Day One of Chad Daybell's Preliminary Hearing
Sometimes Even Bad Guys Smile In Court
It’s been a minute since I’ve spent the day with hard, heartbreaking evidence. I am sure many people who watched the hearing were experiencing this sort of thing for the first time. Please understand that trauma is cumulative, and you can’t unhear what you’ve heard. Give yourself some grace tonight. Breathe, pray, take a walk, do some yoga, hug someone, have a glass of wine, watch something silly, and give your heart and your mind space to recover. It’s a marathon, not a sprint.
The first day of this two-day preliminary hearing is in the books, and there were some interesting revelations, but before we dive into the substance, I want to talk about Chad and his demeanor. I saw a lot of comments on social media objecting to him, smiling at different times. Let me say clearly: even bad guys sometimes smile in court. It’s natural. People smile when they’re nervous, and attorneys joke to put their clients at ease. It’s unfair and unrealistic to expect that Chad will never smile in court, no matter what he may have done. For the most part, Chad appeared pretty somber. When the prosecutor brought out the first large photo, Chad averted his eyes and swallowed hard. Maybe he was afraid Rob Wood was going to start with gruesome photos.
The first witness, Detective Hermosillo of the Rexburg Police Department, had a lot of valuable information. Wood was smart to put him on first to give an overview of the case. Even though it’s only a preliminary hearing, and Judge Eddins is an experienced finder of fact, it’s still smart to start with the 30,000-foot level and work down.
Detective Hermosillo outlined some of the evidence. He provided basics, like birth certificates, adoption certificates, and the like. He settled one question; many people wondered if Chad and Lori were legally married in Hawaii. Det. Hermosillo produced and authenticated their marriage certificate from Kaui, Hawaii, on November 5, 2019. Hermosillo testified that he was present for the initial welfare check for JJ on November 26, 2019. He reported that he talked to Chad Daybell and Alex Cox first. Alex said Lori was not home. Chad said he didn’t know Lori well and didn’t have her phone number. Hermosillo thought that was odd because he already knew Chad and Lori were married. Chad finally admitted that he had Lori’s number and gave it to the police. At that time, police were not aware that Lori’s daughter Tylee had not also been seen in weeks. They obtained a search warrant the following day. When they returned, the house appeared occupied; there was food in the refrigerator and the pantry, but all of the clothing was gone. They found a contract for a storage unit in the master bedroom and obtained a warrant to search it.
They found things belonging to the children, such as bicycles and winter clothing in the unit. Hermosillo then established the last day each of the children was seen alive. He reported that he had helped serve the child protection order on Lori in Hawaii, and later been present when the search warrants were executed in Hawaii on their residence and their car. He said they located Lori Vallow through tips and from her cell phone data.
Wood then moved in time to June 9, 2020, when the search warrant was served for Chad Daybell’s back yard. That testimony was wrenching. Hermosillo described how the FBI Evidence Recovery Team (ERT) searched with cadaver dogs, marked off grids, and then began excavating an area about four feet by two feet where the grass was shorter near the pond. The team discovered three flat white rocks; when the rocks were removed, they discovered thin wood panels. Under the panels was more dirt, and he could smell the odor of a decomposing body. There was a discussion about how Hermosillo recognized the smell from his experience at other crime scenes. Under the panels, the team unearthed a black plastic bag. When they sliced open the bag, they found a white bag covering what appeared to be a head. When they sliced that bag open, they saw brown human hair.
Hermosillo testified to the chain of custody as the remains were taken to Ada County for autopsy. The Court TV camera focused on JJ’s grandparents, Kay and Larry Woodcock. Larry was openly tearful, as Kay tried to comfort him. Hermosillo went on to describe the autopsy. He described how the black bag was wrapped in duct tape. The medical examiner opened the black bag, and then then the white kitchen trash bag with a red drawstring that covered the head. Hermosillo said JJ Vallow was clad in red pajamas and black socks. I wonder if we will hear David Warwick testify tomorrow that when he last saw JJ sleeping on Alex Cox’s shoulder, the child was wearing red pajamas. JJ’s body was wrapped in layer after layer of duct tape. The head was wrapped from eyebrow to chin, and when the tape was cut away, there was a piece of duct tape across the JJ’s mouth, “from jawline to jawline.’ His hands and arms were wrapped in more layers of duct tape, and when exposed, his wrists were bound. JJ’s ankles had also been bound. Hermosillo identified the child as JJ Vallow, from all the pictures and videos he had seen.
Det. Hermosillo testified that he was also present when the FBI’s ERT excavated an area around a fire pit that he identified as a pet cemetery. A mass he described as burned human flesh and bone melted in a green plastic bucket was discovered. Those remains were also taken to Ada County for autopsy. Hermosillo didn’t testify further about those remains, so expect there to be extensive testimony about them tomorrow. We know that those remains were identified as Tylee. One of the charges is for the destruction of evidence. Expect an in-depth and difficult discussion of the condition of Tylee’s remains.
The next witness was Detective Stubbs. He introduced the Google location data, how he compiled the data and the aerial photos with “pins” of Alex’s locations. There are three witnesses from the FBI on the witness list. They may not all testify, but I am sure they will have a lot to add about how they tracked all the players and their telephones. Perhaps we will hear more about Lori and Chad’s telephone pings around the time both children died.
Finally, we heard from Melanie Gibb. We had already heard much of her story in the interviews she did with Nate Eaton at East Idaho News and Dateline. What we had not heard was the taped telephone call she had with Chad and Lori. Both Chad and Lori claimed that people in their families are working against them. Chad claimed his sister-in-law was spreading “conspiracy theories” about Tammy’s death. Chad goes on to say that Tammy was “getting weaker and sick.” Chad claims he “begged her to go to the doctor, her heart was failing, she was physically falling apart, and she hates doctors, and she just passed away.” His testimony contradicts earlier reports that Tammy had been training to run in a road race and had been healthy and happy when she visited her family a few days before her death.
It’s no accident that Rob Wood put the testimony of the condition of JJ Vallow’s body on early. He wanted Judge Eddins to know that while JJ’s body was buried in Chad’s back yard, his little mouth taped shut and his arms and legs bound, his mother, Lori Vallow, was attesting to Melanie Gibb that JJ is “safe and happy,” promising “I know exactly where he is, he’s perfectly fine and happy,” and “I’ve done nothing wrong…” It was a chilling way to end the first day.
Now let’s talk about Chad’s attorney, John Prior. There are a lot of people on social media that want to hate both him and Lori’s attorney, Mark Means. These attorneys have a tough job. They are defending people who may have committed some of the most heinous crimes for the basest of reasons. After all, Melanie Gibb said the Lori, “Honey, you got a lot of natural desires, we all know that.”
Defense attorneys have a limited role in preliminary hearings, but this is the first opportunity Chad has had to see his attorney in court. Prior pushed back at times, mostly to demonstrate to his client that he was fighting for him. John Prior is an experienced criminal attorney with a good command of the rules of evidence, which is a critical skill in criminal trials. His objections were often more shotgun than laser-guided, and the judge grew a bit frustrated with Prior not being specific in his objections. “Judge, can I get some more foundation on that?” isn’t the way an attorney objects, even in a rural county. Prior was right, though, Rob Wood was trying shortcuts sometimes, and not being specific enough.
It’s hard to say how Mark Means will perform in the same arena. Remember, the ethics rules don’t say you have to have experience in everything, only that you have to be smart, and make a reasonable effort to prepare yourself before trial. It may be a steep learning curve for Means, but it isn’t forbidden under the Idaho Rules of Professional Conduct.
Tomorrow, we can expect the FBI agents, the medical examiner, and David Warwick for sure. Drop me an email if you have questions or comments.
