DAY 13 | LIVE UPDATES: Police body camera footage played in Lori Daybell's murder trial as multiple witnesses take the stand - East Idaho News
Daybell Case

DAY 13 | LIVE UPDATES: Police body camera footage played in Lori Daybell’s murder trial as multiple witnesses take the stand

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LIVE UPDATES FROM THE LORI VALLOW DAYBELL TRIAL

4:30 p.m. Sketches from today:

– David Warwick
– Rexburg Det. David Stubbs
– Chandler Police Sgt. Nathan Moffatt
– Sydney Schenk (nanny)
– FBI Intelligence Analyst Benjamin Dean

04 20 2023 02  Witness David Warwick 1

04 20 2023 06  Witness Detective Sargent David Stubbs

04 20 2023 03  Witness Babysitter SydneySchenk

04 20 2023 04  Witness DetectiveSargent Moffat

04 20 2023 05  Witness FBI Ben Dean Council SpencerRammel

04 20 2023 01  Witness David Warwick 1

3:30 p.m. Court is now being adjourned until Monday at 8:30 a.m. I will post the sketches when we receive them and recap all the events tonight at 7:30 p.m. on ‘Courtroom Insider.’ Join me on my Facebook page or the EastIdahoNews.com YouTube channel.

3:25 p.m. Stubbs now walks up the stairs. We see the master bedroom with a bed, bath and closet area. There are no clothes in the closet and a towel is hanging on the door by the shower. In another room there are two little computer desks and a printer with a lease agreement from Self Storage Plus. The name on the agreement is Lori Ryan. There’s a laundry room upstairs, a furnace/water heater closet, a bathroom and two bedrooms. One room has a double bed, a closet with some boxes and clothes. The other bedroom has a bed with bedding on the floor, three guitars in cases and a duffle bag full of toiletries and cologne. There are two Samari swords inside the closet and empty laundry baskets. That is the entire house on video.

3:21 p.m. We are now viewing the video Stubbs took inside the apartments. He announces that he is entering 175 and “recording the whole house.” Police served a no-knock entry warrant to get inside. We see the front room and kitchen. There are keys on the counter, an envelope from Amazon and a package from Amazon was on the front porch. He shows the kitchen, pantry, half-bathroom, door leading out to the garage. Inside the garage there are couches, tables, guns and several totes.

3:20 p.m. Stubbs says police attempted to get a warrant so they could search for evidence of JJ Vallow inside the apartment. Warrants were obtained for three different apartments in the complex. Stubbs took video footage in apartments 174 and 175 to document what was inside.

3:18 p.m. While this is being discussed in the courtroom, Lori is paying attention – moving her eyes back and forth between Smith and Stubbs as questions are asked and answered.

3:15 p.m. After Lori said her brother was trying to come to Rexburg and kill her for the $2 million life insurance policy, Stubbs investigated and said there was no evidence of those claims. Stubbs also discovered Tylee Ryan never enrolled at BYUI and JJ Vallow was reenrolled at a special needs school in Arizona.

3:13 p.m. Stubbs says after assessing the statements Lori made to law enforcement that day, “they were, by in large, inaccurate.” Stubbs lists the inaccuracies – that JJ was in Arizona, her daughter was attending BYUI, the fact Lori said Chad was Alex’s friend, etc.

3:12 p.m. The apartment visit was the last encounter police had with Lori that day. Stubbs says officers were able to get a hold of Melanie Gibb that afternoon/evening and said she did not have JJ, she was not in Arizona and they had not been to the movies.

3:11 p.m. Lori answers and says the reason they can’t get a hold of Melanie Gibb is because she is at ‘Frozen 2’ with JJ. Stubbs tells Lori to tell Gibb that she needs to call Det. Hope to confirm the whereabouts of JJ.

3:09 p.m. The video shows Stubbs back at the apartment with Ball. Stubbs says, “Let’s just see if she will call and have Melanie get a hold of (Det.) Hope because apparently she’s not answering the phone down there.” Ball knocks on the door and loudly says, “Lori.”

3:06 p.m. Stubbs continues his testimony and says they went back to the apartment because Melanie Gibb was not answering her phone. A video will now be played showing the follow-up visit.

3:03 p.m. We are back in the courtroom and jurors are being brought in.

2:40 p.m. Time for an afternoon break. Smith says another video will be shown after the recess.

2:37 p.m. “Not only were we dealing with a situation where one of these individuals was possibly involved in an attempted shooting in Arizona but the individuals were being evasive and lying,” Stubbs says. He was concerned that Lori said Alex was there yet he didn’t come downstairs. “My attention was drawn because at the top of the stairs, I could see movements…I was concerned for our safety if someone was to come down and try and surprise us.”

2:34 p.m. Stubbs thought it was interesting that Lori referred to Chad as her brother’s friend. Stubbs had seen Lori and Chad affectionate in the Hobby Lobby parking lot and they were aware that the two had gotten married. During the visit, Stubbs was concerned about officer safety as Det. Hermosillo and Det. Hope had spoken with Chad and Alex earlier that day.

2:33 p.m. As the video was being played, Lori (in the courtroom) looked at the screen, took notes and whispered to her attorney.

2:32 p.m. Lori says her brother in Kansas is trying to kill her. Ball asks if they need to be concerned about him. Lori says she is moving back to Arizona to live with Melanie Gibb and tells the officers not to tell anyone. The officers leave the apartment.

2:28 p.m. Lori says she’s going to go back to Arizona because school was too hard for JJ. Lori has her armed folded across her chest as she speaks with the officers. She blames everything on Kay and Stubbs tells her that their main concern is the child. “It’s awful. I feel like I’m being tracked all the time.” Ball says detectives were at the house earlier that day and they ran into two guys. Lori says one was his brother. Ball asks who the other guy was. Lori says, “My brother and his friend.” Ball asks what the friend’s name is. “Chad.” Ball asks about the Chad Daybell and says, “Didn’t his wife pass away recently?” Lori says nothing.

2:27 p.m. Lori says Kay has been fighting her for access to JJ. Now Lori is saying her husband switched his life insurance policy to Kay and she got $1 million. “She was going to try to sue me for him (JJ) and I have nothing,” Lori says. “She does nothing that wants to cause me trouble. I don’t tell people the truth about where we are or what we’re doing.” Lori says everyone is causing her trouble.

2:24 p.m. Lori lets the officers in and Lori says JJ is in Arizona with one of her friends – Melanie Gibb in Arizona. Lori says, “What is all this?” Ball says they are concerned and officers who were there earlier “got a bad vibe” because they couldn’t find JJ. Lori says one of her brothers is trying to kill her for her $2 million life insurance policy.” A lot of stuff has gone on and this past year has been horrible for us. We’ve had to move around.” Lori says JJ went to school at Kennedy for two months.

2:23 p.m. The video has audio and shows Stubbs walking up to the door with Det. Ball. It’s a sunny day with clouds in the sky. No snow on the ground. Stubbs says to Ball, “Her car is out there too. It’s in the back. A blue Subaru.” Ball knocks on the door.

2:20 p.m. Smith asks to play the body camera footage for the jurors and those in the courtroom. It’s about five minutes long.

2:18 p.m. Stubbs says he and Lt. Ball went to the apartment. They knocked on the door of Apt. 175 and were able to make contact with Lori Vallow. Stubbs was wearing a body camera. Smith asks to admit the body camera footage.

2:16 p.m. Stubbs says on Nov. 26, police were asked to go back to Lori’s apartment after Kay Woodcock requested a welfare check be done on JJ Vallow.

2:13 p.m. Stubbs says nobody ever inquired about the Jeep – where it had gone, why it was towed, nothing. Stubbs says police even reached out and tried to talk to someone but were unsuccessful.

2:11 p.m. Smith asks if Stubbs was aware of the relationship between Chad and Lori at the time. He says he had been told they were together. The Jeep was found Nov. 4 in the parking lot outside Apt. 175. The vehicle was towed to a secure impound lot. The owner listed on the registration was Joe Ryan and Tylee Ryan.

2:10 p.m. “My observations are they were holding hands and at times talking. I witnessed Lori at times placing her hand on his shoulder as they walked toward the store,” Stubbs says. Chad is wearing a blue T-shirt and Lori is wearing a black sweatshirt.

2:08 p.m. Stubbs took photos of Chad and Lori walking toward the store. Copies of the pictures are shown to the jury and everyone watching the trial.

2:05 p.m. While they were conducting surveillance for the Jeep, Stubbs witnessed Lori and Chad getting into a blue Subaru. Officers followed them hoping it might lead them to the Jeep. Chad and Lori ended up in Idaho Falls where they stopped at Mountain America Credit Union before going into Hobby Lobby.

2:03 p.m. Police were given the names of Lori Vallow, Alex Cox, JJ Vallow and Tylee Ryan. They were associated with the Jeep and officers went to the residence where they set up surveillance in different locations surrounding the apartment. They were unable to locate the Jeep that day but the vehicle was found on Nov. 4.

2:01 p.m. Stubbs’s first involvement with the case started on Nov. 1, 2019. The Fremont County Sheriff’s Office had been given information from authorities in Arizona who were interested in finding a Jeep Wrangler with a Texas license plate they believed was involved in a shooting in Arizona.

2 p.m. Stubbs specializes in collecting evidence from cell phones, computers and other electronic devices. He estimates he’s analyzed hundreds of devices over the years.

1:58 p.m. Smith will now question Stubbs. He has been involved in law enforcement for 30 years and is the second-line supervisor over the Rexburg Police Department detective division.

1:56 p.m. We have a lot of financial exhibits being admitted into evidence. They include Tammy Daybell’s Walmart prescription information, lots of cell phone records and more life insurance records.

1:50 p.m. Smith continues to list the exhibits which include cell phone records, hotel receipts, business documents and life insurance information.

1:44 p.m. Smith is listing the exhibits. They include Amazon records, insurance information, travel records, documents concerning Spring Creek Book Company and Tammy Daybell’s Gmail account and Fitbit records.

1:42 p.m. Stubbs is dressed in a suit, white shirt and red tie. Rachel Smith says she plans to admit business records and other documents during the testimony.

1:36 p.m. You can read more about the raccoon text message here. Next witness is Rexburg Police Detective Sgt. David Stubbs.

1:35 p.m. Archibald has no questions for Dean and he is released from the witness stand.

1:34 p.m. Dean says the date of the text message stood out to him because he was originally assigned to look for tips about JJ and Tylee from Yellowstone on Sept. 8, 2019. Then Chad sent the message the next day and Dean “became concerned” because the text was sent the day after Tylee was last seen alive. Rammell has no further questions for Dean.

1:32 p.m. Dean says the first message from Chad to Tammy stood out to him because normally their text exchanges were very short. “This message appeared to be the first and only time wherein Chad texted Tammy a rather detailed and step-by-step explanation of his day’s events in any sort of a narrative style.”

1:30 p.m. Rammell asks Dean to read the text messages and time stamps. The first message was at 11:53 a.m. from Chad to Tammy talking about shooting a raccoon in the yard. At 11:56 a.m., Chad sent another text saying he was going to shower and then write at BYU. At 2:47 p.m., Tammy wrote to Chad, “Good for you.” At 2:48 p.m., Chad wrote to Tammy, “I’m back home now.”

1:27 p.m. Rammell asks to admit a copy of text messages exchanged between Chad and Tammy on Sept. 9, 2019.

1:24 p.m. Rammell asks Dean whether Tammy Daybell’s phone received any text messages on Sept. 9, 2019. He says there was a message sent from Chad to Tammy.

1:20 p.m. The first BlueRay disc contained information obtained from Tammy Daybell’s cell phone, Dean says. Dean says there were emails to and from Tammy and communication on the device with members of the Daybell family. “The content shows the user of the device had a close relationship with the Daybell family.” There were also photos of Tammy on the device with her husband, kids and grandkids.

1:18 p.m. Dean technically explains how he analyzed the first BlueRay disc to find out what was on it.

1:16 p.m. Dean was asked to review two BlueRay discs containing evidence from Chad’s house. Rammell asks about the second disc. Dean says the disc belonged to Seth Daybell, Chad’s son.

1:14 p.m. Dean’s involvement in the Daybell case was to review tips that came in following a press release issued on March 5, 2020. Tylee and JJ had been seen at Yellowstone National Park and the news release requested anyone who had visited the park with photos or video to send them in. Dean was also asked to review data from electronic devices that had been seized from Chad’s house in January 2020.

1:12 p.m. Dean works in the Salt Lake City Field Office on a Criminal Investigation Squad. His main job is to analyze information and make assessments on specific threats. He reviews information collected by agents in the field looking for trends and patterns in electronic devices.

1:10 p.m. Next witness is FBI Intelligence Analyst Benjamin Dean. He has worked for the FBI for the past 8.5 years.

1:08 p.m. Rammell has no further questions for Mattingly but he remains under subpoena because he will be testifying again later in the trial. The defense has no questions for the detective.

1:06 p.m. Mattingly says on Jan. 15, he took the electronic items seized from Chad’s house to the FBI Intermountain West Computer Forsenic Laboratory. I did a story about the facility here.

Inside the FBI lab that processed Chad Daybell’s devices and other electronic evidence

1:03 p.m. Mattingly has been a detective for six years. Rammell asks Mattingly about Jan. 3, 2020. The detective says a search warrant was executed that morning at Chad Daybell’s house. FBI was on scene and police took evidence from the house. Mattingly says he and Lt. Joe Powell took the items to the sheriff’s office in St. Anthony.

1:02 p.m. Fremont County Sheriff’s Office Det. Bruce Mattingly called to the stand. He is being questioned by Spencer Rammell.

1 p.m. Rachel Smith says the trial is moving much quicker than originally thought and prosecutors propose taking tomorrow off. The defense has no problem with this so there will be no court tomorrow.

1 p.m. Here are two sketches from this morning showing David Warwick on the stand.

04 20 2023 02  Witness David Warwick

04 20 2023 01  Witness David Warwick

12:55 p.m. We are back from lunch. The prosecution and defense are ready to proceed. As the attorneys meet in the corner of the courtroom with Judge Boyce, Lori turns her chair to face them and takes notes. No white noise played in the courtroom today.

11:45 a.m. The next witness is fairly lengthy so we are taking a lunch break that will end between 12:30-1 p.m.

11:42 a.m. “The defense asked you about dreams and visions. I want to ask you about reality,” Smith says. She asks him to repeat what Lori told him the morning Warwick left. He repeats that Lori said JJ was out of control and pushed over her picture of Christ that sat on the upper cabinets. Warwick saw no signs that anything had been damaged if JJ had climbed up there. Lori said she called Alex to come and get him because she couldn’t handle JJ. Nothing further from the state.

11:40 a.m. After Warwick left Lori’s apartment, he went to visit his son in Pocatello but did not see JJ. Archibald asks Warwick if he called the police. Warwick says no because Lori was such a wonderful woman. Warwick says what they were teaching did not match their character. He saw no reason to suspect anything. Archibald has no further questions. Rachel Smith has some re-direct questions.

11:38 a.m. Warwick says he was invited to speak at preparedness camps. Archibald asks what he spoke about. Smith objects based on relevance. Boyce grants the objection. Archibald then asks what Warwick’s purpose was. “The whole purpose was to build faith and help identity stumbling blocks to faith, the fruits of faith and how involved our Father in Heaven is with each one of us.”

11:37 a.m. Warwick says the night he recorded a podcast with Gibb and Lori, the subject was sanctification — “as you repent and serve God, as you prove faithful to him, the Lord changes your heart. Makes you clean and makes you whole.” Lori looked over at her attorney, John Thomas, and smiled as Warwick said this.

11:36 a.m. Warwick says on his podcast, the discussion was about fasting, repentance, service, conversation stories and serving LDS missions. The purpose was to build faith.

11:35 a.m. Archibald asks about the Church of the Firstborn. Warwick says he has heard about it in the scriptures but he doesn’t recall what books.

11:34 a.m. Archibald asks Warwick if he wants to be part of the 144,000. Warwick says it would be an honor but it’s nothing he is seeking. Warwick says Chad did not have the authority to gather. Archibald asks who has the authority to gather. Warwick says the prophet of the LDS Church – Russell M. Nelson.

11:32 a.m. Gibb and Warwick were sleeping in JJ’s room during the time of the nightmare. Chad Daybell never came. Archibald now asking about a scratch Chad got on his neck from JJ. Warwick didn’t see the scuffle between JJ and Chad but Chad told him about it. Warwick says he wasn’t certain what to believe when Chad told Warwick that Tammy would soon die.

11:30 a.m. Archibald asks Warwick about the blessing he wanted from Chad while at Lori’s house after the nightmare. Warwick says Gibb wanted Chad to come over and give him a blessing – he didn’t necessarily want it. Archibald asks what a blessing from Chad Daybell would have done for Warwick. “I would have hoped for peace but it wasn’t my idea. Melanie was just trying to get help.”

11:27 a.m. Archibald asks Warwick to explain the difference between a nightmare and a vision. Warwick says a vision is when you’re being shown things in the future but you’re not seeing yourself – someone else is presenting it. Warwick says his visions come from angels under God. Archibald asks about the nightmare Warwick had at Lori’s house. Warwick says there was a lot of fair, darkness and no order to it. Warwick says he doesn’t know where the nightmare came from but it was adversarial. Archibald asks if that means the devil. Warwcick says “somewhere in that direction.” Archibald asks if it was an angel of the devil. “Could have been,” Warwick says.

11:26 a.m. Archibald lists off the visions Warwick says he has had, including China and Russia invading the United States. Another vision – the United States being sacrificed for a one-world government. Smith objects. Boyce says “we are getting away from the evidence” and asks Archibald to be more narrow.

11:24 a.m. Archibald begins to ask about Warwick’s dreams and vision. Smith objects and says it’s not relevant. Archibald says it goes to Warwick’s credibility. Boyce overrules the objection and Archibald asks Warwick about his talks concerning “visions and secret combinations in Washington DC, England and Saudi Arabia.” Warwick confirms he has.

11:23 a.m. Archibald asks if there is a group called Preparing a People. Warwick says no – it’s an organization that hosts conferences. Warwick has spoken at PAP conferences and shared about his “dreams and visions.” Archibald asks if Warwick calls himself a “visionary man.” “Others have called me that. I don’t call myself anything.”

11:21 a.m. Archibald asks Warwick who was the designated audience for the podcasts. Warwick says it was meant for Latter-day Saints and was for education but not money. He says the purpose of the podcast was to build faith.

11:19 a.m. Archibald asks Warwick about the Book of Mormon conference he was attending in Rexburg. Warwick says it was not sponsored by the LDS Church, but a person associated with Preparing a People. PAP is a private group not sponsored by the LDS Church, Warwick says.

11:18 a.m. Warwick says he and Gibb were interested in each other because they both liked religious topics. That’s also how he met Lori Vallow, Chad Daybell and Alex Cox – through religion. Warwick describes Alex as a “fun-loving, humorous guy” who could be genuine but also lighthearted.

11:16 a.m. Archibald asks Warwick and Gibb where they live. He says he lives in Pleasant Grove, Utah and Gibb lives in Chandler, Arizona. Archibald asks if they started seeing each other before their divorces were finalized. Smith objects based on relevance. Boyce overrules the objection. Warwick says his divorce was being finalized but Gibb’s was complete.

11:15 a.m. Lori said she sent JJ with Alex on Monday, Sept. 23, 2019. Smith has no further questions. Jim Archibald will be conducting cross-examination.

11:13 a.m. Melanie went to get Lori but she didn’t respond. The next morning, Gibb and Warwick went downstairs to say goodbye. Lori told Warwick that JJ had “an episode” and climbed on the cabinets, on top of the fridge and then knocked over her picture of Jesus Christ. Lori said she called Alex to take care of him. Warwick says he didn’t see any signs that the cabinets were damaged and no marks on the stainless steel fridge. Warwick asked to see JJ so he could give him a blessing if there was a problem but Lori said she had Alex come and get him.

11:11 a.m. Warwick doesn’t recall if Alex left but he thinks the door opened and closed. JJ was staying in Lori’s room and Warwick was staying in JJ’s room. In the early morning hours, Warwick says he had “one of the worst nightmares of my life. It was very real.” Gibb heard Warwick screaming in his sleep and tried to wake him up. Gibb said she was going to get Lori to try and get Chad over to the house so he could have a blessing. This was in the “early hours of the morning” after midnight.

11:09 a.m. Lori, Gibb and Warwick recorded the podcast in Lori’s kitchen Sunday evening. Lori told the group Alex was babysitting JJ at his place, Warwick says. Around 10:30 p.m., Warwick heard the front door open and saw Alex carrying JJ who was asleep with his head on his shoulder. Alex took JJ upstairs and put him in bed. Warwick recalls JJ wearing shorts and a T-shirt.

11:08 a.m. Chad told Warwick he was “one of them” and Warwick said if that was the case, it would come through the prophet of the church. Chad said it was a separate calling through the Church of the Firstborn and Chad had authority through John the Beloved.

11:06 a.m. Warwick saw Chad again that weekend. He says Chad and Lori were very loving with one another and very affectionate. Warwick knew Chad was still married to Tammy. “I asked Chad about how his marriage was with Tammy and if she was a good wife. He said he had no complaints and she was a good wife but her time was coming up and he and Lori were going to do the things they needed to do for God.” Chad told Warwick he had a dream three years prior that Tammy was going to die by the time Chad was 50.

11:04 a.m. Later in the weekend, Chad wanted Warwick to see 80 acres for sale near Chad’s home. Warwick knew an investor who wanted to develop property in Idaho so Alex Cox took Warwick to the field. Chad and a realtor showed up and asked if Warwick had any questions. Warwick said he didn’t do business on Sunday so nothing really came of it.

11:02 a.m. Warwick says he didn’t believe Chad and told him he didn’t believe it. Chad then had Warwick and Gibb meet him and Lori at a property next to a church. They started describing a heavenly building next to the church – not a physical building but a spiritual building. Warwick could not see the building but was trying to be respectful and follow along with what Chad and Lori were saying.

11 a.m. Warwick saw Chad Daybell a few times that weekend. Chad taught Warwick about the gathering of the 144,000, Satan having the power to push people out of their bodies and spirits being stuck. During this conversation, Gibb and Lori were present. Warwick says Chad “led the way” on the teachings and Lori didn’t say much about them. Warwick told Chad if the Lord was gathering 144,000, he belives it would happen through the prophet of the LDS Church.

10:58 a.m. Warwick says Lori told him Tylee was attending college in Rexburg and wanted to be independent. Warwick recalls JJ had a cardboard box and was cutting holes in it to make it like a home. Warwick tried to play with him but JJ did respond or acknowledge Warwick. Warwick saw JJ engage with Alex once and when JJ went outside to play, he seemed very happy.

10:56 a.m. Warwick had planned to stay at a hotel in Idaho Falls but Gibb called and said Lori had an extra room in her apartment. Warwick arrived at the apartment and Alex, Gibb, Lori and JJ were there. Warwick had never met JJ, who was sitting on the couch playing with toys. Warwick has an autistic son with Down Syndrome so he tried to play with JJ but “it was like I wasn’t even there. He never acknowledged me.” Warwick never saw Tylee Ryan that weekend.

10:55 a.m. Warwick traveled to Rexburg the weekend of Sept. 20-23, 2019 to see his son in Pocatello, for a Book of Mormon conference and to record a podcast with Lori and Gibb at Lori’s apartment.

10:54 a.m. “Lori was an amazing hostess. She was fixing food. We were having a social.” Warwick then met Lori later at her apartment in Rexburg, Idaho. He was dating Gibb during this visit to Rexburg.

10:51 a.m. When Warwick met Lori the first week of August 2019, she was recently widowed from Charles Vallow. Warwick met Lori at her house. Chad, Alex, Melani Boudreaux, Zulema Pastenes, another lady and Melanie Gibb were all there. Warwick had never met Chad in-person but they had spoken on the phone. A few years earlier, Chad reached out to Warwick and wanted to write a book with him. The book never happened because Warwick didn’t feel it was right and Chad wasn’t the one to write a book with.

10:49 a.m. Jury is back in the courtroom. Rachel Smith is questioning Warwick. Warwick introduces himself to the jurors – many are taking notes. Warwick says he met Lori Vallow through Melanie Gibb in Arizona.

10:44 a.m. Attorneys and Boyce are back in the courtroom. Warwick will testify and jurors are being brought in. Warwick is wearing a white shirt, tie and dark brown/black leather jacket.

10:41 a.m. Boyce asks the defense if they have any questions. John Thomas asks for a sidebar conference and all attorneys leave the courtroom with the judge.

10:38 a.m. Boyce says he needs to look at Warwick’s level of conduct and whether it will interfere with the trial. He says he doesn’t think holding Warwick in contempt of court is an appropriate response. Boyce says he does not believe the conduct rises to the level of excusing the witness. Boyce says the conduct was willful and will allow the defense to “liberally” comment” on Warwick’s credibility in front of the jury so it is on the record. Warwick will testify.

10:36 a.m. Archibald: “There’s a reason we have rules and we don’t just say, ‘Golly gee, my bad.’ He’s accessing information on the internet. His motivation is irrelevant. He purposely accessed it and not only that, accessed other articles about people in this case. There is a rule and there’s a reason we have a rule and it’s to protect the integrity of the court.”

10:34 a.m. Smith notes that Warwick immediately told prosecutors he listened to Gibb’s testimony and says has cooperated with police all along. He has also testified in prior hearings.

10:32 a.m. This questioning is being done without the presence of the jury. Boyce will determine if Warwick should be allowed to testify today even though he listened to his wife’s testimony. Warwick says it has not affected his ability to give a fair testimony. Archibald says Warwick has violated court rules and should be excluded from testifying. Smith says the court should consider whether any harm has been done to his testimony and argues there was no willful misconduct.

10:29 a.m. Warwick says he accessed those articles on the same day. He listened to 45 minutes of Gibb’s testimony, remembered the court order and shut it down. Archibald has no further questions. Smith has some follow-up questions. She directly asks, “Once you got your subpoena, what have you listened to or watched about the trial?” Warwick says Gibb’s testimony and an article about Zulema and Alex – but it was not about her testimony or the trial.

10:27 a.m. Warwick says since he received his subpoena, he has read two stories about Gibb and one about Zulema and Alex’s marriage.

10:25 a.m. Warwick says he listened to his wife’s testimony on either the East Idaho News or Hidden Crime YouTube channel. He doesn’t recall which channel and watched it on his phone. Archibald asks Warwick what the heading was. Warwick says it was, “Melanie Gibb testifies in court” or something like that. Warwick says he did not read the comments about the article.

10:23 a.m. Warwick says Gibb’s testimony will not affect his testimony and he has not spoken with his wife since last week. Archibald is now questioning Warwick. Archibald asks Warwick what he learned from Gibb’s testimony while he listened for 45 minutes. Warwick says nothing. He was sick and was listening for her tone of voice rather than what she actually said. When asked about Gibb’s tone of voice, Warwick says she seemed “somber.”

10:20 a.m. Warwick testified during Chad Daybell’s preliminary hearing and just said he testified during the grand jury proceedings. Warwick says he became sick two weeks ago and was not able to come with Gibb the day she testified in court. While at home recovering, Warwick listened to 45 minutes of Gibb’s testimony and then realized he was not supposed to do that. He says he immediately shut it off. Gibb lives in Arizona and Warwick lives in Utah. They have a “distant” relationship and he says he has not talked with her about the trial as she needs some space.

10:19 a.m. Warwick and Melanie Gibb have been married a little over two years. They got married on Dec. 12, 2021.

10:16 a.m. Warwick is being walked in. Boyce says an issue has been raised concerning the exclusionary rule regarding Warwick. Witnesses are not supposed to watch or read any other witness testimony. Prosecutor Rachel Smith will ask Warwick about this.

10:15 a.m. We are back in the courtroom. David Warwick, Melanie Gibb’s husband, was just escorted into the courthouse by a Rexburg police officer. I assume he will be next on the stand. Warwick was one of the last people to see JJ alive as he was staying at Gibb’s house when police believe JJ died.

9:45 a.m. The next witness is not here yet so we are taking a morning recess. Back in 15-20 minutes.

9:42 a.m. The system allows employees to look up current and past students as well as those who have applied to the university. Police asked Hill to check for Tylee Ryan, Tylee Cox, Tylee Vallow with DOB Sept. 24, 2002. Hill checked the system on Feb. 28, 2020. Tylee never applied or was a student at BYUI. Rammell has no further questions. Archibald has no questions and Hill is released from the stand.

9:40 a.m. Rammell is questioning Hill. He has worked at BYU-Idaho for 17 years and says they use a student management system that keeps track of their students. Information on the system contains “everything” – application information, directory information, educational records.

9:40 a.m. Lori has been attentively listening to the testimony this morning. I have not observed her taking as many notes as previous days. Jurors are engaged although I have seen a few rubbing their eyes and yawning.

9:39 a.m. Archibald has no further questions. Wilson is released from the witness stand and escorted out of the courtroom. Next witness is Wynn Hill – the Dean of Students at BYU-Idaho.

9:36 a.m. Wilson never heard from Lori again. Rammell has no further questions for the principal. Archibald now cross-examining Wilson. Wilson says he was present when JJ was enrolled and remembers meeting him. Wilson says there was never any discussion about only enrolling JJ for three weeks and it was his understanding that JJ would be enrolled for the long term.

9:34 a.m. The school received an email on Sept. 24 from Lori indicating that JJ was being removed from Kennedy and she sending him to Louisiana to be with his grandparents. Wilson called Lori and told her that once JJ was enrolled in Louisana, have that school contact Kennedy and his records could be sent. Lori then said they weren’t moving him to Louisana but would be homeschooling him. A cousin with similar needs would be working with JJ. Wilson said the school would house JJ’s records until he was re-enrolled in public school.

9:33 a.m. Wilson says JJ Vallow was a student at Kennedy Elementary and Lori Vallow was listed as his parent. JJ was enrolled Sept. 3, 2019 through Sept. 24, 2019. The last day JJ was physically present at the school was Friday, Sept. 20, 2019.

9:32 a.m. Wilson is the principal at Kennedy Elementary in Rexburg. He has been the principal for four years and was working in that capacity in Sept. 2019.

9:30 a.m. Josh Wilson is called to the stand. Madison County Deputy Prosecuting Attorney Spencer Rammell will question Wilson.

9:30 a.m. After a few clarifying questions, Archibald has nothing further. Schenk is released from the witness stand.

9:27 a.m. Archibald now questioning Schenk. She says there was no set schedule for babysitting but the arrangement was she would be called as the need arose. Schenk was expecting to babysit JJ for the next several months.

9:26 a.m. A few days later, Schenk texted Lori about babysitting. Lori said JJ had gone to his grandparents and would be gone for a month. After a month passed, Schenk reached out to Lori but Lori never responded to the texts. Schenk never saw JJ Vallow after Sept. 19. Wood has no further questions for Schenk.

9:24 a.m. Schenk describes her time watching JJ and says he got into a dispute with a friend over toys. Schenk called him home and JJ was very upset. He went into his room and was angry. When Lori got home, Schenk explained what happened with the friend and Lori helped calm JJ down. Alex was there and Lori’s friend was also there. Lori paid Schenk in cash.

9:22 a.m. Schenk went back to Lori’s house the next day after classes and watched JJ for a few hours while Lori went to the airport to pick up a friend. Lori told Schenk she could take him to a trampoline park and if Lori arrived home later, Schenk could give JJ the medication that helps him fall asleep faster.

9:21 a.m. Lori explained some of JJ’s behavioral issues to Schenk and then mentioned that Charles had recently died of a heart attack. Lori said JJ was having a hard time understanding what happened to his dad. Schenk never saw a teenage girl but Lori said she had a daughter who was attending college in Rexburg. Lori said sometimes her daughter would come to visit for dinner or to do laundry but her daughter didn’t like to babysit without being paid so that’s why Lori was hiring Schenk.

9:19 a.m. Lori replied to Schenk’s listing saying she needed help with her son JJ. Schenk and Lori exchanged numbers and often texted. Schenk and Lori set up a time to do an interview. Lori said JJ had some special needs and required extra help. They met on Wednesday, Sept. 18, 2019 at Lori’s townhome. Schenk said the interview went well. She arrived, Lori greeted her warmly, gave her a hug and introduced her to JJ.

9:18 a.m. Schenk was attending BYU-Idaho in Rexburg in 2019. She was looking for work as a nanny/babysitter so she placed a job listing on a website.

9:15 a.m. Next witness called by the state is Sydney Schenk. Madison County Prosecuting Attorney Rob Wood is questioning her.

9:15 a.m. Lindsey Blake has no further questions for Moffatt. Jim Archibald says he objects the Moffatt’s entire testimony and has no questions for him. Moffatt is released from the witness stand.

9:12 a.m. Blake asks Moffatt if finances are often a motive for homicide. He says yes. Moffatt says they learned Charles had a $1 million policy and there had been a recent change in the beneficiary. It had recently been changed from Lori to Kay Woodcock. When Moffatt contacted the insurance company on July 17, he learned Lori had tried to file a claim. It was denied and Lori never received a payout.

9:11 a.m. Moffatt received a promotion in July 2020 and was no longer the case agent. Det. Nathan Duncan took over. (Yes, they are both named Nathan. We have two Nates in our newsroom and yes, it gets confusing at times).

9:10 a.m. Following the police interviews, Moffatt says he and Det. Ynclan drove back to the house with Alex, Tylee and Lori. He says the ride was “bizarre – to say the least.” The conversation was lighthearted, conversational and “very different.”

9:07 a.m. Moffatt went back to the house after the interview and the scene was being processed for evidence. One bullet strike landed in the baseboard and another was under Charles’ body. Moffatt says the bullet was consistent with Charles being flat on the floor when he was shot.

9:04 a.m. Alex told Moffatt multiple times that he was not at the house to protect Lori. But Lori was in another room being questioned and told her interviewing detective that she had called Alex over the night before to protect her from Charles.

9:03 a.m. Alex said after the shooting, he went into the kitchen and washed his hands. He then went into his room and called 911. Alex told Moffatt he had done CPR on Charles. Alex said he did not know where Tylee and JJ were at the time of the shooting.

9:02 a.m. Alex said after he was hit in the head, he went into his room to get his gun. Alex said he told Charles to drop the bat. Charles said, “What are you going to do about it?” and then came toward Alex when Alex pulled the trigger “more than once.” Alex said he thought he shot Charles in the torso area. Moffatt says Charles was shot twice – once in the chest, once in the lower abdomen.

9 a.m. Alex said Tylee came out of her room with a bat during the argument to protect her mother. Charles took the bat, there was an argument over the bat and Alex said Charles hit him with the bat in the back of the head. Moffatt observed a small laceration on the back of Alex’s head “but it wasn’t consistent with being hit extremely hard in the back of the head with a baseball bat by an athletic man.”

8:58 a.m. Moffatt did not see Lori at the scene but he saw Charles dead on the living room floor. Moffatt interviewed Alex at the police station. Alex said he had spent the night at Lori’s house because they planned on doing something the next day. Alex said Charles and Lori were in an argument when Lori came into his room and Alex intervened between Lori and Charles. Alex did not indicate what the disagreement was about and he told Moffatt he never saw the fight get physical.

8:57 a.m. Moffatt responded to the shooting on the day Charles Vallow was killed. He says Alex Cox called 911. When Moffatt arrived, patrol officers were on scene. Moffatt was assigned to be the case agent. He was briefed by patrol, walked through the scene and went back to the station.

8:55 a.m. Archibald objects to the witness because he says anything that happened in Arizona is not relevant to the trial in Idaho. Boyce says the court made a ruling about this in February and the objection is overruled.

8:54 a.m. Moffatt is dressed in a suit with a purple shirt and tie. He has worked for the Chandler Police Dept. for 21 years.

8:53 a.m. Prosecution calls Chandler Police Sgt. Nathan Moffatt to the stand. Fremont County Prosecuting Attorney Lindsey Blake will question him.

8:50 a.m. Boyce says some scheduling issues and other matters have come up that will be discussed later today. Prosecution and defense say they are both ready to proceed today with the next witness.

8:49 a.m. Attorneys have just walked back into the courtroom. Judge Boyce is on the bench and jurors are about to be brought in.

8:32 a.m. All the attorneys have left the courtroom (I assume they are meeting with the judge) and Lori remains at her table looking down while scribbling notes.

8:27 a.m. The bailiff is reminding everyone in the courtroom that a courtroom conduct order remains in effect. Phones must be silenced and there is absolutely no audio or video recording of the proceedings. Bailiff asks spectators to save whispering for the breaks and minimize candy wrapper crinkling. “If you have a Lifesaver fetish, please open your candy now.”

8 a.m. Today is day 13 of Lori Vallow Daybell’s murder trial. I am back inside the Ada County Courthouse waiting to go upstairs to the courtroom. So far, 16 witnesses have been called by the prosecution to testify. Court was dismissed yesterday at the conclusion of April Raymond’s testimony we begin today with a new witness on the stand. Here is a recap of what happened yesterday.

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