Questions involving the movement of the remains to Ada County were points of interest for the defense before then ended their cross examination.
Next witness to take the stand was Lieutenant Jared Wilmore. He has worked in law enforcement and for the Madison Country Sheriff's office for over 20 years. He oversees the jail where Lori was housed as well as the Telemate system.
The prosecution asked how the phone and computer systems are accessed and how it is monitored by authorities. Jared was asked if has the ability to edit or change any of the information in the Telemate system and answered no, nor do any other agency.
Jared was asked how he knew the date and time calls came in or were placed. He said that they were time stamped with the date and time they came through the system.
The prosecution then asked Jared if he was ever asked by the state to access some calls and video visits made or received by Lori. Jared replied yes. A thumb drive containing a phone call from June 9th, 2020, between Chad Daybell and Lori was admitted into evidence. Next admitted into evidence was a thumb drive containing a video call between Lori and her sister Summer on June 24th, 2020. Next was another thumb drive containing a video visit between Lori and her son Colby that occurred on August 3rd, 2020.
The prosecution then went back to the call made on June 9th, 2020, by Chad to Lori. Jared said that that was the day the FBI searched Chad's property and found JJ and Tylee's remains. The call was then played for the jury.
Lori Daybell “Hi, babe.”
Chad Daybell “Hello.”
Lori Daybell “Are you okay?”
Chad Daybell “No, they’re searching the property.”
Lori Daybell “The house right now?”
Chad Daybell “Yeah, yeah. [Unintelligible, possibly ‘not the house.’] So Mark Means [Lori Daybell’s attorney] will be talking to you.”
Lori Daybell “Okay. What, are they in the house?”
Chad Daybell “No, they’re out in the property.”
Lori Daybell “Are they seizing stuff again?”
Chad Daybell “They’re searching. There’s a search warrant and so [unintelligible] with the kids.”
Lori Daybell “Okay.”
Chad Daybell “So yeah, saw you’d tried to pull up a, a call. I’m glad you called.”
Lori Daybell “Yeah.”
Chad Daybell “So, we’ll see what transpires.”
Lori Daybell “‘Kay.”
Chad Daybell “[Unintelligible]”
Lori Daybell “What do you want me to do? Pray?”
Chad Daybell “What?”
Lori Daybell “What do you want me to–”
Chad Daybell “No, [talking over Lori] I’m sorry.”
Lori Daybell “[Laughs]”
Chad Daybell “Well, [unintelligible]”
Lori Daybell “Mmmkay. What can I do for you?”
Chad Daybell “I’m [unintelligible] pretty calm. I would call Mark, though. We need, can you just talk with him?”
Lori Daybell “Have you talked to him already?”
Chad Daybell “[Unintelligible, possibly ‘I’ve tried to call him since.’]”
Lori Daybell “So he knows what they’re doing?”
Chad Daybell "Yeah. Looks like I’ve, a call from somebody else who I need to talk to, honey. I love you so much.”
Lori Daybell “Okay. I love you. Should I try to call you later?”
Chad Daybell “Umm, I don’t know. I, I don’t know. Uh, you can try, yeah. I’ll answer if I can.”
Lori Daybell “Okay.”
Chad Daybell “I love you and we’ll talk soon.”
Lori Daybell “Okay, baby, I love you.”
Chad Daybell “Okay. Love you. Goodbye.”
There was no cross examination of Jared, and he was free to go.
Joe testified that he learned of Tammy Daybell’s death on October 19th, 2019. Gilbert police contacted Joe on October 31st, 2019, and asked him if Tammy's death was being investigated. They also said that they had an attempted murder in Arizona. They then requested his assistance in trying to locate a 2018, gray Jeep Wrangler with Texas plates in connection with the shooting.
Joe conducted surveillance of Lori and Chad at a few different locations. Tawnya admitted a photo of Chad and Lori at Cafe Rio on November 1st, 2019, that had been taken by Joe. Next photo that was admitted was another one that Joe had taken of Chad and Lori walking into Hobby Lobby holding hands also on November 1st, 2019.
Tawnya asked Joe if an investigation into Tammy's death was ever conducted. He said yes, because it seemed that she was in pretty good health.
Joe then testified how he helped conduct a search warrant on Alex Cox’s townhome and helped with the exhumation of Tammy’s body. Joe then said how he obtained a search warrant for Tammy’s medical records and in reviewing them he learned that she didn’t go to the doctor much, she seemed to be in good health, that she was being seen for depression and her hand. So then said he also got a warrant for Tammy's prescription medications from Walmart and discovered that she had prescriptions for Fluoxetine (an anti-depressant) and Tramadol (an opioid pain reliever).
Tawnya then asked what facts played into the decision to exhume Tammy's body. Joe said that that Tammy had no signs of high blood pressure or other health issues and the fact her husband was with another lady so soon were contributing factors. Joe said that he was the one that got a court order, and he was present for Tammy's exhumation from the Springville Utah cemetery.
Tawnya admitted a photo showing Tammy’s grave and the backhoe into evidence along with other photos that showed the vault, the gravesite and the casket being loaded into a vehicle to head to the medical examiner’s office. Joe then testified how he had been present during Tammy's autopsy. Photos of Tammy's body then were shown to the jury.
Joe then talked about how he helped serve a search warrant on January 3rd, 2020, to 202 North, 1900 East in Fremont County Idaho., which was Chad's home. He said the FBI gave him evidence that he transported the Fremont County Sheriff's office where detective Bruce Mattingly took possession of those items.
The prosecution had no further questions.
John Thomas began cross-examination of Joe for the defense. He some questions to clarify Joe's law enforcement background. John also asked about the photos taken of Chad and Lori at Cafe Rio and Hobby Lobby. Joe said that was the only time he ever surveilled Chad and Lori and that he followed them from Madison County at the apartment complex to Idaho Falls. Joe was with his Chief Deputy and two detectives from Rexburg Police, and they all took separate vehicles, and the other officers took different photos of Chad and Lori.
Joe then testified that he couldn’t overhear the conversation Lori and Chad were having at Cafe Rio because he was sitting at a table that was too far away.
John then asked Joe if he was involved in the investigation of the paintball shooting incident of Tammy Daybell. Joe said that he was not. He was then asked if he was aware of where Lori's at the time of Tammy's death. Joe answered no. John then asked Joe if it would surprise him to know that Lori was in Hawaii. Joe replied with no. The defense had no further questions and court was dismissed for the day.
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