LIVE UPDATES: Brandon Boudreaux, other witnesses takes the stand on day 1 of Lori Vallow Daybell's conspiracy trial - East Idaho News
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LIVE UPDATES: Brandon Boudreaux, other witnesses takes the stand on day 1 of Lori Vallow Daybell’s conspiracy trial

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Lori Vallow Daybell is on trial in Maricopa County, Arizona, on one charge of conspiracy to commit the murder of Brandon Boudreaux, her former nephew-in-law. Nate Eaton is live in the courtroom with updates. Please excuse any typos. Times listed below are in Mountain Standard Time, so they are an hour behind Idaho. (Arizona does not observe Daylight Saving Time.) The most recent updates are at the top.

4:36 p.m. Lori wants to know who will be called tomorrow as witnesses. Treena says she is working on that and will email it. Lori says she doesn’t get email. Tomorrow the detective will be back on the stand and Brandon Boudreaux will be crossed. She needs to see who she can move from the morning to the afternoon because Lori didn’t cross Brandon today. Lori is annoyed. More tonight.

4:34 p.m. Judge now discussing some proposed medication for Lori. Her advisory attorney mentions Tylenol. Judge issues order that says the jail can send Lori with KOP every day to the courthouse.

4:32 p.m. Lori asks if, while looking for casings, was the search expanded beyond the police tape? Yes, Frerer says. But no other casings were found. Lori says she has more questions. Judge says we will break for the day. Join me tonight on “Courtroom Insider” at 8 p.m. MT on the East Idaho News YouTube channel.

4:30 p.m. Lori asks if the size was bigger than a dime. He says if there are photographs, those would give a better idea. Lori asks about searching the ground for casings or projectiles. She asks where they would go. Frerer says there is no scientific way to know where it would go. Lori asks if a metal detector would pick up a casing. He says it would.

4:30 p.m. Lori asks if he requested testing on the fragments. He says he did not. Lori asks how large the bullet hole was. He says approxmiately 2 inches by 2.5 inches – somewhere in that frame.

4:28 p.m. Lori asks if the fragments remained at the department until now. He says they remain there until the case agent checks them out. Lori asks if the projectiles were tested. “Tested?” he asks.” Lori asks if they were tested to be consistent with a handgun or rifle. He doesn’t believe so. If it were to be tested, they would send the fragments out to a scientist or forensics expert.

4:27 p.m. Lori asks how many photos Frerer took. He doesn’t recall. “A lot?” Lori asks. He isn’t sure. “More than 20? Less than 100?” He says probably. Frerer then stood by and took the projectiles removed from the Tesla. They were placed in evidence bags at the police department.

4:26 p.m. Lori asks what the briefing consisted of. He says he was informed about the crime, what happened at the scene, etc. Lori asks where the victim and his friends were located when he saw them. He says they were outside the crime scene.

4:25 p.m. Lori asks Frerer when he arrived on the scene. He does not remember. She asks who was there. Det. Pillar and Det. McDermott. Frerer arrived with Det. Biggs. Lori asks if Officer Robb was there. He believes she was. Lori asks what she did when he first got there. He says it was several years ago, but normally he would get a briefing. Lori asks who briefed him. He can not recall.

4:24 p.m. There was also a bag of earplugs. “That’s common when you go to the range or even at the Gilbert Police Department, we are issued earplugs just like that.” All the items were impounded. Treena has no further questions.

4:23 p.m. Frerer also found a letter from Chad Daybell to Alex in the truck. He did. There was evidence of gun ownership too – a practice bullet. When you’re loading your gun, it will help you dry fire, Frerer says.

4:20 p.m. Treena moves to admit photos of Alex Cox’s pickup truck. It had a personalized plate. CPQUINT. Frerer remembers the license plate specifically because it was personalized. Inside the truck, the registration was to Alexander Lamar Cox.

4:18 p.m. No fragments were found in the road. McDermott was later asked to execute a search warrant on a Ford F150 owned by Alex Cox.

4:17 p.m. Treena asks if he helped canvas the scene to find residents who might have cameras that captured anything. There were people with cameras but they didn’t catch anything of note. Frerer also helped searching the road for fragments. He did, but says it’s very difficult to look for fragments on the road. They brought in a metal detector to help.

4:15 p.m. Treena shows a photo of the bullet fragment. Frerer says there was copper on it. The fragments were consistent with all the other bullet fragments he has encountered in his career.

4:13 p.m. Frerer says a bullet is very hot when it goes through something. Frerer inspected the vehicle for other possible damage. The shape of the hole showed him it was from a projectile going through the vehicle.

4:11 p.m. Frerer has seen bullet holes in vehicles before. He has processed crime scenes. Frerer examined the Tesla and noticed a defect on the driver’s side above the door/window area. It was consistent with a bullet that would go through metal, he says.

4:10 p.m. Frerer was told a gentleman was coming home to his house and was shot at when he was pulling in. He quickly left the area and called 911, Frerer says. He collected photos, collected evidence and coordinated with the detective. He worked with Det. McDermott and other officers.

4:09 p.m. Frerer began working in the unit in July 2019. He was called to Brandon’s home on the morning of the shooting. When he arrived, the scene was secure. There was yellow police tape and police officers with marked vehicles.

4:06 p.m. Next witness is David Frerer. He is a detective for the Gilbert Police Department and has worked there for 20 years. He is assigned to the violent crime unit.

4:04 p.m. Treena talks about the projection of the bullet. The penetration point on the Tesla was consistent with a bullet entering the vehicle, he says. Treena has no other questions. Judge asks if jurors have questions. There are none.

4:02 p.m. Treena asks McDermott if he interviewed Brandon. He did not. Treena asks if he had a rifle or gun to compare the fragments to. He did not.

4:01 p.m. Treena asks about the garage and why it wasn’t searched. McDermott says there was no evidence that the garage had anything to do with the crime.

3:59 p.m. McDermott says in his 18 years of investigations, this is what a projectile fragment looks like (referring to the image on the screen).

3:57 p.m. Treena Kay shows a photo of the projectile and asks if there is copper on it. There is. She asks if bullets are wrapped in copper. McDermott says some projectiles are wrapped in a copper casing.

3:56 p.m. Treena has follow-up questions. She mentions that Lori brought up that maybe a tire iron could have caused the damage on the Tesla rather than a bullet. McDermott says there was indentation on the vehicle metal frame, there was a scuff mark inside the frame and metal fragments that were all consistent with information about it being a gunshot being fired.

3:55 p.m. Lori has no further questions. I should have mentioned earlier that Nancy Jo Hancock, the woman who went on a date with Charles the night before he was killed, is in the courtroom sitting with Brandon Boudreaux’s family and friends.

3:52 p.m. Lori says “all of the information you’re going on is information provided by Mr. Boudreaux.” He asks her to clarify what she means by “all of the information.” She says where the Tesla was parked, where the Jeep was, etc. She asks if he is a trajectory expert. He says he is not. She asks if someone in the department is. He says he can’t speak for the crime scene techs, he doesn’t know their specific training.

3:51 p.m. Back in the courtroom. Jury and judge are here. Lori continues her questioning. She asks McDermott if he observed the Jeep. He did not. Two other detectives did. Lori asks if he was made aware of Jeep measurements. He was not. Lori asks if he measured the Tesla. McDermott says he doesn’t recall the Tesla being measured.

3:33 p.m. “But it could have been something else?” Lori says. McDermott says no, it was a bullet hole. We are taking a ten minute recess.

3:32 p.m. McDermott again says no additional testing was done. “Why did YOU not request additional testing?” He says nothing additional came up for him to do. Lori asks if he was under the impression that it was an actual bullet hole and those were fragments from a bullet. He says the damage on the vehicle was consistent with the penetration of a firearm. Lori asks if it could have been from any other thing. He says it’s possible. She asks if the car could have been hit it with a tire iron. He repeats that the damage seemed consistent with a bullet from a firearm.

3:29 p.m. Lori continually asks why the bullet fragments were not tested. He says he can’t answer – other than they were not tested. She asks him to describe how the fragments were taken out. He says they took them out. She asks how long it took them. Maybe ten minutes, he says. She asks how he took them out. He says likely with his gloved hand. Lori asks if he used a tool. He doesn’t recall using a tool to take them out.

3:27 p.m. Lori says, “In our modern world, can’t they test things to find out what type of gun it came from?” Treena Kay objects. Judge overrules. McDermott says he doesn’t know.

3:26 p.m. Lori asks if the fragments found in the vehicle were tested to see if they were bullet fragments or part of the Tesla. He said they were not tested and were consistent with fragments.

3:24 p.m. Lori asks McDermott to explain where Brandon drove after the shooting. She asks where he got the information that Brandon had followed the shooter briefly. He doesn’t know specifically where he got that information, just that it was told to him on scene.

3:22 p.m. Lori asks if there was any glass in the garage. He doesn’t recall. Lori asks if police searched the garage. McDermott does not recall. Lori asks if the garage door was open. He doesn’t remember. Lori says there are no reports that anyone searched the garage – is that correct? He says that is correct.

3:21 p.m. Lori asks how many friends of Brandon he recalls seeing at the scene. He recalls seeing them but doesn’t know how many. Lori asks if they were walking back and forth in the driveway. He doesn’t have any recollection of that. Lori asks McDermott if he reviewed the body camera from that day. He does not recall watching it.

3:20 p.m. Lori asks if there was a bullet explosion, wouldn’t there be more than one piece of glass in the street? He says he can’t answer that. She says, “Logically, there would be more than one piece?” Prosecutor objects – says it’s speculation. Judge sustains. Lori asks who else was on scene. McDermott says the names of some other officers.

3:19 p.m. Lori asks if the glass in the street was tested to see if it was from the Tesla. He says it was not. He says it was consistent to the window in the driveway. Lori asks if it could have been from a Coke bottle kicked in the street. He says that’s possible. Lori asks if they used the glass in the street to determine where the Tesla was in the street. He says that was one factor.

3:18 p.m. Lori asks if he recalls Officer Rob saying that she didn’t think it was a gunshot. “She stuck her pen in the hole and said she didn’t think it was a gunshot?” McDermott doesn’t remember. Lori asks if the glass could have been moved by someone’s shoe. He says it’s possible.

3:17 p.m. Lori asks what time he arrived at the scene. He doesn’t recall the exact time. At least two patrol officers were there when he arrived. Lori asks if Officer Rob briefed him. He doesn’t recall exactly, but says that would make the most sense because she was present when he arrived.

3:16 p.m. Lori will now cross. She approaches the podium. She begins: “Sgt. McDermott, correct?” He says yes. She asks how long he has been processing scenes. For about 18 years. Lori asks if he was a scene agent. He says he was one of several detectives that you could classify as scene agents.

3:14 p.m. McDermott was also involved in executing a search warrant on Alex Cox’s phone in December 2019. His pickup truck was present at the residence. It was towed to the Gilbert Police Department where a different detective searched it. Another warrant was issued to remove an electronic infotainment system from the truck. It was meant to determine the location history of the truck. Treena has no further questions.

3:13 p.m. There were some other receipts for a Taco Time and Shell in Idaho Falls from October 2019.

3:12 p.m. The Nissan was registered to Lori Vallow and Aleander Cox. The registration was from September 2019. Inside the vehicle was an American Airlines luggage receipt for Melanie Boudreaux. The flight was from Oct. 26, 2019.

3:09 p.m. Treena Kay moves to admit photos from the search warrant of the Nissan Rogue. Lori objects on relevance. Treena says it’s relevant because the vehicle will be shown on video in Idaho at a storage facility. Judge allows the photos in. We see photos of the Rogue.

3:07 p.m. Colby had been given Lori’s Nissan Rogue. McDermott went to the place where the vehicle exchanged had happened. He also learned that Melanie was married to Ian Pawlowski. Melanie was Lori’s niece. A search warrant was obtained for the Nissan Rogue. It was executed on Dec. 21, 2019.

3:06 p.m. McDermott was notified on Nov. 4 that Lt. Hermosillo in Rexburg had located and impounded the Jeep. On Dec. 21, 2019, McDermott spoke with Colby Ryan. Colby is Lori’s son.

3:04 p.m. McDermott reached out to law enforcement in Idaho to help impound the 2018 Jeep Wrangler. McDermott was advised that Brandon told Pillar he was aware of an incident on July 11, 2019. McDermott learned the Jeep had been at the residence on July 11. McDermott wrote up a probable cause document so Rexburg police could seize the Jeep.

3:02 p.m. Police canvassed the neighborhood to see if there was any video surveillance. McDermott did not find any video. He learned who Lori Vallow was and had a 2018 Jeep Wrangler. He learned that Lori was living in Idaho. He also learned Alex was living in Idaho in October 2019.

3:01 p.m. Treena Kay shows a close-up of the glass piece itself. There was a divet in the window itself and it’s identified with a marker. It was consistent with damage on the vehicle.

2:58 p.m. A metal detector was brought in to try and find other bullet fragments. Nothing else was found. Inside the vehicle, we see additional glass shards on the floorboard.

2:57 p.m. After being briefed on the path of travel that Brandon took following the shooting, police walked the area and the area around the vehicle when it was parked in the driveway. They were looking for projectile fragments.

2:55 p.m. We see a photo of detectives in green gloves pulling the molding apart to try and find bullet fragments. Some fragments were recovered and we see them on the screen.

2:53 p.m. The bullet strike went into the body of the Tesla itself. There was also some damage to the rubber molding. Police moved it around to try and locate any projectiles.

2:52 p.m. Treena Kay asks what trajectory means. McDermott says it’s the direction in which something might travel. He was not able to determine the exact direction of the rifle barrel out of the Jeep or the distance to the Tesla.

2:51 p.m. McDermott says a paintball gun could not cause the type of damage to the car. McDermott had been advised that the Jeep was facing westbound and was told that a rifle came out of the Jeep and fired a single shot at him.

2:49 p.m. McDermott had seen gunshots in vehicles before. We see photos of the Tesla where the bullet hit the car. He points out the damage on the vehicle frame.

2:47 p.m. McDermott says after the shot was fired, he continued West on Phelps Street to the first available street to turn on. He made a right to go northbound. Treena shows the map of the neighborhood.

2:46 p.m. Treena Kay points out shards of glass on the road in front of the house. The glass was similar to the glass found in the vehicle and around the vehicle in Brandon’s driveway.

2:45 p.m. We see images of the scene from different angles.

2:42 p.m. Treena shows many of the photos – the white van parked across the street, the yellow crime scene tape, etc. She asks McDermott to point out where the Jeep would have been parked. He explained where it was.

2:41 p.m. Treena Kay moves to admit multiple photos of the scene. She displays them on the screen.

2:38 p.m. There was a divet/mark in the upper frame of the driver’s door where the bullet had hit, McDermott observed.

2:37 p.m. McDermott observed the window broken on the driveway and there were glass shards inside the vehicle and outside the vehicle. There was also some glass in the road and orange cones were used to mark them.

2:34 p.m. Photos were taken at the scene. Orange cones were used to mark important pieces of evidence.

2:33 p.m. Crime scene tape was up in the neighborhood. Each detective was given different tasks. McDermott was assigned to process the scene. Det. Pillar and Det. Frerer were there.

2:31 p.m. McDermott was a detective with the violent crimes unit in 2019. He had been a detective for about three years. He was called out to the scene in reference to a shooting. Other detectives were also called out.

2:30 p.m. Next witness is Nolan McDermott. He is a sergeant with the Gilbert Police Department. He has worked there for 18 years.

2:28 p.m. Treena has no other questions. Lori is consulting with her advisory attorney. She says she has no questions. Beresky asks if the jurors have questions. They don’t. Witness is excused.

2:27 p.m. He was not able to write down a license plate number. Treena asks if there was a tire on the back of the Jeep. Abbatomarco doesn’t recall. When he returned home from the gym, there were police everywhere and access to his street was restricted.

2:26 p.m. When Abbatomarco left, he looked in his rear view mirror to look at the license plate. He saw the back of the Jeep in the mirror and saw a Texas license plate.

2:24 p.m. Abbatomarco remembers the Jeep was dark. It was parked incorrectly on the street. That stood out to him. He had never seen the Jeep in the neighborhood. When he was backing out and leaving, “it seemed out of place and being concerned it was running, not immediately seeing anybody with that vehicle, I was under the impression nobody was home at the house where it was parked at.”

2:23 p.m. On Oct. 2, Abbatomarco noticed another vehicle by the van. Treena shows another photo of the neighborhood the morning of the shooting. Abbatomarco says a Jeep was parked next to the white van nose-to-nose. “I noticed that it was running, it had tinted windows, I didn’t see anyone and it was right across from the back of my driveway,” he says.

2:21 p.m. Abbatomarco says he normally had to pay attention to a neighbor’s van that was parked on the street. Treena displays a photo on the screen showing the van parked on the street on the day of the shooting.

2:19 p.m. Abbatomarco was not working in October 2019. On the morning of Oct 2. 2019, he left his house to go to the gym for a 9 a.m. appointment. It usually took him 5-10 minutes to get there. He left his house around 8:40 a.m. He was parked in the driveway of his house.

2:18 p.m. Abbatomarco knew what vehicles belonged to his neighbors. Treena Kay shows him a map of the neighborhood and asks him to point out where he lived – a home across the street from where Brandon was staying.

2:17 p.m. He never had any issues in the neighborhood. Abbatomarco says there was a series of residential side streets – it wasn’t a real cut-through type of neighborhood.

2:16 p.m. Next witness is Robert Abbatomarco. He rented a home on the street where Brandon was staying. He says it was a quiet, residential neighborhood.

2:13 p.m. The names of Lori, Alex and Melanie were not on the lease. Collins never told anyone about who was moving into the house besides the realtor. Lori has no questions for the witness. Judge asks jury if they have questions. There are none. Witness is excused.

2:11 p.m. We see the lease agreement. It was set to run Sept. 23, 2019 – Sept. 30, 2019. Brandon listed the names of his kids on the agreement. The lease was signed on Sept. 13.

2:10 p.m. Treena shows a photo of the crime scene and asks Collins to show where her house is. She points it out. Treena admits Brandon’s lease agreement.

2:09 p.m. She had never had any issues or prior disturbances in the neighborhood. No shootings at the home or in the neighborhood. Collins used a realtor to help advertise the property to lease it.

2:08 p.m. Next witness is Elizabeth Collins. She owned the rental property where Brandon was staying. She purchased the home in October 2018 and had it as a long-term rental. Minimum lease length was for one year.

2:06 p.m. We are back in the courtroom. Jury is here. Judge explains that we need to do things out of order. He says the cross-examination of Brandon will happen another time and asks them not to speculate as to why this is happening.

1:47 p.m. Lori says she doesn’t have any of the exhibits she needs for this witness. He says her private investigator has all the files and he is not answering. Lori asks if she can do her cross-examination at a later time. Treena says that is ok. Judge tells Lori if he needs to contact someone to get a hold of her investigator, he will. Treena says her next witness may not be here until 2. Lori asks if we can have a 15 minute recess. Judge says ok. We are in recess.

1:45 p.m. Brandon later learned Lori and Alex had moved to Idaho. Melanie moved from Arizona to Idaho on Oct. 31 or Nov. 1, 2019. She moved next door to Lori in Rexburg. State has no further questions. Judge says we need to take a recess to deal with an issue.

1:44 p.m. Brandon told the police that Lori had lived in Texas. On Oct. 2, Melanie lived in Arizona within a couple miles of Brandon’s house. She, two neighbors and two friends knew Brandon’s address. At the time, Brandon did not know where Lori or Alex were living.

1:43 p.m. Brandon told the police that Alex and Lori had been involved in an incident in July 2019. He thought that incident might have something to do with this. Treena cannot explain what happened in the July incident but is referring to Charles Vallow murder.

1:42 p.m. When asked if Brandon knew of anyone who might try to harm him, he responded Lori Vallow and Alex Cox.

1:40 p.m. Det. Pillar came and interviewed Brandon. They sat in the officer’s car and the interview was recorded. Det. Pillar asked Brandon if he knew of anyone who might want to harm him. Brandon says he was overwhelmed by seeing the bullet hole.

1:39 p.m. Brandon texted his dad and said, “I think someone just tried to kill me.” Brandon appears emotional and when asked by Treena if he was thinking about how close he had come to death, he responds, “Yes.” Police asked Brandon if there was anyone who could come and stay with him. He didn’t have any family but asked if his two business partners could come stay with him. They came and they moved across the street to a cooler spot where they sat under a tree.

1:38 p.m. The first officer on scene was female. Brandon spoke with her and walked her over to his car. She pointed out the bullet hole in the frame. “When you saw that, what happened physically to you?” He responds, “Within a short amount of time, I asked if I could sit down. I was overwhelmed when I realized someone shot at me and was trying to kill me.”

1:37 p.m. Brandon never saw anyone in the Jeep. He did not know who was driving.

1:36 p.m. Brandon says time seems faster to him as things were happening but as he listens to the 911 call, he realizes time wasn’t moving as quickly as it was back then.

1:34 p.m. When Brandon put his car into park, the whole window just fell and crashed onto the driveway. The window tint may have held some of the window together, but there were parts inside his car and on the driveway. Treena asks Brandon why he thought there might be two people. He says he was trying to figure out how someone could fire a gun and then quickly drive away. He was trying to come up with a logical reason as to how they could move so fast.

1:32 p.m. Officers arrived on the scene. 911 call is over. Treena asks about Brandon telling the dispatcher it may be a paintball gun. She asks if he was contemplating that there was no paint on his window. He wasn’t even thinking about paint at the time – he was just wondering why a bullet didn’t go through the window.

1:31 p.m. Dispatcher asks Brandon if he saw the guy. He says no, it was weird because he thought his neighbor might have a visitor from Texas. Brandon did not see a person at all.

1:29 p.m. Dispatcher asks Brandon if he has any weapons on him. He says no.

1:28 p.m. Dispatcher asks where Brandon is at the moment. He’s in his car at his house. Dispatcher says officers are on the way to meet him. Brandon says, “I don’t know that it was a real gun. Maybe it was.”

1:27 p.m. Dispatcher asks Brandon if he knows who the people are. He says he has no idea but they were parked in front of his house.

1:26 p.m. Brandon says there must have been at least two people in the Jeep because someone shot at him and then the Jeep drove away. He says it might not have been a real gun, might have been a paintball gun. It was loud and the window shattered.

1:24 p.m. Treena moves to admit Brandon’s call to 911. She plays it in court. Brandon is out of breath, says someone shot at his window. He describes the green Jeep and says it was Texas plates.

1:22 p.m. Brandon remembers calling 911 and he couldn’t breathe. He says he can’t describe that feeling. Treena asks if he was scared. “Yeah,” he says. He was afraid for his life and was trying to figure out what just happened.

1:21 p.m. Treena admits a photo showing the bullet hole in the frame of the driver’s side of the vehicle. His head would have been right at that level.

1:19 p.m. After the door opened and the window fell, Brandon says the dispatcher told him to stay in his car until the police officer arrived. The first time he saw the outside of his car is when he walked around with the officer. “I remember just thinking that’s really close to where I was sitting. It was inches from my head.”

1:17 p.m. Treena asks what he saw at the end of the rifle. Brandon says it looked like it had something different on the end of it – like a silencer or something.

1:17 p.m. There are two orange cones on the road that show the distance of where the Jeep was parked to the driveway. Treena points them out.

1:14 p.m. Treena moves to admit four exhibits. They are photos of the crime scene on the day of the shooting. We see yellow crime tape. Treena asks where the Jeep was parked. She uses a pen as he describes the spot. It was right at the end of his driveway.

1:12 p.m. Brandon was on with 911 during his drive home. Treena asked how far away Brandon was from the back of the Jeep when he heard the gunshot. He was a few feet – maybe 10-20 feet.

1:10 p.m. Treena continues questioning Brandon. She asks Brandon what he saw as he was parked by the pool. He saw the Jeep continue down a road and turn. That’s the last time he saw the Jeep. Brandon then returned back to his home.

1:08 p.m. Lori also filed a motion during lunch. It was for a change of judge – again. Beresky says it will be referred to the presiding judge (who already denied an earlier motion). He says we will proceed as normal for today. Asks for the jury to be brought in.

1:07 p.m. Lori says she’s been unable to get a hold of her investigator. Lori asks if she can cross-examine Brandon on another day out of order so she can get the information from her investigator. Judge asks if any of the documents she plans on using may have been marked by the state already as exhibits.

1:06 p.m. Beresky says there was some issue during lunch. He granted a motion that she could meet with her advisory counsel during lunch. Lori was only given five minutes to meet with her attorneys during lunch. Judge reminds the officer that Lori is allowed to meet with her team during lunch and accommodations need to be made.

1:03 p.m. Judge says he’s waiting for his clerk. Lori is consulting with her advisory attorneys.

1:02 p.m. Lori just walked in smiling. Courtroom is full this afternoon.

1:01 p.m. We are back in the courtroom. Brandon is on the stand. Lori is not in the courtroom. Judge does not look pleased.

12:01 p.m. Treena has about 30 more minutes of questioning after lunch and will play the 911 call. Judge asks Lori if she’s been able to get in touch with someone. She says her team has emailed him but has not received a response. Unclear who they are talking about.

11:59 a.m. There were only two ways out of the neighborhood. We are now in lunch recess until 1 p.m.

11:56 a.m. Brandon describes how he entered the neighborhood to get to his house. Treena now shows the wider view where the neighborhood pool is. Brandon was on the phone with 911 before he got to the pool. As he was at the pool, Brandon saw the Jeep. Brandon tried to keep an eye on it but eventually lost it.

11:55 a.m. Treena moves to admit two maps of the neighborhood. One is a closer view, the other is further out.

11:53 a.m. There was no paint on his window or the car. Brandon went and parked near a pool in the neighborhood.

11:51 a.m. Brandon did not see a hole through his window, which he says was confusing. He believes he may have been in shock and his first thought was, “I need to call 911.” His phone was flying forward and backward because he was driving away so fast. He says he had a hard time breathing, he was overwhelmed. He remembers feeling a little guilty because there wasn’t a bullet hole in his car and thought maybe he was mistaken. He thought it may have been a paintball gun.

11:50 a.m. The windows on the Jeep. Brandon says it looked like a rifle or a long gun. The muzzle looked “a little awkward” and he thought there might be a silencer on it. Brandon has shot rifles, handguns and shotguns before. His family hunts so he is familiar with different guns.

11:49 a.m. As he let the car coast in, the back window to the Jeep popped up. He saw a muzzle, heard a bang, his window shattered “and I immediately thought someone is shooting at me.” He hit the accelerator and went straight – did not go into the garage.

11:48 a.m. Brandon remembers thinking his neighbor must know someone from Texas and “it was a really crappy parking job.” The Jeep was parked the opposite way of traffic. It was nose-to-nose with a van. The van had been there every day. There weren’t a lot of other vehicles parked on the street.

11:46 a.m. After the gym, Brandon planned to shower and go meet with his business partners. When he turned onto Phelps Street, he made his usual left. There was one house ahead of his. He wasn’t moving super fast – was kind of coasting and waiting for his car to send the signal to the garage door. He noticed a Jeep that was parked “really awkward.” Treena asks why it was awkward. Because it was parked nose-to-nose with a van and the back of it was almost blocking his driveway. It stood out and had a Texas plate. There was no back tire on the Jeep.

11:45 a.m. Treena shows a photo of Brandon’s car parked on the driveway on Oct. 2. The glass window is on the driveway – it fell out when he put the car in park.

11:44 a.m. Treena asks if Brandon’s car had a metal frame that went around the window. He says no, there is no metal top frame on the door itself. The window goes into the car.

11:43 a.m. The Tesla had a feature that would send a signal to your garage door to automatically open when you got within range. Brandon had enabled the feature so when the car was put into park, the driver side door would open.

11:42 a.m. Treena asks about the Tesla. He says when you take the foot off the gas, it slows down very quickly. When you push the gas, it accelerates very quickly. You don’t use the brakes as much. When you take the foot off the gas, it abruptly stops.

11:40 a.m. Brandon went to the gym. He did not tell Melanie where he was going. The gym was a few minutes away. He stayed at the gym for about 60-90 minutes. Brandon was driving a black Tesla four-door model X. Melanie was aware of the car. He had owned it about four years. Brandon drove the Tesla to the park and then to the gym.

11:39 a.m. Treena Kay admits text messages between Brandon and Melani on Oct. 2. “Pulling up,” he sent. She responded, “Be there in a minute.”

11:38 a.m. Elementary kids were dropped off first. Brandon texted Melanie to let him know he was on the way to the park. His daughter got out of the car and went over to Melanie.

11:36 a.m. Brandon says the morning of Oct. 2, he woke each child up. He helped them get dressed, fed them breakfast. Two were in elementary school and another was in a pre-K. He took the kids to school. He met Melanie at a park to drop off the final child for her to take care of.

Brandon Boudreaux

11:35 a.m. Brandon had his kids the weekend before Oct. 2. That was the first day he would not have the kids – they would go back to Melanie’s.

11:33 a.m. Brandon’s parents did not live in Arizona and he had no family in Arizona. His neighbors did not know Lori or Alex. His friends did not know Lori or Alex either. Brandon never posted his address on social media or online.

11:33 a.m. Treena admits a text Melanie sent to Brandon asking for his new address. Brandon responded with address. This was on Sept. 17.

11:31 a.m. Melanie asked Brandon for his address. He didn’t think it was unusual at all. Two neighbors and two friends helped him move – so five total people knew his address.

11:30 a.m. Brandon got a truck to move early so he could be with the kids at his new house. A neighbor and some friends helped him move, but he didn’t tell anyone else. It was a very quick decision.

11:29 a.m. Brandon would get the kids Monday and Tuesday, Melanie would get Wednesday and Thursday and they would rotate weekends. Hand-offs would happen at school and Melanie would keep the youngest while Brandon worked. Melanie did not have a job. Melanie told Brandon she was going out of town on Sept. 26.

11:27 a.m. Brandon moved into the new house in September. Melanie and Brandon would have one bank account and he would transfer money to Melanie. Brandon was getting limited time with his kids and it was hard for him. Melanie said she was going out of town and he could have the kids early if he got his house early. He moved from their bigger home to the rental home so he could have the kids.

11:26 a.m. The house sold in September. Brandon then found a rental house for himself on Phelps Street in Gilbert. Melanie and Brandon agreed to stay within a couple miles of each other.

11:24 a.m. Brandon and Melanie agreed to have joint custody of their kids. They had a home and during their mediation, they agreed to sell it. The house was listed for $1 million, so Brandon agreed to get a rental for Melanie and the kids. Brandon would stay in the house to keep it show-ready before it sold. Melanie moved out mid-July 2019.

11:23 a.m. Brandon says he was very emotional and the mediator helped him. In 2019, Brandon’s kids were 9, 5, 4 and 2.

11:22 a.m. Lori never responded to any of the texts. Melanie would never spend time alone with Brandon. He did not want a divorce. They used a mediator to help settle everything.

11:18 a.m. Treena moves to admit the text messages as evidence. Brandon confirms they are his. The first message is to Charles and Lori about Melanie believing Brandon was working to get Lori’s temple recommend being taken away. Brandon says she is creating problems with their marriage. Brandon later sends another message. “At least have the respect to talk to me to my face. Not whispered behind my back. She believes you and you are lying. This is going to affect my children.” Lori never responds. Brandon texts again: “I will not stop until the truth is known. I didn’t (do) the things you said and because I know I did not I will find a way to prove it.”

11:17 a.m. Treena asks Brandon why he texted Lori Vallow that night. “I hoped she would have integrity – that she would respond and acknowledge I didn’t hack her computer. I was trying to find something to fix the problem.”

11:15 a.m. During the argument with Melanie, Brandon says he was frustrated. He realized that if she didn’t want to go to his grandfather’s funeral, he shouldn’t force her. “It was just really painful…at the end of it, she was asking for a divorce. We had four kids and this was going to change everything for our family.” Treena asks Brandon if he feels Lori was involved in some of the things/ideas Melanie was saying. He says yes. During the argument, he took a break and texted Lori to say this was his family, this was his life. This would change everything.

11:14 a.m. Treena asks if it’s significant if someone’s recommend is removed. Brandon says it would be significant, he would not want to lose his and would reflect he’s not doing a good job in his goals to be like the Savior.

11:12 a.m. Treena asked if Brandon is LDS. He is and he and Melanie were both practicing members. Treena asks what a temple recommend is. Brandon says a temple is sacred and a place where you can be close to God. He says there are standards to be like the Savior to enter the temple and you self-report to a church leader to get a recommend to go.

11:09 a.m. On June 25, 2019, Brandon and Melanie had a long disagreement. Brandon’s grandfather had suddenly died and Melanie did not want to go to the funeral. The argument escalated and Brandon said he was trying to talk with Melanie about their relationship. “She was using different language that was confusing. She kept saying she was going to reveal things about me that didn’t make sense. She accused me of hacking Lori’s computer.” Brandon was confused as he doesn’t know how to hack into computers. Brandon says it was a very long argument. Started in the afternoon and went past midnight. Different allegations kept coming out and Melanie said God revealed to her that Brandon was gay. Charles had previously told Brandon that Lori was trying to convince him that Brandon was gay, which Brandon said was very bizarre.

11:08 a.m. Melanie started to spend more time with Lori from the end of 2018 into 2019. Brandon spoke with Charles about Lori interfering in his marriage with Melanie.

11:07 a.m. Brandon often saw Alex. Treena asks Brandon if he knew Chad Daybell. He did not, but later became aware that Lori married Chad Daybell. Brandon says Melanie’s mother passed away when she was younger and Melanie looked at Lori like a mother figure. “She let her hold a lot of influence in her life.”

11:06 a.m. Brandon and Melanie saw Lori a lot – like every week. They vacationed together, spent holidays together, etc. Brandon was close to Charles. He knew extended family members – including Alex Cox. Alex was Melanie’s uncle.

11:05 a.m. Lori Vallow is Melanie’s aunt. They spent a lot of time together. Treena asks Brandon is Lori is in the courtroom. She is. Brandon says she’s wearing a blue top and glasses and is sitting behind Treena. When Brandon knew Lori, Lori was married to Charles Vallow.

11:04 a.m. Treena asks Brandon if he is married. He is. He was married to his previous wife in 2008. They were married a little over ten years. Melanie and Brandon have four children. Treena asks when they began divorce proceedings. July 2019. Divorce was finalized in middle of Oct. 2019.

11:03 a.m. Brandon Boudreaux is the first witness.

11:01 a.m. Lori says jury can determine what the facts are. She asks jurors to listen closely and decide for themselves if the state’s theory makes logical sense. What benefit would I gain? She asks. She says she loves all people and has no malice toward anyone, not even the prosecutor’s who are wrongfully going after her. Treena objects. Judge sustains. Lori says she is all about spreading love and will continue to do so even after the trial is over. Lori is done.

11 a.m. Lori says if the state does not prove that she commited a crime, then she remains innocent. “In this case you will hear a lot of speculation…During this trial, the state will try to convince you I committed this by using speculation and inuendo.” Lori says there is a power struggle between the state and defendant. Treena objects – says Lori is arguing. Sustained.

10:59 a.m. Lori says Brandon and Det. Pillar were on a first-name basis. “I want you to look closely at the motive behind this.” Lori says she’s the only person being charged with a crime in this case. Treena object and judge explains the jury’s duty to prove beyond a reasonable doubt. Lori asks who is the state? Treena objects for argument, relevance. Judge sustains. Lori says jury is brought in to stand between the state and her. Treena objects. Judge sustains.

10:57 a.m. Lori says she does not have to put on any defense and the state must prove that Lori made an agreement with her brother to murder Brandon. “Right now I am innocent. I remain innocent until the state of Arizona show you enough evidence that I had anything to do with this alleged crime.” Lori wants them to look carefully and see if this is a crime at all. “Did a shooting actually occur? Only Brandon says he did.” Lori says Brandon owned a gun and knew how to shoot his gun. Lori says Brandon and Melanie were going through a divorce. Lori says Brandon was blaming her for his divorce. In the courtroom, Brandon is staring straight ahead at Lori.

10:55 a.m. Lori says she was not in Arizona at the time of the shooting. She says she was close with Alex and he was a comedian who kept the family laughing. He died in December 2019 of natural causes and is not hear to defend himself, Lori says. Treena objects – says Alex is not here to testify. Judge says what is said in opening statements is not evidence. Lori says there are several co-conspirators in this case but she is the only one charged with a crime. “The state has 100% burden to prove to you…” Treena objects. Judge says Lori is arguing but jury will receive instructions on what is proof beyond a reasonable doubt.

10:54 a.m. Lori says Brandon hired a private investigator and had access to the VIN number of the Jeep. She says Brandon was not happy with police so that’s why he hired the investigator. She says he changed the color of the Jeep from a puke green Jeep to camo to gray. Lori says Det. Pillar and Brandon discussed how they could show a financial gain to Melanie if Brandon died in October. Lori says this is what a conspiracy looks like. Lori says Melanie is named as a co-conspirator by the state but has never been charged. Treena motions to strike. Judge explains jurors will receive instruction to ignore it.

10:53 a.m. We are streaming now here.

10:51 a.m. They have a brief discussion at the bench. Lori goes back to the podium. She says Melanie and Lori were very close like a mother and daughter because Melanie’s mother died. She says she was close to Melanie and Brandon’s families. They spent holidays and other events together. Lori went to their wedding and was at the birth of all four of their children. “I was also very close to all four of their children.” Lori says jury will hear Brandon say someone shot a gun at him but he was not hurt and he was not sure what had happened. “Brandon imediately blamed me which begs the question – was I an enemy to Brandon? Hopefully by the end of this trial we will all have the answer to this question.”

10:49 a.m. Lori says the prosecutor and police were not there when the alleged shooting occurred. “Their job is to make up a story and fill in the gaps.” Lori says a conspiracy is when two or more people. Lori talks about Judas conspired to kill Jesus for 30 pieces of silver. Treena objects and says this does not deal with the trial. Judge tells Lori she is arguing. Judge will allow it briefly but may cut her off. Lori talks about Cain conspiring to kill Abel. Lori says jury will find that there was not animosity toward Brandon or herself. She says she had a friendly relationship with Brandon. Treena objects to Lori testifying. Judge asks Lori and Treena to approach the bench.

10:47 a.m. “Here we are at trial. The judicial system can be hard to understand at time,” Lori begins. She says in order for someone to be charged as a crime…Treena objects and says this is argument, not an opening statement. Judge reminds Lori this is not a time to argue. Lori says sometimes the state charges defendant with a crime and she has been charged with a very serious crime. Lori brings up the grand jury. Treena objects and asks jury to strike. Judge tells Lori she cannot mention grand jury and tells juror to ignore it.

10:46 a.m. Treena says they will prove beyond a reasonable doubt that Lori conspired with Alex to kill Brandon. She asks jury to find her guilty. Treena is finished. Her total time was around 25 minutes. Lori approaches the podium.

10:45 a.m. Jurors will see a map of Alex and Lori’s cell phone activity along with the burner phone. The only phone number that burner phone ever called was Chad Daybell, Lori’s soon-to-be husband. That phone tracked to cell towers near Brandon’s home.

10:44 a.m. Treena says jurors will learn about gunshot residue. The Jeep was processed for GSR and it was found on the rear of the Jeep. “This is consistent with the gun being fired from the rear of the Jeep.” Gilbert also connected DNA and got a blood profile from Alex. DNA was collected from steering wheel and other parts of the Jeep that matched Alex.

10:42 a.m. Police asked Brandon if he had any enemies. He told them about Lori and Alex. He said Lori lived in Texas. He told them about the incident on July 11 that involved Lori and Alex (the shooting of Charles). Gilbert learned Lori and Alex were learning in Rexburg. They contacted RPD and on Nov. 1, police went to Pioneer Road and saw Lori, Alex and Chad Daybell. They didn’t see the Jeep. They went back on Nov. 4 and saw the Jeep. Tire was back on it and the rear seat was back in it. They took the Jeep and Nov. 18, Gilbert police went to Idaho to process it.

10:41 a.m. Brandon called 911 and waited for the police to arrive. Jurors will hear the 911 call. Alex was back in Rexburg on Oct. 3. Lori and Alex went back to the storage unit and removed the rear tire and seat. They also Googled, “News in Gilbert” to find out what the police knew.

10:40 a.m. Alex fired one shot but it did not hit Brandon, Treena says. Brandon was driving a Tesla and there was no frame around the window – the window actually goes into the car. The shot hit the frame of the vehicle. There was damage to the window and frame right above Brandon’s head. When Brandon took off, the window remained in the door. He drove away and then eventually circled back around and went into his driveway. When he put the car in park, the door opened and the whole window just shattered.

10:39 a.m. A neighbor saw the Jeep parked the wrong way on the road, noticed it was tinted and running. “He thought it stood out as unusual,” Treena says. The neighbor noticed the license plate. This was around 30 minutes before Brandon arrived home.

10:37 a.m. Melanie knew Brandon had her kids the morning of the shooting. They were going to do a childcare exchange after taking kids to school. After Brandon left the house to drop off the kids, the Idaho burner phone moves to his residence and begins waiting for him. Alex kept the Jeep running as he waited for Bradon to return. “What Melanie didn’t know is that Brandon was going to the gym after dropping the kids off at school.”

10:36 a.m. Treena mentions the storage unit in Rexburg with Lori and Alex putting the rear seat into the storage unit. The jurors will see video of it. You can watch it here:

10:34 a.m. Treena mentions license plate readers caught the Jeep moving from Rexburg to Arizona. The jurors will see photos on the way to Gilbert. The police later recovered the Jeep in Rexburg with a search warrant. They found a receipt on Oct. 1, 2019, from Mesa – the day before the shooting. It was at a Mexican restaurant on Power Road. Alex was Googling an address on Power Road around the time the receipt was printed.

10:33 a.m. An hour before the shooting, Lori had Alex Cox’s phone call her phone to make it look like he was still in Rexburg, Idaho instead of Gilbert. That “fake call” lasted about 24 minutes, Treena says. Both hit the cell phone tower in Rexburg. “More evidence that she was a co-conspirator.”

10:32 a.m. Police searched Lori’s Google account. She searched, “How to get the back seat out of my Jeep.” Treena says they removed the seat so he could better lie in wait to shoot Brandon. It was premeditation, Treena says. On Sept. 30, around 4:30 p.m., Alex Cox’s phone moved from his apartment in the Rexburg complex to Lori’s unit. From then on, for the next few days, it didn’t move. It stayed with Lori. Meanwhile, the burner phone started moving to Arizona.

10:31 a.m. Alex searched for places to practice shooting, window tinting, and angles for trajectory. On Oct. 1, he searched the address where Brandon lived. After the shooting, Alex searched for directions on how to get away on back roads. He searched Moab, Fillmore and eventually Idaho Falls as he made his way back to Rexburg.

10:29 a.m. Lori went to Walmart in Idaho Falls around this time and bought a burner phone. They had other cell phones and Alex’s phone was using Wifi inside the Walmart when the burner phone was purchased. Lori’s phone was utilizing cell towers near the Walmart at the same time. “Lori Vallow and Alex Cox knew he would need a phone when he drove down here.” They bought the burner phone so Alex could be in touch with Lori. “But Alex made a mistake. With burner phones, you can use it to access Google. Alex accessed his Gmail account.”

10:27 a.m. Brandon moved into the rental sooner than he planned because Melanie left town to go to Rexburg from Sept. 26-29. In the weeks leading up to the shooting, Alex put tinting on the windows of the Jeep at a business in Rexburg. He paid $200 to put on the darkest tint possible, Treena says, and she plans to show photos. “This is the first action of this defendant, Lori Vallow, in the conspiracy.” Alex did it to “lie in wait so nobody could see him with the rifle.”

10:26 a.m. Lori drove the Jeep, Alex drove the pickup. As Brandon and Melanie were going through divorce, they put their house up for sale. The house sold and Brandon needed to rent a home. Brandon’s plan was to stay in his own house until it closed and then move into the rental, Treena says. “You will see a text message that Melanie asked Brandon for his new address. They had children in common and he sent her the address.” This was on Sept. 17. “You’ll learn that Melanie was the only person who knew Brandon’s address.”

10:25 a.m. Treena says the jury will learn about an incident on July 11, 2019. Does not mention Charles’ name or the murder, but says police were taking photographs at the scene, including photos of the Jeep. Alex also had a Ford 150. The Jeep and pickup were in Chandler in July. Treena says Alex and Lori then moved to Rexburg to be close to Lori’s soon-to-be-husband Chad Daybell.

10:23 a.m. Treena says Lori loaned her Jeep to her brother so he could kill Brandon. It was Oct. 2, 2019. Treena says in June 2019, Brandon was married to Melanie. Melanie and Lori were close, they both “had it out for Brandon,” Treena says. On June 25, Brandon and Melanie got into an argument when Melanie learned Brandon was trying to get his wife’s temple recommend away. Brandon texted Lori to confront her about lies that he was gay.

10:20 a.m. Treena Kay approaches the podium. “A Jeep Wrangler. A Texas license plate. With a rear tint. It was parked next to Brandon Boudreaux’s driveway.” “When Brandon turned onto his sleep, he immediately noticed this Jeep because it was parked so close to his driveway.” Treena says he saw a Texas plate on the Jeep. He saw the back window open up and a rifle barrel pointed at him and then, “BANG!” His window shattered, Brandon hit the accelerator and took off. He called 911 and told the operator where the Jeep was going. Brandon had no idea that the bullet struck his car a few inches from his head. “In the back of that Jeep was this defendant’s brother Alex Cox, who had been lying in wait with a rifle for Brandon to return home.”

10:18 a.m. Jurors are being brought in. Maricopa County Deputy Prosecuting Attorney Treena Kay will be giving the opening statement. Lori’s paralegal just walked in.

10:17 a.m. Beresky is on a headset, Lori is on a headset, prosecutors are on a headset. Jurors are not yet in the room.

10:14 a.m. Just asks if both sides are ready to proceed. Prosecutor is, Lori asks for a sidebar. White noise is played in the courtoom.

10:13 a.m. Judge Beresky is on the bench. Juror #10 filled out a note, “I want to be excused today. Reason physical. Driving home yesterday I broke out in cold sweats. I did not sleep well. I must remove myself. It is a condition I had back in 2000 that I thought I could manage.” This is the elderly gentleman who is a veteran. Treena Kay and Daybell do not object. He is excused.

10:12 a.m. Treena Kay is at the prosecutor’s table with Det. Ryan Pillar. Lori just walked in wearing a navy blue pantsuit. She said, “Good morning” to her attorneys and sat down.

10:08 a.m. We are in the courtroom. Brandon Boudreaux is here with his wife. Other family and friends are here sitting on the first two rows of one side of the courtroom.

SUBMIT A CORRECTION