The Second Day of Chad Daybell's Preliminary Hearing
Judge Finds Probable Cause and Binds Chad Daybell Over to District Court
August 4, 2020
Judge Eddins found that there was probable cause to bind Chad Daybell over to the District Court for a trial on all four charges against him.
Here are some of the highlights from today’s hearing.
Melanie Gibb seemed unflappable in the face of John Prior’s sometimes bitter cross-examination. Melanie was smart, or well advised, in how she handled her earlier lie. Melanie initially told law enforcement that JJ had been with her, but that she had returned the boy to Lori. Melanie later admitted that the statement wasn’t true. JJ had never been in her custody. She admitted her first inclination was to protect her friend, but she was confused, and her gut told her the lie was wrong. While it may reflect Melanie’s naivete, her taped conversation shows, she did reach the point where she drew the line and did the right thing. Many people have been critical of Melanie Gibb on social media. They seem to feel she could have done more to protect the children. The finder of fact (the judge or jury) will assess her credibility, and it’s important to look at the facts and the timeline when we judge her actions. Melanie knew that Lori said Charles was a zombie and that Charles was later was shot by Alex Cox in July 2019. But Melanie was told that Alex acted in self-defense and knew that no charges were brought against Alex for Charles’s death before Alex died in December 2019. Melanie was also present with Lori, earlier in the year when Charles attempted to have Lori committed. Mental health professionals said there was no basis to commit Lori.
True, Melanie heard Lori call each of the children zombies, but there was no testimony that being called a zombie meant the children had to be killed. The last day Tylee was seen was September 8, 2019. Melanie admitted that she didn’t have a relationship with Tylee. While she was skeptical of Lori’s claim that Tylee was going to college, she let it slide. JJ was last seen on September 23, 2019. Melanie and David Warwick were probably the last people, other than Lori, Chad, or Alex, to see JJ. When Deputy Hermosillo contacted Lori, and later Melanie to check on JJ’s welfare, JJ had already been dead for more than two months. Therefore, Melanie’s delay, from November 27, 2019, to December 7 or 8, 2019, had no impact either way.
David Warwick didn’t add a great deal to the story but did confirm that he had been in Lori’s home, seen Chad at Lori’s home while Chad was still married to Tammy, and had seen Alex carry JJ in and put him to bed.
The remaining witnesses, except for Special Agent Steve Daniels, were there to authenticate the cell phone information and to testify about the chain of custody of physical evidence.
Special Agent Daniels was important to the state’s case. He was the head of the FBI’s Evidence Recovery Team and was responsible for the recovery of the children’s remains. His testimony was a bookend of the earlier testimony from Det. Hermosillo. Ideally, the prosecutor wants to begin and end with compelling testimony. It’s not always possible because witnesses are not always available in the exact order you want them. Still, Rob Wood was able to present the bodies and their condition on each day, keeping the details fresher in the judge’s mind. The evidence presented was, by no means, all the evidence the state has.
A procedural note about refreshing recollection vs. admitting evidence. You saw agent Benjamin Dean, the FBI intelligence analyst, refer several times to a report. Dean was dealing with voluminous records of electronic transmissions from telephones. He referred to his report several times to “refresh his recollection.” What he did is allowed under the rules of evidence. Dean’s report was not offered as evidence; he only used it to refresh his memory about specific dates or numbers. Since it wasn’t introduced into evidence, the judge will not see the report and will have to rely on his own memory and understanding of what he heard.
Chad’s attorney didn’t present any evidence, and that is typical.
The judge took the time to review his notes and study the law before giving his decision. Remember, the judge only has to find that it is more likely than not that a felony offense occurred and that it’s more probable than not that the defendant committed the crime. In other words, it’s a low bar.
What the heck is the District Court division, and how does it differ from the Magistrate Division of the court? Most states used to differentiate between a lower level trial court and one that handled more serious matters. Many states have consolidated and declared all judges to be at the same level. Idaho still has Magistrates and District court judges. Magistrates handle small claims, juvenile corrections proceedings, civil matters with damages of less than $10,000, traffic, probate, child protective proceedings, misdemeanors, arrest warrants, searches and seizures, domestic relations, and preliminary hearings on felony matters. It makes you wonder what the District Court judges do. Well, they hear felony criminal matters, civil matters of personal injury, contract disputes and property disputes with damages of more than $10,000, and appeals from magistrates, and appeals from administrative hearings.
Next week, Lori Vallow Daybell will go through a similar preliminary hearing on the same charges.
