Lead FBI Agent testifies about communications uncovered between Lori and Chad Daybell

BOISE, Idaho — Court adjourned on Thursday with much debate happening over the request to admit a summarized account of over 100,000 data points reviewed and analyzed by the FBI.

Although the judge had said the FBI Special Agent set to testify, Special Agent Douglas Hart, would be permitted to show his summary (though not admit into evidence).

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Overnight, the exhibit was reworked by the prosecution, though the defense has opened Friday's proceedings objecting, yet again, to the report, arguing that a significant amount of the analysis is hearsay and subjective.

Sketch by Lisa Cheney

The defense, furthermore, maintains that Hart has violated the exclusionary rule and should not be allowed to testify. Without the jury present, Hart is questioned regarding his involvement with other witnesses.

The prosecution asked Hart if he had read any prior testimony. Hart says that although he had helped other agents prepare for their time on the stand, he has not had any involvement with, nor read the testimony, of previous witnesses.

Upon questioning by the defense, Hart says that he has not discussed any testimony with colleagues who have been present. He also says that he was asked to leave the room multiple times throughout the past four weeks.

Judge Boyce determined there was no violation of the exclusionary rule and allowed the witness to testify.

After the jury was brought in, the state began questioning FBI Special Agent Douglas Hart. Hart has experience investigating drugs, conspiracy, homicides and violent crimes. He testifies that he has been involved in dozens of missing children cases, as well as cases involving clandestine burial sites.

The prosecution enters thumb drives with all of the documentation of evidence retrieved from iCloud accounts into evidence, and the defense, in front of the jury, objects to the evidence saying it contains hearsay. The prosecution argues it has statements made directly from the defendant and should be allowed. The judge overrules the objection.

Hart testifies that he has worked as the FBI Behavioral Analysis Coordinator in Idaho for about 13 years. He says the FBI has a specific unit, the Child Abduction Rapid Deployment team (CARD), that contains the world's foremost experts in those types of cases.

Hart says he was brought into the case November 27, 2019. Cell phone records, business records, tips, leads, everything was followed up on. Hart was in charge of the FBI investigation of this case.

Hart was on-site the day the Daybell property was searched, June 9, 2020, and describes what led them to find the area where JJ's remains were located.

Questioning then pivots to the analysis of things found in the iCloud on accounts proven to belong to Lori. Hart explains how things are stored, extracted and reviewed.

Filters were utilized to begin the analysis of electronic data obtained beginning October 26, 2018, the day Lori was introduced to Chad Daybell. Items reviewed included over 13,000 text messages, images, voicemails, etc. Hart explains his process of eliminating data not relevant to the investigation.

Hart testifies that several interactions between Lori and Chad, after their affair supposedly began, were about the deaths of Charles Vallow, Tammy Daybell, JJ Vallow and Tylee, and that the victims were consistently referred to as "obstacles".

Hart also describes finding financial information and discussions of a large life insurance policy belonging to Charles and social security payments for JJ and Tylee.

Communication between Alex Cox and Lori, as well as Cox and Chad were flagged. Hart refers to a summary presentation of unaltered messages and the prosecution asks for the presentation to be admitted into evidence. The defense objects and is overruled, and the summary is admitted.

Hart testifies to conversations between Lori, Chad and Audrey Barattiero, saying that Chad had told Audrey he intended to marry Lori, and that he needed Audrey to act as a liaison to Lori until Tammy died.

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Hart continues to outline data pointing to many people contacting Lori and Chad for religious information, advice and counsel, including Cox and Melani Boudreaux.

Sketch by Lisa Cheney

He also testifies about references to zombies and Dark entities. Messages appeared to have intensified the week that Charles was killed, and Hart noted that he learned from Lori's own words that her marriage had deteriorated.

In a message to Cox, Hart says that Lori compared herself to the prophet Nephi (from the Book of Mormon), who is said to have been commanded by God to slay Laban (who was in possession of records wanted by Nephi).

Text messages between Lori and Charles' two adult sons were shown. Lori tells them their father is dead, though after several requests for information, never explains how he died.

Further texts between Lori and Chad were shown, detailing the Dark rankings of people they encountered, Chad appears to have provided the rankings. Chad also refers to someone being "gone" by a graduation on July 23, 2019.

The agent identified several names used between Chad and Lori for each other. Chad was also, at times, referred to as James and Raphael, and Lori was also called Lily and Elaina.

Hart details continued amorous messages between Chad and Lori. He also points out the timing of messages. Lori ignored many texts from Charles' sons in the days after his death, but was regularly texting with Chad.

As decided earlier, this session was to wrap early, and court is adjourned for the weekend. The prosecution is expected to resume questioning on FBI Special Agent Douglas Hart on Monday.