Second Week Trial Recap
April 16, 2023
It's been a full week. Here is your update on this week in the Lori Vallow Daybell trial.
TRIGGER WARNING – THIS NEWSLETTER CONTAINS GRAPHIC CONTENT.
First, a description of the general layout; the courtroom is on the fourth floor. The overflow room is in the County Commissioners chambers on the first floor. The trial is broadcast on a live feed from the courtroom to a big screen in the overflow room. It's also being broadcast to a courtroom in Madison County. The live video is not stored and can't be accessed later. The trial exhibits are projected on a screen in the courtroom and can be seen by everyone in the room. The exhibits are also shown in the overflow spaces. The main courtroom seats about 75 people in three sections. The center section and the first two rows of the side sections are reserved for family and witnesses. The audio recording of the trial is released each afternoon after the close of that day's proceedings.
As you walk into the courtroom, the judge is on a raised dais directly before you. To the far right is the jury box. The witness box is to the judge's right, and the screen where the evidence is projected is to the right of the witness box on the wall, where the jury has a good view of both. The prosecution's table is in the center, facing the judge. The defense table is turned perpendicular so it is facing the jury. I've done the quick sketch above to illustrate.
You may recall a question about who could be in the courtroom if they were subpoenaed as witnesses. Generally, if you appear as a witness, you must wait outside the courtroom until you testify. However, there is an exception to that if you are a victim. Judge Boyce ruled that Kay Woodcock was a representative for JJ but that her husband, Larry, was not immediate family and would have to remain out of the courtroom until after he testified. The prosecution decided they would not call Larry as a witness, so he has been in the courtroom since Monday morning.
Monday, April 3, 2023, jury selection began. The public was only permitted in the public overflow room.
Jury selection took all of the first week. The judge brought the jury in groups of fifteen, and the judge and all the lawyers were permitted to examine them. They reviewed the jurors' answers on a lengthy jury questionnaire, and after much questioning, the pool was whittled to 42 people by Friday. On Friday morning, each side was permitted 12 peremptory challenges. Peremptory challenges, sometimes called strikes, do not require that the attorney give a reason for disqualifying the juror. The process takes place in silence. Each side writes the number of a juror on paper, and it is shown first to the opposing counsel and then to the judge. In the end, the jury does not know which side struck them. When all the peremptories were done, the remaining 18 jurors were given some initial instructions, and the court adjourned. The court has not designated who will be on the deciding jury and who will be an alternate. All eighteen will hear and see all the evidence. Once the case is finished and ready to go to the jury, the judge will draw lots to see which jurors will deliberate. This assures that all jurors attend and pay attention to all the proceedings.
The judge announced that the trial would begin each day at 8:30 am and end at 3:30 pm with two short breaks and one 45-minute lunch break. The court has sealed the witness lists, so the gallery doesn't know who the witness will be until they are called.
Monday, April 10, court was delayed by a technical issue but began shortly after 9 am. The clerk called roll for the jury and swore them in. The clerk read the indictment to the jury, and Fremont County Prosecutor Lindsey Blake began with the state's opening statement. “Money, power, and sex. That's what this case is about.” Blake said Lori used money, power, and sex to get more money, power, and sex. Tylee had money, Blake said; Lori wanted that money, and Tylee was gone. JJ was a young child who took a lot of attention, which took away from Lori's time with Chad Daybell; soon, JJ was gone. Then, when Lori wanted Chad Daybell to herself, and they wanted Tammy Daybell's insurance money, Tammy was gone.
Blake illustrated her opening with a few photographs, some of which were graphic. Blake said Tylee's DNA was found on tools in Chad Daybell's shed. Lori moved Tylee's money from Tylee's account to her own in mid-August. Blake explained that the case began when Lori traveled with Melanie Gibb and Zulema Pastenes to St. George, Utah, for a Preparing a People Conference. Melanie was acquainted with Chad from other conferences, but this was Lori's first meeting. Their connection was instantaneous. Lori had read Chad's books and shared common beliefs about the end times. Chad told Lori he believed they had been married in former lives. They began communicating regularly, and three weeks later, when Chad traveled to Arizona for another conference, he stayed at Lori's house. Blake explained Chad's light and dark ratings.
Lori watched intently through Blake's opening. When Blake began talking about Lori believing she was a translated being, she started rocking side to side in her swivel chair.
To call the defense's opening statement lackluster is an understatement. In his slow, monotone cadence, Jim Archibald took to the podium and thanked the jurors for their service. He told them he was court-appointed and so paid by the taxpayers, then thanked them for paying their taxes. He said sometimes people don't like him for what he does. In fact, eight years ago, someone bombed his office. Next, he told the jury about Lori's life and her family. He said she was one of six children, and her older sister and brother had died. He said she believes in life after death and believes “she will see her deceased family, including her children, again.” He said she is a wife, mother, and grandmother and that people were drawn to her outgoing personality. He told the jury the evidence would show Lori had a “particular interest in religion. In the end of times. You'll recognize the quote unquote end of times as something spoken about in the Holy Bible.” He said her beliefs began to “morph and change once she met Chad Daybell.” He then went over the indictment and the idea of conspiracy. Next, he went over the charge of conspiracy and wondered whether in the murder charge did she aid and abet, advise or encourage it, or command another?” “Did she assist somehow? Or not being present, did she advise and encourage it to happen, or by command compel another? So, the charge is, did she kill, or did she assist, or did she encourage, or did she command? In other words, they are saying they're not sure what happened, but they want you to be sure.” Archibald talked about reasonable doubt and reminded the jury that Lori is innocent until the prosecutor proves her guilt beyond a reasonable doubt.
A good defense opening statement should give the jury a reason to listen carefully and look for reasonable doubt. It's not enough to simply drone on about the law.
After opening statements, the prosecution began calling witnesses. The first witness was JJ's grandmother, Kay Woodcock. The prosecution walked her through the story of JJ's birth and his adoption by Charles and Lori Vallow. Kay talked about her early relationship with Lori, saying “Lori was a doll.” As she talked about her close friendship with Kay, Lori could be seen nodding. Lori and Charles encouraged Kay and Larry's relationship with JJ. At one point, Lori made JJ a photo album of the family, including Mawmaw and PawPaw. Kay said Charles worked hard, but when he was home, JJ was the center of his world. Kay described the deterioration of Charles's and Lori's marriage, and Lori's strange behavior in early 2019. She touched briefly on Charles's death in July 2019. Kay explained that she had access to Charles's computer and discovered that in early October, Lori was shopping for wedding rings and beach wedding dresses. It was the Amazon order of two silver and malachite wedding rings on Charles's account that finally provided Kay with an address in Rexburg for Lori and the children.
The second witness was Brandon Boudreaux. Brandon testified that Lori was like a second mother to his wife, Melani Cope Boudreaux. Melani is the daughter of Lori's deceased older sister, Stacy Cox Cope. The families were close and saw each other frequently. Brandon and Charles Vallow were good friends. For years, Brandon was the one who had to talk Melani into going to church. After Melani began her involvement with Lori and her friends, she began going to the LDS temple very often. She began attending what she called “Firesides.” These were talks about religious subjects held in people's homes. However, these were not church-sanctioned events. Neither Charles nor Brandon were invited to those events. Things began to change in late 2018, and Brandon could see the situation deteriorate between Lori and Charles. “Things went from zero to a hundred really quick,” he said. The Vallow's problems began to spill over into the Boudreaux marriage as Melani began to accuse Brandon of things Lori had seen in visions. She said Brandon hacked into Lori's computer, then told Melani Brandon was gay. The unrest culminated in Brandon being shot at on October 2, 2019. It was Brandon who drove the 12 hours from Gilbert, AZ to Rexburg, ID when he was told the children's bodies had been found. Once he arrived, he went immediately to checked on Kay and Larry Woodcock at their hotel and insisted that he be the one to identify JJ's body, so that Kay and Larry would not have to.
TRIGGER WARNING: GRAPHIC CONTENT. The next witness was lead detective, Ray Hermosillo. Hermosillo walked the jury through his entire investigation of the case, starting in October 2019 with the request he received from the Gilbert, AZ police to locate a Jeep with Texas plates that had been involved in the attempted shooting of Brandon Boudreaux, to the discovery of the children's bodies in June 2020. The day ended with Hermosillo still being questioned on direct examination by the prosecution.
Tuesday April 11, 2023. Det. Hermosillo continued on direct examination, and we move into the scene in Chad's backyard. During Hermosillo's testimony the prosecution offered some graphic photos. The first photos documented the excavation of the grave sites. Hermosillo testified that JJ's body was found wrapped in black plastic and duct tape and a photo was shown. A few photos were offered of the dig site where Tylee's body was found, and a photo of some of her remains was shown. The proceedings broke for lunch.
When court resumed, it was clear something was afoot. Lori's attorneys came in, said that she had just been brought back in, and asked for time to talk to her. She was standing with her arms folded and her head down. They took her out of the courtroom and back into chambers. A few moments later, the defense attorneys came out and asked the prosecutors to join them. After a few more minutes, the bailiff said there would be an additional 30-minute break. The gallery was buzzing. Are we looking at a possible plea, or perhaps another mental health crisis?
The prosecution team came back in, appearing earnest and somewhat stressed, and the victim advocate whispered in the ear of each family member. Kay and Larry both looked upset. When Lori returned to the courtroom, her arms where crossed and she was looking down. Her face was flushed. Her attorney, John Thomas also looked flushed and tense.
As court resumed, the judge says a legal issue has arisen that the judge took it up with counsel and needs to argue outside the presence of the jury. The jury files out, and John Thomas announced that Lori has asked to have her presence waived for the rest of the day because she doesn't want to see the explicit photos. The judge considers the arguments and says, the State and the victims have the right to have her present. Ultimately the judge rules that she has to be present. Lori looks angry, and keeps her arms folded tight against her chest. Later in the afternoon, she appears to fall asleep.
When Hermosillo's testimony continues, it's punctuated by photographs. It's hard to get a sense of how much tape there was on JJ just from his description. JJ's body was wrapped in a black plastic bag. Inside, his arms, feet and head are completely obscured by layer up on layer of silver duct tape. On his small form, he wears the same red pajamas he was seen wearing in the last photo taken of him on the night of September 22, 2019. Hermosillo recounted the process of removing JJ's body from the grave, putting it in a locked body bag, and taking it to the morgue at the local hospital.
Hermosillo was also involved in the excavation of what was left of Tylee. He said they began by sifting the ash in the fire ring, where they recovered shards of bone and teeth. They later discovered masses of charred flesh with bones protruding. The deputies took turns digging with small trowels and paint brushes. They could each only stay on the dig for a few minutes at a time because of the overwhelming smell. Eventually, the recovered a melted green bucket that had been full of Tylee's remains. Underneath, they located her partial skull and jawbone.
Many of the jury were noticeably upset and several wiped their eyes. Some looked angry. One of them stared at her with an expression that can only be described as absolute contempt.
Hermosillo accompanied the bodies to Boise, where they were examined by the Ada County Medical Examiner. Hermosillo described the condition of JJ's body as it was unwrapped from layers of duct tape. As he discussed how he identified JJ, the state offered a close up of JJ's face taken during the autopsy. While the skin was discolored by decomposition, the face was still clearly recognizable. Kay Woodcock was not in the courtroom during this portion of the testimony, but Larry was. He sobbed quietly during this part of Hermosillo's testimony, and doubled over his knees when the image of JJ's face was shown. The medical examiner determined he could not perform the autopsy on Tylee's remains and she was later sent to the FBI crime lab.
Wednesday, April 12, 2023. The court began with an announcement that the prosecution had a problem that would result in an early adjournment today and no court on Monday, April 17, 2023. People in the gallery noted that Prosecutor Lindsey Blake was not present. We were later told that her father had died unexpectedly. Remarkably, Blake was back in court on Thursday and Friday. I can't imagine what it must be like have that happen in the early days of a trial you've been preparing for years for.
Detective Hermosillo's time on the stand continued into the morning with cross examination. The cross-examination was brief and somewhat perfunctory. John Thomas didn't score any points.
The next witness was Lt. Jared Wilmore, of the Madison County Sheriff. He is in charge of the Madison County Jail, and was there to lay the foundation to introduce a jail calls. He talked about the Telemate phone system, and the state introduced several jail calls into evidence. They played the call between Lori and Chad on the morning the bodies were found. The remaining calls, one between Lori and her sister, Summer, and one between Lori and her son, Colby, were introduced into evidence to be played later.
Next, Lt. Joel Powell took the stand from the Fremont County Sheriff's office. He was there to introduce evidence of the exhumation of Tammy Daybell's body. He also did some surveillance of Chad and Lori as they held hands and canoodled days after Tammy's death. The state offered a series of photographs of Tammy's exhumation, ending with a photograph of Tammy's body. The photo shows Tammy from about the waist up, wearing the white temple clothes and the green apron faithful members of the LDS Church are buried in. Tammy's body was exhumed, autopsied and returned to its resting place in a matter of hours on December 11, 2019.
Thursday, April 13, 2023. Melanie Gibb is in the house! Here are some of the highlights:
MG met Chad 1-2 years before she met Lori. She was acquainted with him because of her attendance at Preparing a People (PAP) events.
Tylee seemed upset and frustrated with Lori most of the time.
Sometimes Lori was loving and patient with JJ, but seemed to get more frustrated with him and more distracted as time went on.
Lori and MG saw each other nearly every day in the early part of their friendship.
Lori met Chad in October 2018 when Lori, MG, Zulema Pastenes and four other women drove from Chandler, AZ to St. George Utah for a PAP conference. Chad was very friendly and he and Lori engaged in discussions about their beliefs, including the idea of multiple mortal probations.
Lori was clearly very attracted. She seemed flirty and flattered.
During that meeting Chad told Lori that he believed they had been married in a previous life.
MG says Lori already believed in multiple probations before she met Chad. Lori believed she had been married to the LDS Prophet/angel Moroni in a previous probation.
After the St. George conference, Lori and Chad started talking to each other frequently.
Two weeks later, Chad came to Arizona for another PAP conference. He and several other people stayed at Lori's house while Charles Vallow was out of town. While Chad was there, they went to the LDS temple in Mesa, AZ and sealed themselves to each other. MG explained that what they did wasn't a church sanctioned marriage, but that Lori told her she and Chad went into a temple room and sealed themselves together and that both Jesus and Moroni were present.
By early November, Lori told MG that Lori had been married to Chad five times before. In one probation, Chad was James the Lesser, and Lori was his wife, Elena.
It was clear Lori was in love with Chad, but she only shared it with a few people in their small circle.
Lori first said she and Chad were part of the 144K, but later said she and Chad were the leaders.
Lori never shared her ideas with Charles Vallow or Brandon Boudreaux.
Within weeks of meeting Chad, Lori began talking about the light and dark scale. She said people in the premortal world could sign light contracts with Jesus or dark contracts with Satan.
In January 2019, Chad told Lori Charles Vallow had been taken over by a dark spirit. Chad explained that the dark spirit forced the persons soul out and into limbo. He called the spirit Garrett. This was the first time Lori had heard about spirits possessing people.
Lori told MG she had a dream that Charles would die in a car accident. She was convinced it would happen. When it didn't happen, Lori told MG it was because Satan interfered with the plan. Lori told her God revealed a plan to her and Chad that both Charles and Tammy would die so they could be together.
Lori began doing “castings,” with her friends. These were rituals with prayer designed to cast out the demons. Each time they would do a casting, Lori would call Chad, and he would say, it worked, but a new, stronger spirit stepped in. Garrett was replaced by Ned Schneider and Ned was replaced by Hipplos.
They also did castings for Brandon Boudreaux, who had become a high-level dark, who Chad and Lori claimed had been a part of Hitler's regime in an earlier probation.
Lori said Charles, Brandon, her brother, Adam Cox, her father, Barry Cox, Tylee, Kay Woodcock, and finally, JJ, were all dark.
Lori and Chad met up in hotels while Charles and Tammy were still alive. Lori said they were intimate, but it was okay because they had been married in previous lives and had a mission to perform together.
MG said Lori and Chad seemed happy and relived once Charles and Tammy were dead.
She told MG everyone in Lori's family would die in the tribulation and Lori would go on with her mission.
Lori told MG she had learned that JJ was a zombie one day before MG and David Warwick arrived for a visit. Lori said JJ was acting different. She said his vocabulary was bigger and that he'd said, “I love Satan.” MG said she didn't think JJ was any different than ever.
While they were there, there was an incident where JJ seemed upset and Chad took him upstairs. When they later came down, Chad said JJ had scratched his neck.
MG asked Lori why she and Chad each didn't get divorced, and Lori said it wouldn't be God's will and they would both be penalized and lose their standing with God. Lori said Chad would lose his exaltation.
JJ is believed to have died on September 22, 2019. Lori said the angel Moroni first appeared to her in the temple on September 22.
Lori was frustrated that she moved to Idaho and Tammy hadn't died yet.
Lori told MG Tammy was getting suspicious.
Lori said Tammy Daybell was possessed and that she and Chad did what they had to do to get the dark spririt out.
Alex Cox told MG he 100% believed what Chad and Lori were teaching.
MG asked Alex what happened to JJ, and he told her she didn't want to know.
This is one of the places things got interesting from a legal perspective. We know there was a hearing and an evidentiary order in February 2023, but the order was sealed, so we don't know the content. The motion was to exclude 404(b) character evidence. That's evidence of prior bad acts, if the evidence is used solely to prove the person acted in conformance with their bad character. The issue had to do with introducing the evidence about Charles's murder. Prosecutor Lindsey Blake first brought the information in through Melanie Gibb. It was a very smart move. Melanie testified to what Lori told her about Charles's murder. The testimony is hearsay, but it comes in under an exception for the statement of a party. The defense addressed it on cross, and now, the door was open.
The prosecution played the recorded call between MG and Lori and Chad.
John Thomas cross-examined Melanie Gibb, but his questions were, once again, quite perfunctory.
Det. Nathan Duncan from Chandler, AZ Police Department was called next. With the door open, the information about Charles's murder came flooding in! The jury looked incredulous. The only fact that didn't come in was that Lori has been charged in Arizona for Charles's death. He testified about all of the text messages between Lori, Chad, Alex and others. He presented Chad's patriarchal blessing of Alex.
Friday, April 14, 2023. Det. Duncan continued on the stand as the letter Lori wrote to Chad posing as Charles is introduced, as well as the Charles's text messages threatening to contact Tammy Daybell. The text messages between Lori and Zulema as they try to use their power to cause Charles to have a car accident are introduced.
Zulema Pastenes was the final witness. Here are the highlights of her testimony:
Zulema met Lori at Melanie Gibbs house, where Lori was giving her testimony. ZP says she was impressed that Lori said angels visited her frequently and that she was a personal witness of the Jesus Christ. ZP said that gives someone high spiritual standing. ZP says she believed Lori's testimony.
ZP was on the trip to St. George. She confirmed Melanie Gibb's impressions of Lori and Chad's first meeting. Lori spent most of her time with Chad.
During the ride back to AZ, Lori was driving, and asked the others to look up “James the Less” in scripture.
ZP said Lori always said the number 7-11 was important to her. When Charles died on July 11, Lori said Charles's death must have been orchestrated by God.
As time went on, Chad gave ZP blessings, and he and Lori encouraged her to marry Alex.
Zulema confirmed a lot of what Melanie Gibb said about the castings and a lot of the other details.
ZP lied for Chad and sent him invitations to come and hear her speak as a pretext to get him out of the house with Lori.
Lori told ZP Tylee had been possessed by an evil spirit named Hillary.
Zulema visited Lori after she moved to Rexburg, and before Melanie Gibb and Warwick were there. ZP says she didn't see Tylee and when she asked about her, Lori said “she had to be free.” When ZP asked where Tylee was, Lori put her palm in ZP's face and said “don' ask.”
The night Tammy was shot at, Lori was visiting ZP in Arizona. They did a casting to get the evil spirit out of Tammy. Later, Lori called Chad to see if it had worked. ZP said she heard Lori on the phone “very very scary angry.” Lori said, “the idiot can't do anything right by himself.”
Alex Cox told ZP “I think I'm being their fall guy.” When she pressed him about it, he said, “Zulema, either I'm a man of God or I am not.”
Over and over, ZP said Alex believed Lori and Chad 100%.
Another interesting legal note here. Prosecutor asked if Lori confided to ZP that she and Charles were having money problems. Lori said things were better, she had come into some money because she was the beneficiary on the life insurance policy for Joe Ryan, Tylee's father. That drew a quick objection from the defense as impermissible 404(b) evidence, but not before the jury heard that another husband of Lori's is dead.
This is just and overview – there was so much testimony in five days it's impossible to write about all of it.
There was a rumor that Colby Ryan, Lori's eldest son, was in the courthouse on Friday. Although I heard it from several sources, I can't confirm it. If so, we may hear from him on Tuesday.
