion for judgment of acquittal. Asking the court, upon review of the evidence, to determine whether sufficient evidence has been supplied for each count.

The judge reports to the court that he is taking Idaho Rule 29 under advisement.

The defense reiterates they do not believe the state has proven its case and the defense rests.

Lori confirms that she is not going to testify and is exercising her 5th Amendment right.

Closing arguments will begin on Thursday morning.