BOISE, Idaho — This morning, a medical examiner will return to the stand for cross examination in the case of Lori Vallow Daybell.
The examiner performed the autopsy on Tammy Daybell, saying on the stand that there was no evidence of Tammy ever having seizure-like activities before her death.
On Monday, a DNA expert pinpointing Lori's DNA at the crime scene. A hair, containing Lori's DNA, found on the duct tape that was bound around JJ Vallow's body.
"Of all the evidence that was given and presented and documented, Lori's hair, to me, was the single biggest moment," said Larry Woodcock, JJ's grandfather.
RELATED | Did the defense miss an opportunity?
Court began today with the cross-examination of the Utah medical examiner who performed the autopsy on Tammy Daybell's exhumed body.
The defense, as expected, began questioning Dr. Erik Christiansen regarding his credentials, education and experience.
He begins stating that the original death certificate had said natural causes, and comments that Christiansen had determined the cause of death had been asphyxiation.
Questioning then pivots to Christiansen's process of performing the autopsy on Tammy, what swabs were taken, review of the x-rays. They point out medication that Tammy was on, a Prozac generic, asking if it could cause seizures. Christiansen says it's possible, but he believes a seizure had been highly unlikely.
Defense asking about Tammy taking vitamins and could that have contributed to her Tammy. Christiansen tested for poisons, heavy metals. Sent it to a Utah lab.
— Idaho News 6 (@IdahoNews6) May 2, 2023
Christiansen testifies that vitamin testing had not been done on the tissues.
The conversation moves to the bruising found on Tammy's body. Christiansen reiterates that he believes the bruising is more indicative of being restrained versus from falling. He also states his determination of asphyxia was based on locations of the bruising. The defense inquires if it is possible Tammy was laying dead in her bed for several hours before being discovered, and Christiansen it was.
The defense was done questioning, and during re-direct by the state, the prosecution asked clarifying questions regarding the cause of death, toxicology, no seizures being in Tammy's history, and bruising consistency with restraint.
Determined the bruises or acute injuries happened close to death…they appeared to be consistent with restraints.
— Idaho News 6 (@IdahoNews6) May 2, 2023
Dr. Christiansen's testimony was over, and the witness excused.
NEXT WITNESS
The state recalls Detective Bruce Mattingly of the Fremont County Sheriff's Office, who had received the call on October 19 with the report of Tammy Daybell's death. After sending deputy Greenhalgh to the scene and receiving reports that noting appeared suspicious at the scene, Mattingly did not go to the house.
Mattigly testifies that their office began investigating the missing children on Nov. 1, and then investigating Tammy's death in December. During this time, Rexburg police, Chandler, AZ police, the FBI and other agencies became involved in the investigation.
Mattingly has additional police training in death investigations. Said while other agencies were involved in the missing children. It then became a joint investigation.
— Idaho News 6 (@IdahoNews6) May 2, 2023
Questioning continued with the review of Tammy's medical records and Mattingly testifying that nothing off had stood out, and thought that Chad's description of her health was opposite of what evidence was showing them. Tammy appeared to be very active, physically, with no apparent slow-downs in the months leading up to her death.
The prosecution admits copies of two life insurance policies belonging to Tammy at the time of her death that Mattingly testified to having found. Both had Chad Daybell, her husband of 30 years, as the beneficiary, the policies totaled $430 thousand and were paid out to Chad.
During cross-examination, the defense confirms that detectives had learned that Lori was in Hawaii at the time of Tammy's death and no evidence of cellular devices owned by Lori were detected at the Daybell property at that time.
The defense also asked questions about Tammy's medication and health before focusing on the life insurance policies. Mattingly testifies they discussed the idea of fraud regarding the claims on the policies, but was unaware if anything ever amounted from it.
During re-direct from the prosecution, Mattingly testifies that he was not aware of any charges pending against Chad regarding insurance fraud, but confirms they were aware Chad was living off the proceeds with Lori in Hawaii.
The witness is dismissed without any re-cross-examination from the defense.
NEXT WITNESS
The prosecution called Alice Gilbert. Gilbert was a neighbor of the Daybells since 2017 and a member of their church who worked closely with Tammy at the church for a year before her death.
At church she observed Chad and Tammy were a normal couple but then in 2019 he became distant to her.
— Idaho News 6 (@IdahoNews6) May 2, 2023
Gilbert also testified that Tammy appeared to be in very good health and that she had never witnessed Tammy having any shaking fits or seizures.
Gilbert says she learned of Tammy's death from the Daybells' daughter, and when she went to the house, noted the children's and Chad's behavior.
Gilbert says Chad told her not to say anything for about an hour. She called the Bishop and then went over to Daybell’s. Chad greeted her. Children were stunned. Says Chad didn’t seem sad.
— Idaho News 6 (@IdahoNews6) May 2, 2023
She says she was stunned by Chad's explanation of Tammy's death, and surprised at how quickly they were having a funeral and memorial service. Chad also told Gilbert he didn't want to be in the house and was going to Rexburg to stay with a friend who had a condominium there. Gilbert assumed it was a male friend.
Gilbert also visited the Daybell children, still living in the house, following their mother's death, and testifies that Chad had become very disengaged with them.
Said The Daybell children were struggling. Daughter named Emma told her that Chad didn’t want anything to do with her or her siblings.
— Idaho News 6 (@IdahoNews6) May 2, 2023
Gilbert testifies that Chad came to visit the following week and reported he was doing well and was getting remarried. Shortly after, Chad introduced Gilbert to Lori at the church.
Chad brought Lori to the Gilbert's home during the last week in October to get acquainted. Lori told them her husband had died of a heart attack, and she had recently lost a daughter. Gilbert was left with the impression that Lori had no other children.
Lori told Alice she had lost a daughter but never gave details.
— Idaho News 6 (@IdahoNews6) May 2, 2023
Gilbert testifies Chad and Lori came for another visit after they came back from being married and showed them wedding photos, remembering it to be about two weeks after the initial visit.
Gilbert then testified that in early 2019, Chad had told her he had a vision that Tammy would not be alive past the age of 50.
After Lori was arrested (for not reporting a missing child), Chad asked to stay at the Gilbert's home, but they said they did not have room.
Chad told Alice he had a vision about spending the rest of his life with Lori. Then when Lori was arrested in Hawaii Chad asked if he could live with them.
— Idaho News 6 (@IdahoNews6) May 2, 2023
He then asked if the Gilberts would put up their property to secure bond for Lori and even set up a meeting with a bondswoman.
At this time, Gilbert testified that she had heard about Lori's missing kids and confronted Chad about it. Chad denied telling Gilbert that Lori's daughter had died, but when he talked about the daughter not liking him, Gilbert noticed he referred to her (Tylee) in the past tense. Finally, Gilbert recalls overhearing Chad telling someone that they (the Gilberts) think he killed his wife. The state had no further questions.
Upon cross-examination, Gilbert testifies that she used to listen to Lori's podcast with Melanie Gibb and that it was about positive things. She also said she knew Chad was an author and had read some of his books. She and her husband had attended a few of the seminars where Chad spoke and promoted his books.
They attended two of Chad’s seminars. He was selling his books. She thought it was interesting to listen to Chad but doesn’t know if she could believe in what he was saying.
— Idaho News 6 (@IdahoNews6) May 2, 2023
Gilbert confirms that the seminars were not sponsored by the LDS church, though many LDS followers attended them. She remembered that Chad's discussion topics focus on his beliefs about the end of the world. Gilbert never sought spiritual guidance from Chad, as she did not agree with all of his beliefs.
The final question from the cross-examination was for Gilbert's opinion on whether or not Lori was enamored with Chad. Gilbert said she believed they were definitely in love.
During re-direct from the prosecution, Gilbert confirms that Chad was more affectionate with Lori than with Tammy.
No further questions and the witness is excused.
NEXT WITNESS
The state swears in Todd Gilbert, Alice's husband. They ask Todd about his relationship with Chad and how well they know each other.
Todd testifies he read some of Chad's books and that Chad told him the books were fictional and based on his dreams and visions.
Todd also remembers Chad telling him of his vision that Tammy was going to die.
Todd agreed with Chad about some of his beliefs, but not all of them. He was tired of hearing Chad discuss (end of the world) preparations and took a break from their discussions.
At Tammy's funeral, Todd testifies that he didn't think Chad appeared sad, though showed some emotion when speaking during the ceremony.
Todd also testifies to the same information heard from his wife, about meeting Lori, listening to the podcasts, and that Chad and Lori were acting like teenagers in love just a week or so after Tammy had died. He also confirmed he had never seen Chad behave like that with Tammy.
Todd recalled the same conversation his wife had testified about, asking if Lori had any children, and Chad responding that her daughter had passed on.
Asked about her children… and Chad quickly say her daughter passed on. Never mentioned a son.
— Idaho News 6 (@IdahoNews6) May 2, 2023
Todd testified that Chad told him that Tammy had visited him in spirit saying that everything was fine, that her mission was complete on this earth and she could move on.
The final question from the prosecution was about the time that Chad returned to see them after Lori had been arrested and after the Gilberts had learned about Tylee and JJ. Todd testifies that he recalls his wife asking about Tylee, and Chad saying she didn't really like him (Chad) too much.
During cross-examination, the defense team asks Todd about his knowledge of Chad's books and whether or not he believed what they said. Todd responds that he was open to listening, but not sure what to think.
The defense then brings up a book Chad authored about "Brother Gilbert". Todd testifies that he was flattered to have a character with his name in Chad's books.
Chad wrote a series of books with Todd. Referred to him as Brother Gilbert. “Times of Turmoil”. Last day visions.
— Idaho News 6 (@IdahoNews6) May 2, 2023
Todd said that, in his opinion, Chad believed the World was coming to an end and there would be a second coming of Christ. His preachings were directed toward people who were into those preparations and being prepared for Christ's return.
The defense then begins to question Todd about the podcast he and his wife listened to that was hosted by Lori and Melanie Gibb.
- Much debate happens in the court regarding the playing of the podcast. Discussions without the jury, and what should or should not be allowed. Ultimately, the judge allows a portion of the podcast to be played. The podcast, recorded on November 4, 2018, is just under two hours long in its entirety.
The podcast begins and Todd believes this is the podcast he heard, or at least one of them. Participants on the recording are recounting their life experiences and how accepting Jesus in their soul has helped them understand their purpose and push our Satan.
- As Lori begins her turn speaking on the contest, the prosecution objects to it being played without hearing it and the judge calls another sidebar. After much case law was cited, the judge allowed the podcast to continue.
The podcast continues with Lori talking about her salvation and a new mission to wake up women warriors. That she has seen the resurrected Jesus Christ, who told her that her mission was to help people find their mission and purpose. God sends her women to be taught.
Watching Lori seating at the table while she is speaking on this podcast is interesting. She says the Lord sent her to her friend Melanie Gibb.
— Idaho News 6 (@IdahoNews6) May 2, 2023
The defense asks Todd why he listened to this podcast, he responded he wanted to feel uplifted. He also stated that most of the content, though not all, was mainstream LDS based. Todd testified that he believed Chad was beginning to stray from mainstream beliefs.
Todd finishes his cross-examination saying that Chad had told him (as well as his wife Alice) that Tammy had visited him after she had passed to let him know everything will be alright. The defense has no more questions.
In redirect, the prosecution asks Todd if the children of the other participants heard on the podcast were found buried on the Daybell property. Todd says no and the state ends questioning.
Court is adjourned for the day.