Tammy's Autopsy and other news

Emma Daybell's comments to Court TV, and what all the new developments mean

February 13, 2021
 
It’s time for a quick round-up of recent news in the Lori Vallow/Chad Daybell case. There have been several developments.
 
First, Tammy Daybell’s autopsy was returned, ending months of speculation. When the autopsy results were returned for Lori’s third husband, Joseph Ryan, and her brother, Alex Cox, both ruled their deaths were from natural causes, and both were quickly released. Both of those deaths were in Arizona, but I still believe Arizona officials are deferring to Rob Wood, the special prosecutor in Idaho, and that we can read something into Tammy Daybell’s autopsy report being treated differently. 
 
There were two documents released dealing with Tammy’s autopsy. The first was a statement from Fremont County Sheriff Len Humphries on February 4, 2021, which read, “Yesterday the Fremont County Sheriff’s Office received the autopsy report on Tammy Daybell’s body from the Utah Medical Examiner. The contents of this report will not be made public at this time as it is evidence in an open and ongoing investigation. We will release additional information as it becomes available.” 
 
The second was a longer letter dated February 1, 2021, from Idaho Deputy Attorney General Colleen D. Zahn to Fremont County Prosecutor Lindsey Blake. As you may recall, former Fremont County Prosecutor Marcia Murdoch asked the Idaho AG to take over Tammy’s case in April 2020. There were several reasons. Murdoch was not running for reelection, opening the position to the uncertainty of a contested election and threatening continuity in the investigation of Tammy’s death. But other issues complicated the investigation. The most significant was that Tammy was buried and later exhumed in Utah, and the Utah Medical Examiner was responsible for the autopsy. Working between states is much easier when done by state agencies rather than at the county level. Additionally, counties have far smaller budgets to pay for investigations. For all these reasons, the inquiry into Tammy’s death was transferred to the Idaho Attorney General’s Office.
 
The February 1, 2021 letter said at the request of the present Fremont County prosecutor, Lindsey Blake, the AG was returning the case to Fremont County. Here is what we can surmise from this. Sometime before February 1, 2021, prosecutors knew Tammy’s autopsy was back. They also knew there was information in the report that was significant. Madison County Deputy Prosecutor Rob Wood has been appointed a special prosecutor for any cases surrounding Vallow and Daybell. That means that he can file charges out of any county in Idaho but cannot file charges on cases within the Attorney General’s authority. Once the autopsy report was back, the only person who could ask for the case back was Fremont County Prosecutor Lindsey Blake. She did so to make it possible for Rob Wood to file charges surrounding Tammy’s death. 
 
Here is where I dive into some moderately-educated speculation. 

• I think that Rob Wood is waiting for the autopsy reports on the children before he drops all the murder and conspiracy to commit murder charges. I suspect that JJ’s report is complete, except perhaps for toxicology. Wood told Summer that Tylee’s remains were at the FBI crime lab, and her autopsy could take some time to complete. I think that how Tylee died and how her body was disposed of are so heinous that Wood is waiting until he has the full story her remains can tell to formulate the charges.

• Looking at the timing, I think it’s possible Zulema Pastenes told authorities what substance to look for in Tammy’s autopsy. It may also change what they are looking for in the children’s autopsies.

• Prosecutors want to close cases with confessions because that removes the possibility of years of appeals. The more evidence that stacks up, the better. I’m certain Rob Wood knew what was in Tammy’s autopsy before the report was released because he asked the Fremont County Prosecutor to get the case back from the AG before the sheriff announced the report was back. And I’m sure Wood shared that information with the defense attorneys. Remember all the early demands to see the autopsy report? Means isn’t asking anymore, which seems to signal he’s seen it. I’m sure Wood’s disclosure of the autopsy results is what led Mark Means to take to Twitter. His series of Tweets seem a bit panicky. My advice to Mark: stay off Twitter. It’s not a good look for you.

• John Prior is a realist, and Mark Means is an idealist. I think Prior is more likely to convince Chad to cut his losses and talk.

 
 
Tammy’s autopsy isn’t the only news in the case. Lori’s attorney, Mark Means, filed a motion on January 31, 2021, asking Judge Boyce to reconsider his decision on Means’ motion to disqualify Rob Wood. The judge issued a ruling on February 10, 2021, denying the motion. The judge also took a little swipe at Mark Means’ lack of criminal law experience, pointing out that while the Idaho Rules of Civil Procedure allow such motions, the Idaho Rules of Criminal Procedure do not. That is because the proper recourse in a criminal trial is an appeal, not a motion to reconsider. 
 
Lastly, Court TV posted a telephone interview they did with Emma Daybell Murray. It’s the first time any of Chad and Tammy Daybell’s children have done anything other than sticking their tongue out at reporters. According to Emma, she and her siblings have not seen a copy of her mother’s autopsy report. When Emma was in touch with the Fremont County Sheriff to ask for the report, Sheriff Len Humphries told Emma that she needed to work with the detectives. Emma reports that detectives told her that in order to see the report, she and her siblings would need to meet with detectives and answer questions. Emma declined to discuss the case further. Why would detectives demand to speak with the siblings? It’s no secret that the Daybell children have been stonewalling police since the case began. Some of those children lived in the home where Tammy died, and the children’s bodies were found. It’s no surprise, then, that law enforcement wants to question them about events surrounding their parents. Withholding the results of the autopsy is within their authority since there is an ongoing investigation and there are no current charges arising from it that would require its release in discovery.