LIVE UPDATES | Jury begins deliberations in Chad Daybell case - East Idaho News

LIVE UPDATES | Jury begins deliberations in Chad Daybell case

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Please excuse the typos. These are live updates from the courtroom.

4:31 p.m. Jurors have left the courtroom. Boyce tells attorneys they need to stay close by in case there is a verdict or question from the jury. We are now in recess. Stay tuned!

4:30 p.m. All jurors will be sequestered, including the alternates. Three bailiffs were sworn in yesterday to serve the juror and three additional bailiffs will be sworn in now. Clerk swears them in.

4:28 p.m. Clerk draws the five numbers of the alternates: 6 – man. 16 – woman. 18 – woman. 17 – man. 13 – woman.

4:26 p.m. Boyce will now draw numbers of the alternate jurors. It will be random. Their service isn’t over in case a juror becomes sick or cannot serve. The alternates will also be sequestered.

4:25 p.m. The recording was made on the same day Tylee and JJ were found on his property. “I ask you to hold the state to our burden, review the jury instructions, apply the common sense, review the testimony and evidence. Thank you.” Total time for rebuttal was 35 minutes.

4:24 p.m. “Chad says who’s dark, Chad says death percentages and three bodies are located on his property. Three obstacles that were in their way,” Blake says. She then plays the clip of Chad in the back seat of the police car where he says, “I’m not coming back.”

4:23 p.m. Blake plays part of the patriarchal blessing Chad gave to Alex. “Alex had already helped him in ways they could never repay,” Blake emphasizes after she stops playing.

4:20 p.m. Blake shows a text message between Chad and Lori on the screen where Chad said relatives were obstacles.

4:18 p.m. People that Chad labeled zombies were obstacles, Blake says. The people he could get financial gain from would die. “Zombies as designated by Chad.” Blake references the messages Prior referred to and says “they were messages that resulted in three people dying.”

4:18 p.m. Blake tells the jurors law enforcement did not have on blinders – they went where the evidence led and followed up on lots of tips. The kids were found dead in his yard and Tammy was found dead in the house. “You go where the evidence leads.”

4:15 p.m. Blake reminds jurors that for conspiracy, there is no requirement that the defendant committed a physical act to end a life.

4:13 p.m. Blake reminds the jury that Emma testified her dad told her the kids were safe. He tells the jury that Dr. Raven, the defense expert, didn’t review medical records or other records while the state’s witnesses reviewed records.

4:10 p.m. Blake says there were never any reports made to the sheriff’s office that Chad was afraid of Alex Cox. After Alex shot Chad, Chad was back in Arizona visiting with Alex and Lori. Chad gave Alex a blessing.

4:09 p.m. Blake reminds JJ and Tylee were both last seen after it was confirmed Lori was receiving their Social Security payments. “Chad is the one who determined someone was dark, Chad is the one who determined death percentages, the kids were buried on Chad’s property.”

4:07 p.m. Blake reminds the jury of the recordings Ian Pawlowski made with his new wife, Lori and Chad. On one of the recordings, they are upset that Melanie Gibb is going to the police.

4:04 p.m. Blake reminds jurors about Chad Daybell’s house having an upstairs and the recording of Chad and Emma chatting with each other when he was in the backseat of a police car on June 9. Blake says Alex isn’t just on the property the day JJ was buried, he was in the actual spot where JJ was buried.

4 p.m. “Lori and Alex weren’t the ones labeling people dark in the messages. Lori and Alex weren’t the ones assigning death percentages,” Blake says. “Chad was.”

3:59 p.m. Blake talks about Chad not facing charges for in relation to the Brandon Boudreaux and Charles Vallow cases. Blake says he’s not on trial for those crimes — but Brandon and Charles were both labeled dark by Chad.

3:58 p.m. Blake reminds the jury of Jason Gwilliam testifying that Chad told him, “My kids know how to keep a secret.”

3:57 p.m. Blake mentions Det. Mattingly trying to show the autopsy results to Emma Daybell Murray. He told her she didn’t need to have an interview – they could just show them to her.

3:55 p.m. Blake says there doesn’t have to be a written agreement – it can be implied.

3:54 p.m. “Conspirators need not agree on every detail. The agreement may be established in any manner sufficient to show an understanding with the parties,” Blake says, reading from the rules.

3:55 p.m. Blake says a conspiracy requires a plan to commit a crime and one of the actors commits one overt act – not every actor needs to commit the act and not every act has to be committed.

3:53 p.m. “The state absolutely recognizes we have the burden of proof in this case. We told you that in the beginning. We’re not shying away from that. It is our burden,” Blake says.

3:50 p.m. Lindsey Blake will offer rebuttal. She begins by talking about jury instructions. Instruction #18 – Aiding and abetting is defined as before or during the commission intentionally aiding, assisting, encouraging, counseling, inviting, helping or hiring another to commit a crime. “If you find any of those acts occurred, when we are talking about first degree and conspiracy, you don’t have to find the defendant actually committed the physical act to end someone’s life. You have to find the defendant did one of those things.”

3:49 p.m. Back in the courtroom. Boyce is on the bench and jurors are being brought in.

3:25 p.m. We are taking a 15 minute recess before Lindsey Blake does rebuttal closing arguments.

3:23 p.m. “These officers failed this investigation. They absolutely failed in their investigation looking up the facts of this case. If there is reasonable doubt, and there is reasonable doubt, you must return a verdict of not guilty. I am respectfully asking all of you to return a verdict of not guilty.” Prior is done. His total time was an hour and 19 minutes.

3:22 p.m. Prior says Tammy got the bruises on her arms and chest from carrying books at the book fair. “There was no asphyxiation here. This was not homicide.”

3:19 p.m. Prior says Melanie Gibb waited ten days to tell the police that she knew where JJ was. He calls Zulema Pastenes “another complainer – married to the murderer of JJ Vallow, married to the murderer of Tylee Ryan, married to the murderer of Charles Vallow and married to the attempted murderer of Brandon Boudreaux.”

3:17 p.m. Prior wants to talk about Tammy and the FitBit. “You heard from Emma and Garth that their mother wasn’t doing that great.” Prior tells the jury they can’t speculate about Tammy’s health.

3:15 p.m. Prior tells the jury that silence cannot be used against Chad. “You can’t do that. If he chooses not to talk, you can’t even consider that,” Prior says.

3:13 p.m. Prior talks with the jury about dark and light, cashing and Chad being a traditional Mormon. Prior says Chad can go off into a 35-40 minute patriarchal prayer “and I still don’t even know what he’s talking about.” Chad smiles and shakes his head.

3:11 p.m. Prior lists his experts on the screen – Dr. Raven, Dr. Bartelink, Patrick Eller and Dr. Hampikian.

3:09 p.m. Prior lists people who Chad said were dark – Heather Daybell, Det. Hermosillo, Samantha Gwilliam – “they were all dark but they’re not dead.” “Chad was the target. This author writes and talks about uncomfortable things. But he has every right to talk about it and you cannot hold it against him because you don’t like the topic.”

3:07 p.m. Prior says Alex was going to kill Chad next. He refers to text messages between Melanie Gibb and Rob Wood including one exchange Melanie Gibb had with Keith Morrison about Melanie’s intent to protect the church. “Why is Melanie Gibb telling a prosecutor in a criminal case that we need to protect the church?” Prior asks.

3:04 p.m. Prior says Alex burned Tylee’s body somewhere in Fremont or Madison County and then put it in the ground. He says Lori’s intent was to “finish off husband number five.” Prior says pointing to Chad and then says Lori tried to set Chad up. “Alex Cox is a murderer and he is not shy about shooting people. He shot at Brandon Boudreaux, he murdered Charles Vallow and Chad Daybell was next.”

3:02 p.m. “You can’t say the police didn’t try. They brought out a bulldozer. They made an effort to find whatever they could find but they couldn’t find all the pieces. The question remains is this – if Alex Cox put the body in the ground and put QuickCrete to cover up the burial, when did the carnivore bite take place? When did we get the carnivore bite if Alex Cox took the body directly from his apartment, brought it over to Chad’s like they are suggesting, threw it in the ground – when did the carnivore bite take place?” Prior says Alex Cox murdered Tylee Ryan and Lori Vallow knew what was going on.

3 p.m. Prior mentions Dr. Bartelink’s testimony – the guy who researched how much it takes to burn a body. “Where was the bon fire on Sept. 9? There was no bon fire. It wasn’t there. I can’t prove to you where Alex Cox burned the body but the body was burned as a whole,” Prior says.

2:58 p.m. Prior talks about Sept. 9 – the same cast of characters, same people. Alex Cox, Lori Vallow, Tylee Ryan. Prior references the raccoon text and how there was no location to show where Chad was. “Earlier in the day – yeah. He shot a raccoon. Then he started a small fire and burned some limbs. We know he shot a raccoon,” Prior says, referring to Reagan Price’s testimony (a neighbor) that earlier that morning, she heard a gunshot.

2:55 p.m. Prior says Melanie Gibb was trying to cover her tracks and all these religious teachings came from Melanie Gibb. He references how Chad’s phone had zero location data.

2:53 p.m. Prior says Dr. Christensen, the man who did the autopsy on Tammy in Utah, never called Chad and Tammy’s kids. Prior talks about confirmation bias and “all in the audience with the suits (referring to the police) – that’s exactly what they did.” Prior says Melanie Gibb and David Warwick were ignored. “They did nothing,” referring to the police not investigating Gibb and Warwick.

2:51 p.m. “Alex Cox had a motive. Alex Cox would be either spending the rest of his life in prison or far worse fate if JJ or Tylee opened their mouth and said anything,” Prior says.

2:48 p.m. Prior says Lori Vallow cared about money, Lori Vallow and Alex Cox. He talks about Lori trying to get her “greedy hands” on money. And the next victim? “Husband number 5” – referring to Chad Daybell. “Just get insurance. Just say it’s me and you.” Prior says Chad usually drove the Dodge Dakota and the target of the gunman was not Tammy Daybell – “He was the target!” pointing at Chad.

2:46 p.m. Prior talks about motive and says Alex Cox shot Charles Vallow. He says there were two “expendable” people who witnessed the murder of Charles Vallow: Tylee Ryan and JJ Vallow. “They become expendable because the one thing that could cause Alex Cox to spend the rest of his life, or far worse in Arizona, is a 16-year-old girl and an autistic 7-year-old little boy.” Chad Daybell was not charged in that crime.

2:45 p.m. Prior refers to Officer Schmitt’s testimony: “Grab some shovels and start digging. How do we know he’s telling the truth?” Prior tells the jurors to review the pictures of the shovel and says the police used Chad Daybell’s shovels while they were looking for Tylee and JJ. “Magically we get a pickaxe and another shovel and guess what? Surprisingly, of the 18 tools…not a drop of DNA of Chad Daybell is on any of the tools.”

2:42 p.m. Prior shows a slide displaying jury instruction #20. It talks about the crime of conspiracy and there needing to be an agreement. Prior wants to talk about two exhibits – the first picture is of the tools in the garage. Prior says the first picture of the shovel shows there aren’t any scuff marks. He says the second picture, taken later in the day, shows scuff marks.

2:40 p.m. Prior again says there was no agreement between Chad and the co-conspirators.

2:37 p.m. Prior apologizes that he’s running long. “I didn’t mean to go on this long,” he says. Prior references the police body camera footage with Det. Ron Ball in Nov. 2019 where Lori says she is planning to move in with her friend Melanie Gibb.

2:36 p.m. “Chad didn’t know where the kids were. Chad didn’t know where the kids were until that faithful day of June 9 when the kids were found on his property,” Prior says. Prior says Lori Vallow was selling the plan that the kids were fine and nobody else knew where they were. “That was the dupe on Chad Daybell. The kids are fine. It’s all going to be cleared up.”

2:35 p.m. Prior tells the jurors to listen to the testimony of Jason Gwilliam and the call he recorded between him, Chad and Lori. Lori told Jason to refer law enforcement to their family attorney.

2:32 p.m. Prior talks about jury instruction #8 and #18. He points to the last sentence of #18 – “mere presence at, acquiescence in or silence consent to the planning and commission of a crime is not sufficient to make one an accomplice.” Prior reminds the jury there has to be an agreement.

2:30 p.m. “There has not been any evidence saying we’re gonna kill the kids. We’re gonna kill Tammy,” Prior says. “There was talk of a plan – 144,000 building a village for the sick, etc. It wasn’t a plan to kill folks – it was a plan to gather by a traditional Mormon.”

2:29 p.m. “If you have doubt about what happened here, the verdict has to be not guilty. That’s what the law says,” Prior says.

2:26 p.m. Prior explains juror instruction #5 – reasonable doubt. He tells the jurors if they don’t know which way this is supposed to go, the verdict is not guilty. “And under our system of justice, it has to be not guilty.” Prior references the teachers and principal and “everyone else who was dragged in” to testify about Tammy’s health. He tells the jury to use common sense.

2:25 p.m. Prior reminds the jury the defendant never has to prove his innocence and he does not have to speak. “They have the burden to prove there was an agreement. They have a duty to prove Chad, in some way, was involved in the murder,” Prior says, referring to the prosecutors.

2:24 p.m. Prior tells the jury to remember the judge’s instructions: rely on their memory, not on what the lawyers say. “If they say something different than what you remember, you rely on your notes. You rely on your memory,” Prior says, pointing to the prosecutors.

2:23 p.m. Prior: “We don’t speculate. We do not engage in conjecture. We do not guess. Facts and evidence. Facts and evidence.”

2:21 p.m. Prior says all Chad did before the attempted shooting of Brandon Boudreaux was Chad carrying a Jeep tire and that he isn’t connected to the shooting. “Fact: Chad Daybell was not involved with Charles Vallow. Fact: Chad Daybell is not implicated with Brandon Boudreaux. Fact: Chad Daybell espoused religious beliefs. Where it the agreement? Where is the agreement? It’s not there.”

2:19 p.m. Prior talks about the Googling of the south/southwest winds the day before Tylee was buried and says Emma Murray testified she Googled it – not Chad. Prior reminds the jury that he called Officer Duncan from Arizona to the stand. Duncan said the prosecutor in Arizona says there was no reasonable likelihood of conviction for Chad Daybell in the Charles Vallow homicide.

2:17 p.m. Prior points to the prosecution and says, “They have not established an agreement.” Prior says Chad espoused religious beliefs but there was no agreement between Chad and the co-conspirators. “Unless there’s an agreement to commit a crime, you can talk all day long about your religious beliefs.”

2:16 p.m. Prior says Chad had traditional Mormon beliefs and it’s not a crime if you have beliefs.

2:15 p.m. “You don’t get to the overt acts, you don’t get to all the things the prosecutor has said about all the things these people have done until you establish that Chad Daybell – by evidence and testimony – has shown there has been an agreement between him and Lori, him and Alex or anyone else,” Prior says.

2:13 p.m. Prior says for years, Chad was writing books about things he was passionate about. He became a little bit of a celebrity. Prior says he doesn’t want to become a celebrity – he’s had enough at this point. Chad went to conferences and talked about his premonitions and things he could predict.

2:12 p.m. Prior says it doesn’t matter if you agree with Chad, death percentages, light and dark – it doesn’t matter. Chad is entitled to his beliefs. Prior says everybody has beliefs and they aren’t all rational.

2:10 p.m. Prior says text messages are often misconstrued. “At no time did the prosecutor show you a text message that said, ‘Let’s kill the kids. Let’s kill Tammy.'” Prior calls Chad a gatherer of the 144,000 and he wanted to gather people – the sick, the elderly, the children, the impoverished, those that can’t handle for themselves.

2:09 p.m. Prior says there was an “enormous” amount of evidence here. He references his expert and the six terabytes of information he references. Prior says you’ve been shown “a handful of messages” and there were thousands and thousands of other messages that talked about religious beliefs and other topics.

2:07 p.m. Prior talks about the crime of conspiracy. “It can’t be an agreement that we have consistent religious beliefs,” Prior says. The extra step in the agreement has to be “we are going to kill these children. We are going to agree to kill Tammy Daybell,” Prior explains. “You can hear all the testimony in the world about dark spirits, light and dark, death percentages” and then Prior reminds the jury about text messages between Chad and Tammy about death percentages.

2:05 p.m. Prior reminds jury the entire burden is on the state and the state must prove every element beyond a reasonable doubt. He says the state must prove there was an agreement between the co-conspirators. “The state has to prove that Chad Daybell with Lori Vallow, Alex Cox or other co-conspirators entered into some sort of an agreement to kill the children and to kill Tammy Daybell.”

2:04 p.m. Prior says he has 15 slides and won’t be too long. “I promise you this isn’t going to take two hours,” he says. The first slide says “A criminal case it like a chain. Each link represents an aspect of the case.”

2:02 p.m. Jurors have been seated. Defense attorney John Prior will begin his closing argument.

2:01 p.m. Boyce is on the bench. Jurors are being brought into the courtroom.

1:56 p.m. Back in the courtroom after lunch. Chad Daybell just walked in. He has an ankle monitor on his leg. He is sitting next to John Prior. Prosecutors are at their table. There is nobody in the gallery in support of Chad. Larry and Kay Woodcock are in the courtroom.

12:57 p.m. “All three victims gone too soon.” Blake’s final words. Total time: One hour 54 minutes. Boyce says we are recessing for lunch. Be back with defense closings at 2 p.m.

12:55 p.m. Blake tells the jury all Chad had to do was advise, encourage, plan the murder to be found guilty of the murder charge. Blake shows photos of Tylee, JJ and Tammy on the screen. She says they all became dark and “we know what happened.”

12:51 p.m. Blake lists several of the overt acts committed by Lori. Blake says Lori and Chad used religious beliefs to justify their actions. Blake reminds jurors about burner phones, text messages, Chad increasing life insurance, firearms and more.

12:49 p.m. Blake reminds jurors what a conspiracy is. An agreement between two or more persons to commit a crime. Only one of those persons has to commit an overt act.

12:47 p.m. Blake shows the last photo of Tylee and JJ. It’s next to another photo showing the burial site of Tylee. “Tylee had a whole life ahead of herself,” Blake says. She shows a picture of JJ and next to the picture is his burial site.

12:45 p.m. Blake says once the kids and Tammy were gone, Chad and Lori could have power, money and sex. Chad and Lori never came forward with information on the whereabouts of the kids.

12:42 p.m. Blake explains how the experts reached their conclusion on determining Tammy’s cause and manner of death. Chad told people different things regarding Tammy’s death. Blake shows Chad’s inconsistent statements regarding the death on the screen.

12:39 p.m. Blake tells the jury that Chad was a self-appointed leader of the Church of the Firstborn. She plays the clip of the blessings where Chad tells Alex he could never be repaid for all he has done for them. Chad tells Alex he will begin his terrestrial phase of his existence and will move forward as a true warrior.

12:37 p.m. We see the photos of Chad and Alex standing next to pictures of Jesus Christ. Blake plays part of the patriarchal blessing Chad gave to Alex with Chad telling Alex that he is his sister’s protector.

12:36 p.m. Blake reminds the jurors about calls that Ian recorded. Chad and Lori told Ian and Melani that some disciples were dark. Blake shows more text messages between Lori to Chad.

12:33 p.m. Blake tells the jurors that Chad determined death percentages, who was possessed and when people were possessed, they had to die. She plays a clip of Jason talking to Chad and Lori.

12:32 p.m. Blake reminds the jury how JJ was found – discarded in Chad’s backyard. Blake plays the call from Jason Gwilliam about the kids. Lori tells Jason a bunch of people are starting trouble for no reason.

12:30 p.m. Blake plays the phone call Melanie Gibb made to Chad and Lori where she confronted them about the whereabouts of JJ. Lori told Melanie she didn’t want anyone to know so JJ can be safe.

12:28 p.m. The police body camera footage is being shown of Lori telling police that Alex is her “protector” and everyone is causing her trouble. Lori says her daughter is going to BYU-I and Chad is her “brother’s friend.”

12:27 p.m. Blake talks about Rexburg police responding to Lori’s apartment in Nov. 2019 to do a welfare check on JJ. Blake shows a clip of Lori telling the officers that JJ was with Melanie Gibb in Arizona and they were going to “Frozen 2.”

12:25 p.m. Blake has been talking for an hour and 22 minutes. She shows the wedding photo of Chad and Lori’s wedding rings. One juror appears to be fighting to stay awake.

12:23 p.m. Days after Tammy’s death, Chad went to visit with Alice and Todd Gilbert. Chad later brought Lori over to meet his friends. They spoke about their future. Chad and Lori were asked about kids. Chad responded that Lori had a daughter who died. Tylee had not been found yet.

12:21 p.m. Blake shows the timeline of text messages between Oct. 18-19, 2019. We now see an image of Tammy and next to her is her casket in the ground. Blake reminds the jurors about the life insurance policy that was changed before Tammy died.

12:20 p.m. Tammy died on a Saturday in Rexburg. The funeral was held in Springville, Utah on Tuesday. “Chad just wanted to get it over with,” Blake says. Chad didn’t want his name on the headstone. Chad’s talk was disturbing at the funeral – he spoke about Tammy’s depression and how she was hard to work with.

12:18 p.m. Nothing in Tammy’s medical records support low blood pressure, seizures, negative reactions with homeopathic medicines – those were statements provided by Chad Daybell, Blake says.

12:16 p.m. Blake walks through the timeline of events the night Tammy died. She shows a map of the Google location history of the homerjmaximus account. Blake reminds jurors that Garth Daybell told his friend at work a conflicting story about finding his mom dead and his dad was nowhere to be found.

12:14 p.m. Blake reminds jurors of when Lori was in Hawaii. Alex drove her to Las Vegas to take her to the airport. Alex was supposed to go with them but Alex didn’t go because Chad needed help with something. Tammy was possessed and her death percentage was low. “Alex believed Chad 100%,” Blake says.

12:13 p.m. Blake plays the 911 call of Chad crying and saying, “Ohhhhh. Ohhhh. She’s frozen.” The message to Lori was sent 24 hours later.

12:12 p.m. Blake shows the text Chad sent to Lori the day after Tammy died. “I’m feeling sad, but it isn’t for the reason everyone thinks!” A photo is on the screen showing the bedroom where Tammy was found dead.

12:10 p.m. “Tammy was scared. Tammy sent a Facebook message warning people. In her email to Mark, Tammy said, ‘The scared part came later when I realized what could have happened. I didn’t want to go out again the next night after dark.’ Tammy had no idea someone wanted her dead,” Blake says.

12:09 p.m. Blake reminds the jury that earlier that day, Alex had purchased items at the store including a ski mask, pants, etc. The gun misfired and Alex searched online about how to shoot an AR in the cold.

12:08 p.m. Blake goes through the timeline of the night of the shooting and Fremont County Deputy Colter Cannon’s report. Cannon wrote that Joseph Murray heard his mother-in-law scream. Joe then called 911. Tammy sent an email to Mark on his mission about the incident.

12:05 p.m. Blake talks about the casting ceremony on Oct. 9, 2019 at 9:15 p.m. when the group of ladies gathered with Lori to cast the evil spirit out of Tammy. That night Lori got a call and was furious. “That idiot can’t do anything right.” This was the same night Tammy was shot at in her driveway.

12:02 p.m. Blake reminds jurors about Alex Cox visiting Sportsman’s Warehouse and the movements of his device on the night Tammy was shot at in the driveway. Blake tells jurors multiple searches were done on the homerjmaximus account concerning AR, shooting through Dodge Dakota, shooting through windshield, etc.

12:01 p.m. Blake shows text messages to the jury from Chad to Lori saying there is “big news about Tammy” and Tammy has been switched.

12 p.m. Later Tammy and Chad visited Samantha’s house with a birthday gift late at night. Chad didn’t get out of the car, which was unusual. Blake shows text messages from Chad to Lori about death percentages and Tammy being “very close.”

11:58 a.m. Samantha Gwilliam, Tammy’s sister, reported Tammy looked just fine when she arrived in Utah. Tammy put on a clogging routine and visited with her family. Samantha and her husband Jason had noticed changes with Chad before this visit. He was distant and Chad was awkward.

11:56 a.m. Blake reminds jury about Tammy Daybell traveling to Utah by herself on Oct. 14, 2019. She didn’t like to drive alone. Chad was supposed to go with her but he backed out. When Tammy went to Utah, Lori told Alex that she and Chad were finally going to be able to go on a real date.

11:55 a.m. Melani Pawlowski turned to Chad for guidance and direction. She turned to him to find out if people were dark or light, Blake says. She reminds the jury about Brandon Boudreaux and him being shot at in Arizona.

11:53 a.m. Chad labeled Lori’s children dark. “Their bodies were buried on his property – hidden from those looking for him. With them gone, he could be with Lori and knowing if the bodies weren’t discovered, Lori could continue to receive that money,” Blake says.

11:52 a.m. Blake shows a picture of JJ in his red pajamas on the screen next to his burial site. “JJ had been buried with his arms duct taped together, the duct tape running around from elbow to elbow. He had duct tape over his mouth, a plastic bag over his head and tape wrapped around,” Blake says. “Chad labeled him dark, Chad said his death percentage was at zero, Chad said his plan was for him and Lori to be together unencumbered by earthly obstacles.”

11:49 a.m. Blake talks about the last time JJ was seen alive the night before he died. She recalls David Warwick’s nightmare and how Melanie Gibb tried to get a hold of Chad or Lori for help but they did not respond.

11:48 a.m. Blake shows the text message Chad sent to Lori about JJ “getting close” and more text messages where Chad said JJ was at zero. “Chad determines the death percentages. When the death percentage hits zero, that person has been marked for death,” Blake says.

11:46 a.m. Tylee was now gone, but JJ was still alive. Zumela visited Lori and asked Lori where Tylee was. “Don’t ask,” Lori’s response. Lori continued to receive Social Security payments following Tylee’s death.

11:45 a.m. Blake reminds the jurors about the condition of Tylee’s remains and her DNA being found on a pickaxe and shovel in Chad’s garage.

11:44 a.m. Blake shows the last known picture of Tylee on the screen. There is a little movement on the pic. “Where was that young lady found? Chad Daybell’s property.” Next to the photo is the site on Chad’s property where Tylee was found.

11:43 a.m. Blake reminds the jurors about the raccoon and limb-debris burning message sent to Tammy on Monday, Sept. 9. “Where was Tylee Ryan’s body found? Chad Daybell’s pet cemetery. Some of the remains in the fire pit.”

11:42 a.m. Blake shows Google location history for Alex and tells them the only time his device was at Lori’s apartment in the early morning hours was on Sept. 9. Hours later, Alex went to Chad’s property.

11:40 a.m. Blake tells jurors about the trip Lori, Alex and kids took to Yellowstone. That same day, Chad was looking up south/southwest winds. It was the last time Tylee was seen alive.

11:38 a.m. Blake reminds jurors about Chad texting Lori concerning turning the pain up to ten on Tylee. Later Lori texts Chad and asks him to “check Tylee” because she was being super sweet.

11:37 a.m. Lori’s connection to Rexburg was Chad Daybell. Before she moved, Lori switched Tylee’s Social Security money to go into an account only associated with Lori Vallow. This change was made on Aug. 16, 2019. Lori and kids moved to Idaho in early September. Before they moved to Rexburg, Chad told Lori that JJ and Tylee were both dark.

11:35 a.m. Blake references the blessing Chad gave to Alex and the fact Alex moved to Rexburg to be with Chad. Blake says Alex was taught that what he did in this life didn’t matter because he had been exalted in another life.

11:34 a.m. Chad tells Lori he wants to be with her – that is his greatest hope and dream. Blake shows a timeline of Tylee Ryan’s Social Security benefits deposit history.

11:32 a.m. Chad tells Lori on Aug. 10, 2019, “We’re so close to the finish line.” Lori texts Alex that they are close to getting to the bottom of what they need to do to eliminate zombies. Chad gave the information.

11:31 a.m. Chad tells Lori some things won’t be altered. “Lori reaches out to Chad. She needs affirmations from him,” Blake says.

11:29 a.m. Blake plays a clip of Lori talking to Chad from jail on June 8, 2020 – the day before the kids were found. Lori wants reassurance from Chad that things will work out. Chad responds by saying there is a marvelous plan and things will work out. Lori asks Chad how he knows. Chad responds, “It’s been shown to me. I’ve seen beautiful eyes, I’ve seen that wonderful body dance to heavenly songs. Your purpose is only beginning. It’s hardly begun.”

11:28 a.m. “Lori manipulates Chad with sex. From the minute he met her, he wanted to be with her and she knew it,” Blake says. A month after Charles died, Lori texted Chad about a perfectly orchestrated plan to take the children. Chad responds, “There is a plan being orchestrated for the children.”

11:26 a.m. “Chad manipulated Lori with power. Lori was frustrated. Her husband’s gone. Chad’s wife is still alive. Chad and Tammy have five children, they have a grandchild, Chad’s life is undisturbed,” Blake says.

11:26 a.m. Blake refers to the text Chad sent Lori about being Harry Potter under the stairs and feeling trapped but “permanent freedom is coming.” Blake talks about Chad and Lori manipulating each other.

11:24 a.m. Blake references the pain tolerance texts Chad sent to Lori about the children. “Do you want me to cause pain yet to these two 3s you’re riding with? …We’ll at least give them a reason to scream.”

11:23 a.m. Seven days after Charles died, Chad texted Lori saying he feels “extreme changes are coming for me…and I welcome them.” Blake shows more texts between Chad and Lori in July.

11:22 a.m. No remorse or grief after Charles died. Blake shows a text from Lori to Chad saying “it was probably Ned before we got rid of him” – referring to Charles changing the life insurance policy. Blake emphasizes the “we.”

11:21 a.m. Blake reminds jury that Chad designated Alex as Lori’s protector. “Alex relished that role. He relished having a purpose. He relished being part of it.” Zulema asked Lori, “If Charles is a zombie, why are you back with him?” Lori responded, “I need to get my finances in order.”

11:19 a.m. Zulema and Alex believed Chad “100 percent.” No signs of grief or remorse from Lori after Charles died. Chad and Lori were in constant contact with each other.

11:18 a.m. Ten days after Charles threatens to go tell Tammy about the affair, Charles is shot and killed. Charles showed up to take JJ to school. “Instead of taking his son to school, he wound up dead. Why? Charles was dark. Charles was a zombie and if someone is a zombie, if someone is dark, the body has to die.”

11:16 a.m. Charles confronted Lori about her affair with Chad around June 29, 2019. Charles says he’s going to email Tammy and he does. Charles also emails Chad about the affair. On July 1, Charles tells Lori he is going to meet with Tammy in person. Lori says, “She won’t talk to you. She’s my friend.” Lori and Chad were in constant communication with burner phones.

11:15 a.m. Chad was sometimes at castings and prayer circles. To find out if a casting was successful, Lori would call Chad. Ned was gone out of Charles after a casting. “Chad taught that if a person was possessed, the body had to die. In order to set that person free, the body had to die.”

11:14 a.m. Common theme: “Chad has the answers, Chad has the knowledge, Chad has that special ability,” Blake says. In early 2019, Charles is deemed dark. “Chad Daybell deemed Charles Vallow dark. He actually said he was possessed by an entity named Ned Schneider.” Chad was Googling Ned Schneider in early 2019.

11:13 a.m. Blake shows the drawings Zulema Pastenes made detailing multiple probations. Zulema made journal entries about Chad’s teachings. The jurors seem engaged with Blake and a couple are writing notes.

11:12 a.m. Blake says through all the communication and evidence there was no indication ever that Chad ever intended to divorce or separate from Tammy but he wants to be married to Lori. “They would advance together as translated beings.”

11:10 a.m. Chad is still married as he’s writing the story for Lori. Blake now shows a slide showing Chad’s writing that James had served in an important position in the Lord’s church and Elena had been his beloved spouse and best friend. “Chad is the one with information. He is the one with knowledge and he shares it with others.”

11:09 a.m. “What is this about? He wants to have sex with her. He had to wait an entire month for him to see her.” Blake talks about two positions Chad and Lori liked. “This was about sex.”

11:07 a.m. Blake reminds the jury that Chad and Lori went by different names. James, Elena, Raphael, Lily. Blake shows part of the James and Elena on the screen. “A long awaited makeout session took place in the lobby…He resisted an impulse to kiss her but his entire body was on fire.” “Loin fire” is used. This was about the first meeting with Lori.

11:06 a.m. “Because they were married in previous lives, they said it was ok,” Blake says. “Chad was the one teaching. He was the one sharing these ideas and these concepts. He was sharing them with Lori too.”

11:05 a.m. Blake says Lori and Chad were both married and their spouses were alive and well. But Chad was Googling Lori. Blake says the jury heard about multiple probations, creations. “It was a way to justify the affair to people around them and maybe to justify the affair to themselves.”

11:04 a.m. We now see photos of JJ, Tylee and Tammy on the screen. Blake says this case was about money, power and sex. Blake describes how Chad and Lori met at a conference – Lori was flirting, she came on to Chad and Chad was receptive.

11:02 a.m. Lindsey Blake begins closing arguments by playing jail phone call between Chad and Lori on June 9, 2020 – the day JJ and Tylee were found. We see an overhead image of Chad Daybell’s property. Chad says on the call, “They are searching the property.” Lori says, “The house right now?” Chad says, “Yeah. I’m at Emma’s.” You can listen to the entire call here.

11 a.m. Boyce on the bench and jurors are in their seats. An easel has been set up in front of the jury box.

10:44 a.m. Boyce calls for a quick recess while the state sets something up for the closing argument. We will be back in 15 minutes.

10:42 a.m. That concludes reading of jury instructions. Lindsey Blake will present closing arguments. Blake asks to approach.

10:40 a.m. Instruction #41 – Arguments and statements of attorneys are not evidence. If you remember facts differently than what attorneys say, go with what you remember. Attitude and conduct at the beginning of deliberations are very important for jurors.

10:39 a.m. Instruction #40 – One of the jurors will be the presiding officer. That person is to make sure discussion is orderly and every juror has a chance to express himself or herself. Verdict must be unanimous.

10:38 a.m. Instruction #39 – exhibits will be in jury room except the pickaxe, shovel and tools. They are being kept elsewhere for safety. Exhibits can be looked at and reviewed.

10:37 a.m. Instruction #38 – court is not expressing any opinion on the facts.

10:34 a.m. Instruction #37 – “In this case, you will return a verdict consisting of a series of questions. Although the questions on the verdict form are self-explanatory, I am required to read them to you.”

Question 1: Is Chad Daybell not guilty or guilty of conspiracy to commit first degree murder of Tylee Ryan and grand theft by deception?
Question 2: Is Chad Daybell not guilty or guilty of first degree murder of Tylee Ryan?
Question 3: Is Chad Daybell not guilty or guilty of conspiracy to commit first degree murder of JJ Vallow and grand theft by deception?
Question 4: Is Chad Daybell not guilty or guilty of first degree murder of JJ Vallow?
Question 5: Is Chad Daybell not guilty or guilty of conspiracy to commit first degree murder of Tammmy Daybell?
Question 6: Is Chad Daybell not guilty or guilty of first degree murder of Tammy Daybell?
Question 7: Is Chad Daybell not guilty or guilty of insurance fraud?
Question 8: Is Chad Daybell not guilty or guilty of grand theft?

10:33 a.m. Instruction #36 – More about the insurance fraud charge and what must be proven.

10:32 a.m. Instruction #35 – What state must prove in order for Daybell to be found guilty of insurance fraud.

10:28 a.m. Instruction #34 – What state must prove in order for defendant to be found guilty of conspiracy to commit first degree murder of Tammy Daybell.

10:27 a.m. Instruction #33 – What state must prove in order for defendant to be found guilty of first degree murder of JJ Vallow.

10:25 a.m. Instruction #32 – Count four of the amended indictment contains clerical error concerning the date of JJ Vallow’s death.

10:23 a.m. Instruction #31 – What the state must prove in order for defendant to be found guilty of conspiracy to commit first degree murder.

10:22 a.m. Instruction #30 – description of aiding and abetting. Participation in the crime must be proved beyond a reasonable doubt.

10:20 a.m. You can read the full amended indictment here.

10:18 a.m. Instruction #29 – what is needed to prove the crimes involving Tylee Ryan.

10:16 a.m. Instruction #24 – To obtain property means to bring about transfer of or possession of the property. Instruction #25 – an owner of property is any person who has a right to possession of the property superior to that of defendant. Instruction #26 – definition of what a “person” is. Instruction #27 – property is anything of value including labor or services. Instruction #28 – defines when a person steals property or commits theft.

10:15 a.m. Instruction #21 – all parties of conspiracy need not enter into agreement at the same time. Instruction #22 – murder is killing of human being with malice or forethought. Instruction #23 – malice may be expressed or implied.

10:13 a.m. Instruction #18 – this instruction deals with accomplices in a crime. Instruction #19 – this talks about willfully or not willfully committing a crime. Instruction #20 – crime of conspiracy involves an agreement involving two or more persons.

10:12 a.m. Instruction #17 – some exhibits were admitted in the trial as demonstrative exhibits. Jurors can review them on request.

10:11 a.m. Instruction #15 – defendant may be found guilty or not guilty on any of the charges. Instruction #16 – Evidence should not be used to prove defendant’s character but should be considered for the limited purpose of proving defendant committed the crime.

10:09 a.m. Boyce reads instruction #13. Jurors must follow all the rules and cannot ignore one or another. Boyce reads instruction #14 – jury is to decide facts from all the evidence presented in the case including sworn testimony, exhibits and facts the parties stipulated. Arguments and statements by lawyers are not evidence.

10:07 a.m. Boyce reads instruction #5 – the state must prove the crimes beyond a reasonable doubt. Boyce reads instruction #6 – defendant has a constitutional right not to be compelled to testify.

10:06 a.m. Instructions 1-12 were previously read to jurors. Boyce won’t read them all but will read a few today. There are 41 total instructions. Boyce reads instruction #3. It talks about the crime of conspiracy and jurors should only consider the evidence against Chad Daybell – not the co-conspirators.

10:05 a.m. Jurors are in their seats. Boyce says he will read jury instructions and then parties will make closing arguments. Each of the jurors have a copy of the instructions. They can follow along and make notes if they wish while Boyce reads but there will be one set of original instructions that cannot be written on.

10:02 a.m. Boyce is on the bench. Jurors are being brought in.

10 a.m. Judge Boyce will read the jury 41 instructions before closing arguments. Last year, that took around an hour. Prosecution took an hour 15 minutes last year for closings, defense took about an hour, and then prosecution did a final closing that was around 20 minutes.

9:58 a.m. Over the past two months, prosecutors called 67 witnesses – six of whom were recalled to testify again. Defense called 11 witnesses. Six rebuttal witnesses were called.

9:53 a.m. I am sitting next to three jurors from Lori Vallow’s trial – Tom Evans, Laura (who I interviewed a few weeks ago) and another lady who served on the jury. They have regularly attended Chad Daybell’s trial since it started on April 10. Jury selection for this trial began Apr. 1 – over 8 weeks ago.

9:52 a.m. Spectators are now seated in the gallery. Idaho Attorney General Raul Labrador is in the courtroom. Many of the officers and deputies who testified are here. Chad Daybell is sitting next to John Prior at defense table. Prosecutors are at their table. Madison Co. Prosecuting Attorney Rob Wood did opening statements – my guess is Fremont Co. Prosecuting Attorney Lindsey Blake does closing arguments.

9:49 a.m. In line outside the courtroom inside the Ada County Courthouse. People without tickets started lining up at 5 am to try to get into closing arguments. Proceedings begin at 10 a.m. Larry and Kay Woodcock just walked by and entered the courtroom. Law enforcement officers from multiple agencies just walked into the courtroom.