Chad's Adult Children Speak Out 9/4/21
Hello Friends.
Of course, as soon as I published a newsletter speculating that a media organization filed the motion to intervene, Mark Means proved me wrong. And may I just say, Mr. Means – What the Hell? Will he never cease confusing the rules of civil procedure with those of criminal procedure? We know he filed it because we have the response from Lindsey Blake and Rob Wood. First, I’m trying to figure out why Means thinks he needs to intervene in a case where his client is already a codefendant, and second, how he gets there using a civil rule in a criminal case. And I wonder what Jim Archibald thinks of this. By now, Archibald has probably rolled his eyes so many times he’s starting to worry they’ll stay there. As I said before, there are a few narrow circumstances where the court will entertain a motion to intervene, and “I don’t know my butt from the rules of criminal procedure” is not one of them. There have been times when media organizations have been permitted to intervene in cases for the limited purpose of objecting to a court’s ruling regarding press access. So please, Mr. Means, stop humiliating yourself and embarrassing our noble profession with your ignorance and arrogance.
John Prior has asked to continue the hearing on his motion to dismiss because he is still waiting for a copy of the grand jury transcript. It is proper to challenge the basis of the indictment, and that procedural challenge should be made before challenging the substantive facts in the case. It’s the state’s responsibility to ensure the grand jury transcript is done and provided to the defense. This delay appears to be on the prosecution. The hearing on the change of venue is still on for October 5, 2021. Chad’s trial is scheduled to begin on November 8, 2021. However, Chad has filed a waiver of speedy trial, so expect a motion to continue that date. I expect a trial may actually happen in late spring or summer of 2022.
Now on to the biggest news this week. Chad’s five children broke their silence and were interviewed on CBS 48 Hours. Many have asked my impressions and have asked about whether they were coached and whether they were paid. As far as I know, 48 Hours does not pay for interviews. I’m sure that John Prior was involved in their decision to speak up, and I’m also sure there was a list of acceptable questions and those that were off-limits.
The image of Emma Daybell, in boots, tromping across the spots where the children’s bodies were found was chilling, as was her comment about her father’s experience as a gravedigger. Since her father was a professional grave digger, Emma said that he most certainly would not have buried the children in shallow, unprofessional graves. But, oh, Emma, I must disagree.
I harken back to something Melanie Gibb explained in her interview with Nate Eaton of East Idaho News. Melanie said that Lori and Chad were so convinced that the end of the world was coming that they didn’t worry about things. They were convinced that once the earthquakes and tribulation began, no one would notice how quickly they married after Tammy’s death or whether they were together while both were still married. They were sure the public would be far too busy with their own survival to notice anything Chad and Lori were doing. I think that attitude extended to the burying of Tylee and JJ’s bodies. Remember that LDS doctrine teaches that although Jesus was the first person to be resurrected, all those who have lived on Earth will be resurrected in their bodies in the end times. If the children’s bodies were just going to be resurrected right away, there was no need for elaborate burial.
During the interview, Chad’s children insisted on their father’s innocence and claimed Lori and Alex framed him. There are two ways codefendants approach a case; they can either present a united front or point fingers at one another. I have always thought Chad and Lori would remain united until the bitter end, but that may not be so. If I had to guess, Chad’s defense would be that Lori and Alex framed him. Lori’s defense will be that Chad and Alex deceived her by telling her the children were being hidden in a safe place. There is no doubt; both will put the bulk of the blame on Alex, who conveniently isn’t here to defend himself.
I believe the Daybell children are victims. I recognize that people disagree and will object to my saying so, but there is no evidence that they were involved in Chad and Lori’s crimes. In my opinion, these young adults were raised in a religion that values submission and operates within a strict hierarchy of power and control. It is also a faith that values and recognizes the importance of personal revelations. These are young adults who were taught that fathers were the undisputed head of the family, endowed by God. Their father, Chad Daybell, took it one step further and convinced his children and their mother that he alone received messages and guidance from beyond the veil. Chad’s children believe he has extraordinary powers and gifts and that those special powers are to be believed and revered. Many other people we’ve heard from also believe in Chad’s special gifts.
As Dr. John Matthias said in last night’s live on Hidden True Crime, “families are the foundation for mental health.” He points out that optimal families encourage children to express their emotions and opinions. It’s clear the Daybell family was not optimal. Dr. Matthias identified them as “enmeshed.” An enmeshed family shuts out the world and closes ranks, and when they do, they also shut out reality.
Interestingly, in the absence of both parents, it appears that Emma, and to some extent, Garth, have stepped in to take Chad’s place in the family. Considering the LDS church’s doctrine on the women’s place in the family, I find it unusual that Emma is the primary family spokesperson. Still, she looks to her brother, Garth, to backstop what she says.
The interview provided us with information that conflicts with other public statements. If you recall, Chad’s letter about the two parts of his life included a description of Tammy’s death. Chad claimed that he awoke to find Tammy gone, with a sweet smile on her face. Garth’s version of events paints a more frightening scenario. Garth heard a thump, then heard his father calling for him. When he rushed into the room, he found his mother half off the bed and helped his father put her body back on the bed. He described Chad as pacing, pointing at family pictures, and saying she could not be dead. Emma also claims that she was present when her father was arrested. She reports that she talked to him as he was put in the back of a police car. Readers may recall that after the children’s bodies were discovered, Chad drove away from his home and was detained by the side of the road a mile or two away from the house. There are a few photos snapped by someone driving by, and none of them show Emma. That doesn’t mean she wasn’t there, but it does make one wonder. According to Emma, Chad asked her why he was being arrested, and it was she who told him the police had found human remains in his backyard. Compare this claim with the telephone call between Chad and Lori earlier. When Lori called Chad from the jail that morning, it was clear she already knew something was going on – her first question was, “Are you ok?” When Chad tells Lori the police are searching, she asks, “Are they seizing stuff…again?” It’s a blatant attempt by Lori to find out if they’ve found anything. While Emma and Garth’s stories conflict with things we’ve heard previously, they offer us a glimpse not only into the family but also into a possible defense strategy.
Chad’s defense strategy may look something like this: “I was taken in by Lori and her feminine wiles. Lori believed completely everything she had learned about the second coming of Jesus and the upcoming tribulation. She was utterly convinced the world would end in July 2021. I didn’t know what Lori and Alex were planning, and I didn’t know Alex Cox buried the children’s remains in my backyard. I believed Lori when she told me she had to hide the children to keep them safe. I didn’t realize how mentally ill Lori and Alex both were.” Lori’s current mental incompetence reinforces this defense. Lori may never be restored to competence if Chad is fortunate, leaving his as the only story.
On the other hand, Lori will likely claim that she believed absolutely that Chad was a prophet and that she was doing what he told her. She believed Jesus would return in July 2021 and believed Alex and Chad when they told her they had put the children somewhere safe; they convinced her she didn’t want to know where the children were, so she couldn’t accidentally disclose JJ and Tylee’s whereabouts. Lori will claim that her mental illness interfered with her ability to discern Chad’s deception, and because of it, she was utterly taken in by Chad’s claim that he was a prophet.
If you are like me, you are impatient for this case to move along so that we can finally find out the whole story. While the case is pending, it would be inappropriate for me to interview many of those involved, and I am looking forward to the time I can finally dig deep into the story.
