Lori and Chad's Jail Call
What was that June 9, 202o jail call all about?
August 8, 2020
Since Chad’s preliminary hearing on Monday and Tuesday, there have been a lot of questions on social media about the call between Lori and Chad on the morning police found the children. Why did Rob Wood introduce the recording? What does it mean to the case? I’ve listened to the call many times. Here is my best shot at a transcription, my thoughts about its meaning and its significance to the prosecution.
Lori: Hi, Babe.
Chad: Hello.
Lori: Are you OK? This is the first thing Lori asks. Rexburg is a small community, and this case is all over local and national news. As you might recall, when police showed up at Chad’s house, it was out on the airways and social media in real-time. Nate Eaton was in a helicopter flying over the property, and someone else had already posted drone footage. Lori knew they were searching and where. That’s why her first question is, “are you OK?”
Chad: Well, They’re searching the **** property.
Lori: The house right now?
Chad: Yeah yeah for more evidence.**** so, Mark means will be talking to you. Remember, at this time, Mark Means was still representing them both. He probably had more information and was able to explain to Lori what was going on without his call being recorded. Chad may even have been able to send Lori a message through Means. Still, I doubt Chad’s communication with Means was all that substantive because Judge Eddins would later find that the attorney conflict was waivable, and Means could stay on Lori’s case.
Lori: OK, what? Are they in the house? Lori knows there’s a search on, and she is trying to find out where they are searching. She can’t ask if they are searching the yard for bodies on a recorded line.
Chad: No, they’re out on the property. Chad tells her they are looking in the backyard. He tries to sound vague and nonchalant.
Lori: Are they seizing stuff… Again? Remember, they know these calls are recorded. Lori couldn’t ask outright if police have found the bodies, so she asked if the police are seizing “stuff,” and after a pause, adds “again.” The “again” is to make it sound less like what she is really asking, which is, did they find anything in the yard yet?
Chad: They’re searching. Chad is telling her they are still looking hard.
Lori: Mmm. Lori’s response is hushed, followed by a pause
.
Chad: There’s a search warrant and so …****to take evidence with the kids, This sentence is unfortunately very garbled, but Chad is telling her there is a search warrant, and they are looking for the evidence relating to the kids. There have been other search warrants, but they have been related to Tammy’s death.
Lori: OK, mmm.
Chad: Yeah I saw you tried to put up a call, I’m glad you called.
Lori: Yeah.
Chad: So, We’ll see what transpires. Chad swallows hard here, listening to the recording.
Lori: ‘Kay.
Chad: Yeah, I don’t really…
Lori: What do you want me to do…?
Chad: What? Chad’s sharp response made some people wonder. He sounded surprised or shocked. I’m not so sure about this. They are talking over each other, and that makes the conversation confusing.
Lori: …pray? Some have speculated that this exchange, about praying, may be in code, that pray may be a code for some other action, because of Chad’s response.
Lori: What do you want me …?
Chad: Yeah, pray and …yeah
Lori: OK, what can I do for you?
Chad: I’m feeling pretty calm, I would call Mark, though maybe. Just talk with him.
Lori: Have you talked to him already?
Chad: I did call him, yes.
Lori: So he knows what they’re doing?
Chad: Yes Looks like I got a call from somebody else that I need to talk to, but I love you so much. The call could be a call from one of his family members, or it could be a call from John Prior, who began representing him later than afternoon.
Lori: OK, I love you. Should I try to call you later?
Chad: Um, I don’t know, I.. I don’t know, you can try, I’ll answer if I can. Chad knows the situation is bad, and that he may not be able to answer a phone call.
Lori: OK
Chad: I love you, and we’ll talk soon
Lori: OK baby, Iove you
Chad: Love you, bye.
Why did Rob Wood introduce this at the preliminary hearing? The call, even with its guarded language, proves the conspiracy. Wood will argue that the call proves that Chad and Lori both knew the children were buried in Chad’s backyard and that the search would inevitably turn up the bodies. This is why Lori asks if they are seizing “stuff,” and why Chad tells her, he’s not sure if he will be able to answer a later telephone call. As careful as they are trying to be, this is still the “Oh my God, they’ve caught us, what are we going to do?!” conversation. With Alex dead, they are the only two people who knew the bodies were there. The DA is trying to prove they knew.
There has also been a lot of talk on social media about John Prior’s performance in the hearing. In every case, the DA tries to build a monolithic case, piece by piece, like building a brick wall. The job of the defense is to poke lots of small holes in the case until it looks more like a flimsy bit of swiss cheese. It’s rare when a defense lawyer can build their own wall, by presenting an alibi, or a plausible alternate theory of the case. In most cases, the defense is simply trying to poke enough small holes in the prosecutor’s wall that when the judge or jury takes all the hole together, it’s enough to give them a reasonable doubt. Prior was doing that in the preliminary hearing. He was picking at small snags in the evidence because that’s his job. Was the excavation ten feet square or twenty feet? Was there a raccoon? Or maybe you didn’t look hard enough for it, because finding it would bolster Chad’s narrative. Yes, sometimes, it made him look like a jerk, and his mannerisms and body language didn’t help. Yes, he was aggressive and argumentative and dismissive at times, even with Judge Eddins. Sometimes lawyers believe that their clients expect that kind of behavior.
