LIVE UPDATES | Judge rules not to dismiss JJ Vallows's murder charge after what appears to be clerical error - East Idaho News

LIVE UPDATES | Judge rules not to dismiss JJ Vallows’s murder charge after what appears to be clerical error

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Please excuse the typos. These are live updates from the courtroom. A lot of text messages are being displayed today. We are preserving the typos and misspellings in those.

3:45 p.m. Boyce says he raised the issue – not the defense. Boyce says he needs additional time as to how to exactly fix the date problem, but he denies Prior’s request to dismiss the charge. We will be in recess until Monday morning.

3:43 p.m. Boyce finds there has been sufficient evidence in the elements alleged in count 4. He denies the motion for acquittal. As for the dates, because count 4 was changed without permission, he finds it was an inadvertent mistake. “While these jurors have already heard the information contained in the amended indictment, the court believes the jurors can be fairly and properly instructed.”

3:41 p.m. Boyce says the defendant was on notice for several years that the allegation of JJ’s murder occurred between Sept. 22-23. Boyce says the evidence all pointed to the dates of Sept. 22-23, and the same allegation was made in Lori Vallow’s case last year. The defense was aware at that time. “There’s certainly no surprise when it comes to the defense knowing the dates that have been alleged are the 22nd and 23rd,” Boyce says.

3:40 p.m. State argued it’s a clerical error. Boyce says looking at the history, the court did not authorize any amendment to count 4. Count 4 should not have been amended. The dates put into count 4 mirror the dates of count 2, which is alleged murder of Tylee Ryan. “Looking at that history, the court does believe it was a clerical error that led to the change of those dates,” Boyce says.

3:39 p.m. Boyce says he has considered the arguments of state and defense. He notes the initial indictment had the right date for 2.5 years. In November, the state asked to amend the indictment – verbiage in counts 1, 3 and 5. Boyce issued an order on Dec. 8 granting permission to amend the indictment. Count 4 was not one of the changes that was approved. The amended indictment was filed and had an alteration.

3:38 p.m. Boyce says he is ready to rule.

3:37 p.m. Back in the courtroom. Attorneys are at their tables, and Judge Boyce is on the bench.

3:02 p.m. Boyce asks Batey to clarify about how the issue happened. It was when the amendments were approved on the other counts and the date on count four somehow got changed. She says it was a clerical error. Prior says the jurors were read this indictment, it was published and the mistake hasn’t been caught until now – they should not be allowed to change it. Boyce says he needs to take a recess before he rules. Will be back in court when Boyce is ready to rule.

3:01 p.m. Prior says Idaho rule 7 says prosecutors cannot change the indictment after they rest. “They don’t get to amend. Regardless, they don’t get to amend. It’s a very specific rule that references this very issue,” Prior says. Batey responds by saying there is a process for making amendments. “We are asking the court to correct what is clearly a clerical mistake,” she says.

3 p.m. Prior asks Boyce to dismiss the charge.

2:57 p.m. Prior cites a rule that says the court can allow an amendment before the state rests – but not after. Prior says the state doesn’t have any right to ask for a various or amendment at this point in the trial. “They have to make any amendment and correction prior to resting their case,” Prior says. He says four lawyers have had over a year to analyze this, and after they rest their case, the court corrected it. Prior says he wasn’t going to tip the court off that there was a problem.

2:56 p.m. Batey finishes her argument. Prior now arguing. He says the authority to reopen a case almost exclusively applies to evidence – not amending a complaint. He says he didn’t object to the original motion to amend it. “From that time forward, that’s the information I relied on. Any change, after the state has rested, is going to create a substantial due process argument for Mr. Daybell.”

2:54 p.m. “We are all falling on our sword here. This was clearly an oversight. We are talking about a clerical error in a subsequent document that was not in the original document,” Batey says.

2:53 p.m. Batey says this was a clerical issue, and the court can reopen the case to address the issue. The state would then amend the indictment before resting to get it in compliance. The state could then rest again.

2:51 p.m. Boyce asks Batey about variance. He says variance typically comes up when jury instructions don’t match the charging documents. “What the state would be requesting is we don’t have a variance yet because the jury hasn’t been instructed on something that varies from the charging documents. You’re suggesting I permit a variance to essentially cure the issue,” Boyce says. He is not aware of any other cases where a court proactively grants a variance.

2:50 p.m. Batey says this is a variance in dates while in other cases, there have been variances in years, and it hasn’t been a problem in those trials.

2:47 p.m. Batey says the second option is for Boyce to accept there is a variance with the indictment date and instruct the jury that there is a variance.

2:46 p.m. Batey says there was an indictment for 2.5 years that had the correct date and all parties were aware of it. She says it was a clerical error, and the court should utilize Idaho rule to let jurors know it was amended.

2:43 p.m. Batey argues her first option. She says state made a motion to amend the indictment in Nov. 2023 in three ways – modify subsection in count 1 and 3, modify language in counts 2, 3 and 5, and modify language “month” to “months.” “Nowhere in states motion did the state ever seek leave to amend any portion of count 4,” Batey says. Boyce approved the motion, and it was amended. Batey says when the amended motion was filed, the date of JJ’s death date was inadvertently changed on count 4.

2:41 p.m. Ingrid Batey will now argue count four. She says the state has three options. One – because count four did not fall within scope of court’s Dec. 8, 2023, order to amend, the court can simply correct it so it conforms with what count four should be. Second – the court could accept there is a variance and instruct jury that there is a variance. Batey said court could also add an item in jury instruction. Third – the court could reopen the case to allow the state to correct the indictment and formally amend it.

2:41 p.m. On final count, Boyce says state has presented significant evidence, so Prior’s motion for acquittal is denied.

2:40 p.m. On count six, Boyce says state has presented significant evidence, so Prior’s motion for acquittal is denied.

2:38 p.m. On count five, Boyce says state has presented significant evidence, so Prior’s motion for acquittal is denied.

2:37 p.m. On count three, Boyce says state has presented significant evidence, so Prior’s motion for acquittal is denied.

2:35 p.m. On count two, Boyce says state has presented significant evidence, so Prior’s motion is denied.

2:32 p.m. Boyce says on count one, state has presented significant evidence, so Prior’s motion is denied.

2:30 p.m. Judge Boyce is on the bench. John Prior is sitting next to Chad Daybell. Prosecutors are at their table. Boyce has prepared a ruling on everything except count four – first degree murder for JJ Vallow.

2:27 p.m. We are back in the courtroom. Here’s a look at the original indictment and the amended indictment. First one was filed in 2021. Second one was filed in Feb. 2024.

indictment in 2021

indictment in 2024

12:45 p.m. To clarify, the date is wrong on count four of the indictment – first degree murder for JJ Vallow. The death dates are for Tylee Ryan. JJ Vallow died Sept. 22-23, according to prosecutors. Larry Woodcock is outside the courthouse crying. Many others are too – wondering what happens now. WATCH VIDEO IN THE PLAYER ABOVE. We will find out at 2:30 p.m. when prosecutors address the error.

12:31 p.m. Boyce says there is a filed amended indictment that has the wrong dates for JJ Vallow’s death. He is giving the state two hours to prepare for argument. We will be back at 2:30 p.m.

12:28 p.m. Boyce says the language varies on the indictment from “on or about” and “on or between.” On the JJ Vallow murder, it says, “on or between Sept. 8-9.” Prosecutors ask to come back on Monday morning and argue. Prior says the state has had plenty of time to change the indictment, and they had already amended it. He doesn’t think they should be able to amend it any further.

12:25 p.m. Boyce is prepared to make a ruling but says he has an issue with part of the indictment. The indictment was amended on Feb. 20, 2024, and says JJ Vallow was killed Sept. 8-9, 2019. Boyce says JJ Vallow was clearly alive on those days.

12:22 p.m. Batey mentions that Chad told numerous people in his life that Tammy was going to die, Chad sent texts to his mistress that he felt trapped, Lori was shopping for wedding rings before Tammy died, Chad told conflicting stories about Tammy died and at her funeral, Chad said he had miraculously asked Tammy for all the financial passwords just days before her death.

12:17 p.m. Batey says there is ample evidence of the murders of Tylee and JJ because the bodies were found buried on Chad’s property. A reminder of the charges Chad is facing:

charges against Chad Daybell

12:15 p.m. Batey lists out the evidence the state presented in relation to each charge. She mentions the overt acts relating to the charges.

12:13 p.m. Ingrid Batey argues the jury should determine the weight of the evidence. She lists out the charges and says the state has presented evidence on all aspects of the charges.

12:11 p.m. Prior says there is no indication that Chad was present in the murders of JJ or Tylee. Prior says in regards to the conspiracy charges, there is no indication that Chad was involved. For the fraud charge, Prior says the only testimony he heard was the insurance was raised. “At this point I don’t think the state has met its burden regrading the fraud, all the conspiracy charges and they have not met their burden in the murders.”

12:09 p.m. We are back in the courtroom. Prior will now argue for a directed verdict – “a ruling from the judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.”

11:38 a.m. Boyce says we will take a break and a defense motion will be heard in 30 minutes.

11:36 a.m. Sidebar is over. Blake says the state rests its case.

11:31 a.m. Blake says the state has no further witnesses. Boyce asks if the state is resting. Blake asks for a sidebar.

11:29 a.m. Blake shows a slide showing the texts where Chad indicates a plan is being orchestrated. Blake asks where Tammy’s body was located. In her bed. She asks where JJ and Tylee were located. On the pasture of Chad Daybell’s property. Blake has nothing further.

11:26 a.m. Blake will now re-direct. She asks about manipulation by Lori. “Thought your investigation, did you also find manipulation from Chad Daybell?” Hart says he did. He found it throughout the entire course of the investigation. Chad determined someone was dark, a zombie and dark percentages.

11:25 a.m. Prior suggests this is an example of Lori trying to manipulate Chad. Hart agrees. Prior has nothing further.

11:24 a.m. Lori to Chad, “If you really loved me u wouldn’t want that either.” Chad to Lori, “I could have talked, but the girls were there. I truly love you with all my heart.” Lori to Chad, “U should give all your love and your attention to your wife and family. I’m just a distraction. Go have fun with your family. I really do want you to. I just can’t be in the way anymore. If things change then we can talk. But we have nothing until things change anyway.”

11:22 a.m. Chad to Lori, “I’m just so frustrated. I’m sorry, honey.” Lori to Chad, “U can’t just keep tearing my heart out. I really can’t take it any more. I’m sorry.” Chad to Lori, “It is tearing both of our hearts out. Please look beyond the next two days.” Lori to Chad, “What about the past 2 days? I didn’t even get to talk to you on your birthday. I’m clearly not a priority. I just don’t want to eb so sad all the time. And so heart broken.”

11:21 a.m. Prior asks if this is an example of Lori manipulating Chad. Hart says, “Absolutely. They both manipulated each other.”

11:18 a.m. Prior shows a text from Chad to Lori on Aug. 11, 2019. “No, but the next two days will be torture. Thankfully I will be alone more of Wednesday and beyond.” Lori to Chad, “Is that what He wants? For me to sit around waiting for you endlessly. And you miserably wasting time? Is just doesn’t feel right!” Chad to Lori, “I agree. It feels so drawn out.”

11:15 a.m. Prior asks Hart if Chad having spiritual gifts is unusual. Hart says he doesn’t believe it’s common. Prior asks about a breakup between Lori and Chad. He moves to admit an exhibit containing four text messages between Lori and Chad from Aug. 11, 2019.

11:12 a.m. Prior asks if the FBI ever uses a medium to try to locate or talk to children who have passed on. Hart says it’s extremely common for mediums to come forward during investigations, but the FBI does not employee mediums. Prior asks about a person named Allison Dubois. Hart says she is a spiritual medium but he doesn’t know what specific abilities she has. Prior asks if a medium has ever been utilized to get information about missing children. Hart has never spoken with Allison Dubois and has never requested her services. “Many times these people come forward offering their services and offering what they claim to have seen.”

11:10 a.m. Prior asks if it would be fair to say that you would look at a new husband if children are missing. Hart says yes but you can’t put blinders on and have to keep an open mind.

11:09 a.m. Blake has nothing further. Prior will now cross-examine.

11:05 a.m. Blake asks Hart if Alex would do what Chad asked. Hart says yes. Tammy Daybell did not know Alex. The only connection was Chad. The next slide shows texts from Oct. 23, 2019. Lori to Chad: “I had a bad dream about Al. Make sure he is still him and protect him. He would be the one they use to get to us both. All this along time is not good for him.” Chad to Lori, “I will try to reach out to him later today.” Around 20 minutes later, Chad wrote, “I just cleared all of Al’s weapons, curses and cords, and filled him with malachite healing balm. I also put angels around him.”

11:03 a.m. The next text from Lori to Chad on Oct. 20 at 8:20 a.m.: “That’s true. I do feel you. I feel love sick. I don’t want to eat. I just want you. It’s so consuming.” Chad to Lori, “I know exactly how you feel. I’m feeling sad, but it isn’t for the reason everyone thinks!”

11 a.m. Next slide is text from Chad to Lori: “I want t get going full steam on the Lili workout plan. Tighten the abs, get a full-body tan, grow my hair out. This could be really good for both of us.” Lori to Chad, “I love that plan. It’s not soon enough though. This is torture. Maybe you need to clear my mind so I can’t remember how much I love you.” Chad to Lori, “I will try, but it feels like Raphael and Lil are together about 100 percent. Not sure it will ever be lower again.”

10:59 a.m. Next slide shows text from Lori to Chad on Oct. 20. “Need you to hold me tight! That would be great. What about the idea or you coming here Thursday or Friday? Or do u want me to come home?” Chad to Lori, “Their apartment is haunted and we can’t clear the place. So they are looking to move anyway, and I have the perfect place for them. I need to be here to get sorting the financial stuff, and I truly need your help. So please come home Thursday so we can spend the night together. Then as soon as I have things under control, we can return. I seriously want you to look for a condo for us while you are there that we could return to at the first of the month.”

10:55 a.m. The next slide is from Oct. 20 – the day after Tammy died. Chad to Lori, “Percetange in body – Holsor 24, Kola 11, Grisone 14.” Chad to Lori, “Great job on lowering them! I loved talking with you! It is baby night, so come get me later!” Chad to Lori: “Missing you so much! I can feel you in bed with me, though. Can’t wait to truly hold you tightly every day and night.” Lori to Chad, “I’m missing you more!! I need you desperately. I can’t wait!”

10:54 a.m. Lori texts Chad at 9:52 p.m. that day. “Not fun without you. Can u call me?” Another from Lori to Chad: “How are you doing is the question.” Chad responds, “I’m hanging in there. My parents are staying here and we are still getting visitors, but I will call you soon.”

10:50 a.m. Four days later, the first attempt on Tammy Daybell’s life happened in her driveway. The next slide shows text messages from Oct. 19 – the day Tammy died. An unknown person texts Lori at 10:33 a.m., “I’m not sure if you heard but Chad’s wife died last night.” Lori responds, “Oh my gosh, I did not hear that. I’m in Hawaii and it’s 6 a.m. Do you know what happened?” The unknown person responds, “Yes, she awoke in the night coughing, threw up, collapsed and passed away.”

10:49 a.m. Chad continues, “Sam is much like Brandon. She has been my biggest enemy over the years. She refuses to read my books and threw the biggest fit when we moved to Idaho. She has only visited us when the kids got married and always fled Idaho within hours, like she was being burned. She’s definitely comparable to Brandon and Summer. Not really sure of the timing for removal, but once her actions verify the differences, I don’t want to wait.”

10:45 a.m. The next slide shows a text from Chad to Lori on Oct. 5. “The short version is that she has been switched. Tammy is in Limbo, and a level 3 demonic entity named Viola is in her body. It happened at about 10 p.m. and was done by Tammy’s sister Sam, who I always knew was 3D, but it turns out she is multiple creation…Viola has been attached for about a year to my niece Danica, who is Sam’s 12 year old daughter. I have connected with Tammy in Limbo, and she is very frustrated and upset. She wants Viola removed as soon as possible. Viola seems to be similar to Penelope. The personality differences from Tammy should be evident quickly. Please seek a confirmation on this, but I have now checked three times since I got home and get more affirmative answers each time.”

10:41 a.m. The next slide shows a message from Chad to Lori on Oct. 3. “Good night, angel Lili. So excited to go on our date!” Lori to Alex on Oct. 4, “We are supposed to go on a real date tonight but we are discussing it. Perhaps an evening at home would be better so we are not out and about. I’ll let you know. But u could come and sing with us after your shower.” Chad to Lori on Oct. 5, “Hello, sweet angel. Big news about Tammy. Please let me know if you are awake and can talk. I love you.” This was during the timeframe Chad encouraged Tammy to go to Utah to see her family.

10:39 a.m. The next slide if a text from Sidney Woodbury, the babysitter, to Lori on Sept. 24. “Hi Lolo! Are we still good for me coming today?” Lori responds, “Hi Sidney. I hope the wedding was good. So JJ’s grandparents came this weekend and they took him for a few weeks to give me a break. So he won’t be back until probably the end of October. I wish I had other work for you to do. You are such a darling girl. I understand if you need together another job :)” Lori sent another follow up message. “Of course. I’m not sure when he will be back but I’m going to do some traveling while he’s gone. Probably to see my friends in Hawaii but I’ll let you know for sure when we are both back in Rexburg. You are great!”

10:38 a.m. The next slide shows the last known video of JJ Vallow. It was on Sept. 22 at 10:46 a.m. He is sitting on the couch in an apartment wearing red pajamas playing with a cup. Blake plays the short clip.

10:36 a.m. In the videos section on the lori4style iCloud, the last known video of Tylee was taken on Sept. 8. 2019, at 2:49 p.m. She is holding JJ while they stand next to Alex at Yellowstone National Park. It was taken five days after the messages about eliminating zombies completely.

10:34 a.m. Hart says these texts help explain Alex Cox’s role in the relationship with Chad and Lori. Alex was not included in the messages regarding death percentages, Hart says.

10:32 a.m. Tylee Ryan’s last known sighting was a few days later – Sept. 8. Alex continues to Lori, “And I can change it to whatever u want if you wanna change it. I am proud of you. No more Zs.” Lori responds, “We r trying to get to the bottom of what we need to do to eliminate them completely. I’m sure you will be told also.” Alex says, “Excellent.”

10:30 a.m. Back in the courtroom. Blake continues to show slides with text messages. On Sept. 3, Alex texted Lori, “Wifi is on. Whatcha doin?” Lori says, “Working on Z’s. What did u decide on user name and password?” Alex to Lori, “Network name is anti-laman pw is 2manykids.” Lori responds, “Funny!”

10:05 a.m. Hart says the finish line was this plan they had without Charles, Tammy, JJ and Tylee. Mid-morning break time. Back in 20-30 minutes.

10 a.m. The texts continue. Chad to Lori, “You’re so incredible. In many ways, your mission has barely begun.” Lori to Chad, “As long as it ends with you…it’s all good.” Chad to Lori, “Yes, cheek to cheek. Loin to loin.” Lori to Chad: “I wish I could be with you check to cheek.” Chad to Lori: It is very far away, my love. I seriously cannot stop crying. I was allowed to feel my own emotions. I will experience as you sing to them, and the love, admiration and reverence I have for you are indescribable. Everything we do together is going to be spectacular.” Lori to Chad, “I cannot wait. I have no patience…I want you now.” Chad to Lori, “I’m certainly your biggest fan! I love you, Lili! Hold on, my sweet angel. We’re so close to the finish line!” Lori to Chad, “I’m trying.” Chad to Lori, “We’ll make it.”

9:58 a.m. Lori to Chad, “What should I be doing?” Chad to Lori, “You are doing everything right, my love. The Lord told me, ‘She is right on track.’ He said to just keep resolving the telestial issues so you are unencumbered and fully free. That actually feels good that JJ was talking to the real Blake. Getting close. When I was sitting across from him eating bacon, I sensed he was barely attached to his body.”

9:56 a.m. Blake asks where Tylee and JJ’s remains were ultimately located. Hart says, “On Chad Daybell’s property.”

9:55 a.m. Again – Blake is Melani Boudreaux’s child. Texts continue. Lori to Chad, “Do u think there is a perfectly orchestrated plan to take the children? And we just have to wait for it to be carried out? I feel lost. Like I should be doing something to help.” Chad to Lori, “There is a plan being orchestrated for the children. I was shown last night how it fit together, but it has been taken from my mind of course.”

9:53 a.m. Charles had been dead for a month when these messages were exchanged. He had been a big help in caring for JJ, Hart says. Chad responds to Lori, “Yes, he’s at zero. He probably was partly through the veil, talking to people, both light and dark.” Lori responds, “Maybe he was talking to the real Blake.” Chad says, “Yes, that was the real Blake.”

9:50 a.m. On Aug. 10, Lori texts Chad at 1:18 a.m., “Please check JJ. He just woke up saying crazy stuff and won’t go back to sleep. He is talking to Blake. It’s weird.” Chad responded at 7:24 a.m. “JJ is still JJ. I am told his spirit recognizes Blake is evil and is unsettled by him.” An hour later, Chad texts, “Hi, my love. How is JJ now?” Lori responds, “He’s better. He was just up talking nonsense for like 2 hours later night. I’m sure they were bugging him. Is he at zero yet? I miss you.”

9:48 a.m. These photos were taken on Aug. 7, 2019. Tammy Daybell was still alive. The next screen shows messages from Aug. 7. Lori to Chad, “I love you. taking braxy home now. I’ll check on her. She is asleep. She put a bunch of holes in the walls and doors. Definitely had demons helping her. Probably 1000. Mel wants us to come up there tomorrow but I said next Thursday to Sunday. What do u think? We r both so tired of taking care of demons. We are weary. Please ask the Lord to take them!”

9:45 a.m. The next slide shows a photo of Chad standing by a picture of Jesus Christ hanging on a wall in an old LDS church. Alex sent it to Lori with caption, “Look at the bubbies.” There is also a photo of Alex standing by the same picture of Jesus Christ. Chad texted Lori the image with the caption, “Two exalted beings.”

9:44 a.m. Hart could never find the actual percentage chart.

9:41 a.m. The message from Chad to Lori shows he is the source of what is happening, Hart says. Next slide if a texts from Chad to Lori, “Yes, we might need to release a little steam when we talk. Anyway, this is the chart that checks what percentage mortals are still in their body. It worked for my friend’s wife who died, my neighbor, George Bush, Stan Lee, etc. I kind of forgot about it because we’ve been dealing with zombies and demonic entities. But this afternoon Tammy said she felt lightheaded, as if her body and spirit weren’t connected.” Chad follows up seven minutes later, “I will update the list and figure out Brandon, Adam and others.”

9:37 a.m. Next slide starts with Lori to Chad. “2 and 3 percent? Not zero?” Chad to Lori, “I will explain when we talk.” Lori to Chad, “Ok. still feeling hot for you.”

9:34 a.m. Hart says this is the first we time we see the full phrase “death percentages” and that they are Chad’s – he says “my original death percentages.”

9:33 a.m. On July 30, Chad texts Lori, “I got the inspiration to go back to my original death percentages that helped us track Charles, Ned, etc. Tammy is very close. Her percentage has fallen steadily since Hippos left. It is encouraging!” Lori to Chad, “What is the percentage now? What about JJs too?” Chad to Lori, “Tammy is at 3. JJ is at 2. Both ar being heavily shielded to stop intruders.”

9:31 a.m. These texts were sent as Lori and Melani B. were traveling to California with their kids. The two 3s are referring to two of the kids who are in the car with them. Chad wrote that he would “give them a reason to scream” – indicating he could cause physical pain to the children. Chad sits stoic and shows no reaction as these texts are read.

9:30 a.m. The next slide is from July 29. Chad to Lori, “One question: Do you want me to cause pain yet to those two 3s you’re riding with?” Lori to Chad: “Probably hold off on them till we arrive. They will be mistake to deal with. But I’ll text you if they start acting up and we can zap them. Miserable – not mistake.” Chad to Lori, “Sounds great. Yes, if they are going to act up, we’ll at least give them a reason to scream. I love, cherish, treasure and adore you. The wonderful memories just keep coming back. You are mesmerizing. Raphael is one lucky guy.”

9:29 a.m. Brighton is another one of Melani Boudreax’s sons. Mel refers to Melani.

9:27 a.m. The next slide shows texts from the same day. Chad to Lori, “Missing you too! It is still JJ. I’m told she is lying about him being calm and watching movies.” Lori to Chad, “Mel knew. She called me. She felt the real Brighton last night and knew she was different. She was told I didn’t want to tell her. She is taking well and knowing it is part of a big plan. She is amazing! although I’m still pretty upset over it. I love you. trying to ‘hang in there.’ Missing your kisses.”

9:25 a.m. On July 26, 2019, Chad texted Lori, “How are things at home?” Lori responds, “She’s fine. Need you to check JJ. She said he was calm and he watched moves all day which he would never do. Missing you!!” Most of these messages have lips, kiss, fire emojis.

9:24 a.m. There is an 11 hour gap of time between Lori asking Chad to check JJ and her asking him to check Tylee. Chad then responds two hours later. “Chad Daybell is the one who will explain to Lori Vallow. Lori Vallow is making inquires to Chad Daybell, and Chad Daybell tells her, ‘I will explain it,'” Hart says.

9:20 a.m. This is a conversation about a child, Hart notes, and Chad talked about “greatly increased his pain.” The other message referred to Chad turning up Tylee’s pain. The next slide is from July 23. Lori to Chad: “Good morning. Missing you. Didnt’ sleep much. Need you to check JJ. Weird stuff happened in the middle of the night. It’s like they distracted us with Blake. When u get home, Check Tylee. She is being super sweet and helpful and she cleaned her room. See if she got switched. Totally not her.” Chad to Lori, “Yes, she was switched. Please let me know when you can talk, and I will explain it.”

9:18 a.m. On July 20, Lori texted Chad. “What’s Blake’s percentage?? He drew three crosses on the wall in his bedroom. We just finished painting over them. Like he was marking it for the dark side to find him.” Chad responds: “Blake is at 7. I took my sword of light and sliced his aura vertically in several places. You should be able to now rip and burn it. I also decreased his pain tolerance to 1 percent and greatly increased his pain. His desire to depart is at 80 percent.” Blake was 3-4 years old at the time and is Melani Boudreaux’s son. (She is Lori’s niece and is now Melani Pawlowski.)

9:17 a.m. Blake asks Hart what Chad meant by “extreme changes” in the text message. “Within three months of this date, Tylee, JJ and Tammy are all dead.”

9:15 a.m. Hart says Lori repeatedly went to Chad for guidance and answers. These messages were one week following Charles Vallow’s death.

9:13 a.m. Tammy Daybell was still alive during this time. The next slide shows the messages continue. Lori to Chad: “And Then what?…Back to crying and saying goodbye, back to the box??” Chad to Lori, “This trip to Utah had a lot of finality to it. I was told extreme changes are coming for me and to Utah. I welcome them both.”

9:11 a.m. That same day, Chad texts Lori, “You are so adorable, beautiful, wonderful, heavenly, luscious, and angelic. So many divine attributes rolled into one dynamic, desirable package. I want you even more desperately than you want me!” Chad to Lori, “Just grab me by the storm and I will follow you to the ends of the universe!” Lori to Chad, “When might that be??” Chad responds, “Wednesday evening, and then repeatedly and gloriously until Friday.” Blake asks what the storm is in reference to. Hart says, “That’s Chad Daybell’s penis.”

9:10 a.m. Hart says this is the first time in messages that he saw references to death percentages but there are several that follow in the next three weeks. Later on, there are conversations regarding Tammy.

9:04 a.m. Hillary was a reference to Tylee. Raphael was a name for himself. Hart could never determine who Amy was. He noted that Chad said he was “instructed” to focus his efforts on Tylee Ryan. Lori asks Chad to find out the death percentage of Tylee and JJ. Hart says this is the first in a series of texts over three weeks between Lori and Chad where they discuss death percentages of Tylee, JJ and Tammy.

9:01 a.m. Hart noticed that Lori had to check everything with her “source.” The next slide shows Chad to Lori on July 18, “I have been instructed to focus my efforts on Hillary, so I will.” Lori to Chad, “Ok. Find out her percentage from me and JJs.” Chad to Lori, “She is at 0.13 I turned up the pain to 10 and placed a spiritual virus in her. He is at 99.99. Raphael visited him and told him to follow Amy into the light. I also assured him that James would love and take care of his mommy, which he will do with all of his heart and soul.” Lori says, “That is sweet! I miss you desperately.”

9 a.m. Jurors are brought back in. The first slide shows a text message from Lori to Alex on March 20, 2019. “I’m finding out some great stuff about you. I’m gonna do some sealings. Can’t wait to share all the things I learned about you. wow! U r gonna like it. It explains a lot.” Alex responds, “Ok. hurry up. Please.” Lori responds, “Going to check everything with my source tonight to make sure I got this all right but it’s really good. We can talk about it tomorrow hopefully.”

8:54 a.m. Blake says the exhibit is part of the iCloud accounts that have already been admitted by stipulation. Prior is aware but worries the contents may have been altered. Boyce says he’s going to allow the exhibit, but Prior can object if he has a problem during the presentation.

8:52 a.m. There is an evidentiary ruling the court needs to take up outside the presence of the jury. Jurors are being excused.

8:48 a.m. Hart spent over 100 hours reviewing the lollytime and lori4style iCloud accounts. Both belonged to Lori. “It’s a tremendous amount of information. Tens of thousands of text messages, multimedia messages, voicemails, thousands upon thousands of photographs, videos, emails – everything you would find on a modern smartphone.”

8:47 a.m. On the night of June 9, Hart and another agent went to speak with Chad’s children. The agents explained they wanted to talk with them about some things and asked if the kids would meet with them. Initially the children agreed to meet but the next day, they said they wouldn’t meet after they spoke to their dad.

8:45 a.m. Blake shows more photos of the ground above where JJ was found. Investigators used probing sticks on the property, and the first layer of sod in this area was removed. That’s where they uncovered four rocks lined up in a row. Under the rocks, investigators found wooden planks. Beneath the wood was JJ’s body.

8:43 a.m. Blake shows a photo and Hart describes it as JJ’s burial site. There is consistent shrubbery/plant growth but in the middle of the photo, there is a rectangular area that is a different color and length.

8:40 a.m. Several other agents became involved in the investigation for the missing kids. Hart previously worked on Native American reservations and identified clandestine grave sites. He helped process and exhume grave sites. Hart was present when JJ and Tylee were found. Blake moves to admit an exhibit.

8:36 a.m. Hart retired from the FBI and currently works for the Canyon County Sheriff’s Office. When he was with the FBI, Hart was brought in to help with the search of JJ and Tylee.

8:33 a.m. Jurors are in their seats and Fremont County Prosecuting Attorney Lindsey Blake calls Doug Hart to testify. He walks into the courtroom and is sworn in.

8:29 a.m. Four jurors who served in Lori Vallow’s trial are in the courtroom today. Larry Woodcock is also here and there are around 30-40 people in the gallery. Chad is seated next to his attorney, John Prior, and prosecutors are at their table.

8:20 a.m. It’s day 25 of the Chad Daybell trial, and the prosecution will call retired FBI agent Doug Hart as its final case-in-chief witness. Judge Steven Boyce has said it will be a short day today. John Prior, Daybell’s attorney, likely won’t start his defense case until tomorrow or Monday.