BOISE, Idaho — This week starts week 5 for the prosecution and testimony in the trial of Lori Vallow Daybell.
Resuming testimony this morning is FBI Special Agent Douglas Hart, the head investigator of the case for the FBI and a key witness for the prosecution.
RELATED | Lead FBI Agent testifies about communications uncovered between Lori and Chad Daybell
The day starts off with discussion and argument about the admissibility of the electronic data evidence summary that is the basis of the testimony of upcoming witness Nicholas Edwards. The defense is arguing the summary is a closing argument that should be delivered by the prosecution, not witness testimony. The prosecution says it is a summary put together by Edwards with no input from the state. Judge Boyce says he will make a ruling prior to the witness being called to the stand.
The state now recalls Special Agent Hart to the stand. His testimony began with text message strings between Lori and Chad Daybell. One sent in mid-July 2019 (after the death of Charles Vallow) is the couple proclaiming their love for one another.
Another string reflects the time that Lori learned that the beneficiary of the life insurance policy on Charles was no longer Lori, and Chad and Lori speculated when and who may have changed it. References were made that it was a group who, per the Book of Mormon, were a secret society of evil people.
New text from Lori to Chad about Charles Vallow changing beneficiaries on his life insurance. Lori calls it a spear through my heart.
— Idaho News 6 (@IdahoNews6) May 8, 2023
Lori also texts Chad that she will still have a monthly stipend of $4000 from social security payouts.
Hart testifies about additional text messages that appeared to be a scale that Chad used, ranking people and determining if they were close to death. Specifically, he was ranking Tylee and JJ.
Intertwined with affectionate and provocative texts, Chad also made a comment about the death rankings of the children belonging to Melani Boudreaux (Lori's niece). This is the first time any reference has been made to Melani's children with now ex-husband Brandon Boudreaux. Brandon had been shot at in his driveway in Arizona.
RELATED | Brandon Boudreaux testifies about being shot at
More text messages between Lori and Chad discuss rankings of people they believe are evil, including Kay Woodcock (JJ's grandmother and beneficiary of Charles' life insurance policy). Chad and Lori used different names for people in their texts, presumable the names of the evil spirits Chad and Lori believed had taken over their bodies, Kay was Rhonda, Charles was Ned, Tylee was Hillary.
There were numerous threads about Chad and Lori's romantic life, both in present and past lives, and how they both believed they were meant to be together.
Numerous texts revealing expressions of love between Lori and Chad shown to court.
— Idaho News 6 (@IdahoNews6) May 8, 2023
However, these texts were intermingled with texts about wanting to cause pain to, who appear to be, Lori's children. Hart points out that these texts are significant because Lori never protested comments made about the children.
Agent Hart reads text from Chad where he tells Lori he will give jj and Mel’s kids a reason to scream.
— Idaho News 6 (@IdahoNews6) May 8, 2023
Hart also reviewed a thread from Kay Woodcock to Lori, essentially begging Lori to allow JJ to come for the funeral of Charles, and that Kay would come to get him. Lori immediately followed up with texts to Chad, where they commented that she doesn't seem motivated to share the money. Lori ignored Kay's requests, and never texted her again.
Hart goes on to review text messages between the two from late July 2019, continuing to rank people who are close to death.
Hart shows text from Chad where he indicates jj and Tammy are at 2-3 percent of life left. Lori responds 2 and 3 percent? Not zero?
— Idaho News 6 (@IdahoNews6) May 8, 2023
As time progresses, texts reveal topics of protections, adoration, rankings, Light/Dark, people moving closer to death or being overtaken by demons. These text threads are between Lori and Chad, and rankings and demons were often referring to Tylee, JJ, Tammy and Blake (Melani Boudreaux's child).
Lori asks if there is a perfectly orchestrated plan to take the children. Chad replies there is.
— Idaho News 6 (@IdahoNews6) May 8, 2023
Text from Chad to Lori about how he is miserable taking a trip with his family before Tammy’s death. Both complain endlessly about how they can’t be together
— Idaho News 6 (@IdahoNews6) May 8, 2023
Hart testifies that he believes that the relationship between Lori and Chad was the driving force behind their alleged crimes.
The state then shows some messages between Lori and Alex Cox, where they talk about eliminating zombies and what needs to be done to eliminate them completely.
*********
Judge Boyce has made his ruling on the exhibit prosecutors hope to admit with the testimony of upcoming witness Nicholas Edwards. Boyce has determined the summary exhibit is more of a prepackaged testimony versus a summary, and will not allow it to be admitted into evidence.
Boyce also rules that the story of James and Elena, a romance story based partly on fantasy, can be submitted for the jury to review in deliberations, but not to be read as part of the record during testimony.
Finally, Boyce says that with modifications that he has specified, he will allow a timeline of events to be entered into evidence.
Court resumes this afternoon with more text messages.
One thread is between Lori and Sydney Schenk, the babysitter Lori hired to help with JJ in Rexford. The exchange was on Sept. 13, 2019, and Lori indicated she will need help with care every day after school and Saturdays. Prior to the hiring of Schenk, Tylee had been JJ's primary babysitter.
Prosecution asking if Lori had help caring for jj. Mainly Tylee. After last known sighting of Tylee on sept. 8 2019. No one according to Hart.
— Idaho News 6 (@IdahoNews6) May 8, 2023
RELATED | Testimony from the day Sydney Schenk was on the stand
The last known siting of Tylee had been September 8 in the video from Yellowstone. The last video/photo of JJ found in Lori's electronic data history was taken September 22. Hart testifies that in a text thread between Lori and Schenk dated September 24, Lori told Schenk that JJ had gone to be with his grandparents with no specified return date.
Hart testifies that messages in early October indicate the travel Lori took to Missouri with Melanie to visit Audrey Barattiero to visit temples and religious sites.
RELATED | Friend testifies Lori Vallow threatened to kill her
Chad had also indicated to Lori in texts that he was unhappy with Tammy and her sister, and that Tammy had been "switched", which the agents interpreted as Chad believing Tammy had been inhabited by demons.
Chad on 10-5-19 tell Lori Tammy is in limbo and occupied by viola, a spirit.
— Idaho News 6 (@IdahoNews6) May 8, 2023
A set of texts between Lori and an unidentified person came through on October 19 telling Lori that Tammy had died. Lori, in texts, said she was unaware and that she was in Hawaii. Lori texted Chad texted that evening and the following days relaying their love and how much they can't wait to see each other and spend each day together.
Hart then testifies to texts from October 23, from Lori to Chad, in which Lori expressed she had dreams about Alex Cox, and that she was concerned he was turning and that he could be used to "get to us".
Lori texts Chad, says he’d be the one they use to get to us
— Idaho News 6 (@IdahoNews6) May 8, 2023
Hart says he saw hundreds of videos in the iCloud between Lori and Chad. Some were blessings Chad gave, to Lori, to Cox, etc. Hart testifies that under the guidelines of the LDS church, Chad was not authorized by the church to give patriarchal blessings. In the blessing Chad gave to Cox, he says he was a warrior and chosen to do important things.
In a video, Chad had told Cox "Well Done, Thy Soul is cleansed," continuing that he was now ready to move forward with powers bestowed upon him. Two weeks later, Cox was dead.
Hart reiterates that they found no correspondence or online evidence about Tylee after September 8, nor of JJ after September 23.
And similarly with jj at later date. So Hart says without explanation, the online presence of jj and Tylee just disappeared.
— Idaho News 6 (@IdahoNews6) May 8, 2023
He also testified that he identified two items about Lori's divorce from Charles, one that her bishop was going to serve her with divorce papers, and one from Charles about it. That state asks is any of Lori's searches or correspondence indicated she was looking for a divorce lawyer, the witness says no.
RELATED | see photos and court sketches from the Trial of Lori Vallow Daybell
After a few more clarification questions regarding lack of content found about Tylee and JJ after they disappeared, the state ends its line of questioning.
As cross-examination by the defense began, they jumped right in asking the agent how he was able to determine Chad's standing in the church and asking what due diligence was performed.
The defense also asked if there were any videos of Lori playing with kids, the witness confirmed that there were.
It was also pointed out that there were plenty of "normal" text messages between Chad and Lori that had not been highlighted. Then they ask if, in Hart's opinion, Lori was a good mother. He stated that with the exception of what happened with her kids, he thought she appeared to be a good mom.
The defense also points out that Chad was in communication with several women (Melanie Gibb, Melani Pawlowski, Audrey Barattiero, Zulema Pastenes), and asks if Hart thought Chad was the leader. Hart responded yes, and that he felt Lori and Chad were leaders together.
When asked about what happens when a person's number reaches zero, Hart testified that from what he was able to piece together in the texts, it meant they were ready for death.
The defense asks the agent if a scale rating could be more like a game. Hart responds yes, with the exception that JJ, Tylee, Charles and Tammy all had bad numbers on the scale, and were killed.
Defense questions if this could be just a fantasy dungeons and dragons type thing. Hart replies it could but for the three dead people.
— Idaho News 6 (@IdahoNews6) May 8, 2023
The final point the defense made was in asking if the agent thought Chad Daybell manipulated people. Hart agreed, including manipulating Lori. The defense had no further questions.
During re-direct questioning, the prosecution asked Hart if he thought Lori ever manipulated Chad or others. The agent testified that he did believe that. The state then asked if any of the other women allegedly manipulated by Chad had their dead children found in Chad's backyard. The agent says no.
With no further questions for FBI agent Hart, the witness is excused, and court is adjourned for the day.