Day 3 recap:
- Prosecutors questioned detectives about the discovery of the bodies of 7-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan on Daybell’s property.
- Detectives recounted Daybell’s behavior, suggesting that he knew he was caught that day.
- Daybell’s defense argued that his nervousness was natural due to the presence of over two dozen law enforcement officers combing his property.
- The day also delved into the issue of Tammy Daybell’s death, with the prosecution seeking clarification on why her body was exhumed despite her cause of death being ruled as “natural.”
- Detectives stated that she had no “serious medical conditions,” although the defense challenged this assertion by pointing out her family’s history of heart issues.
FBI Tactical Specialist Nicole Heideman was back on the stand with Prosecutor Lindsey Blake continuing the questioning.
Heideman testified that the case of the missing children quickly expanded into the deaths of Tammy Daybell and Charles Vallow, JJ Vallow, Tylee Ryan as well as the attempted shooting of Brandon Boudreaux and Tammy Daybell.
She then testified that in a part of her role in the investigation she was tasked with looking at some Google searching from a Gmail associated with Chad Daybell as well as one for Lori Daybell. Blake then admitted a PowerPoint exhibit on a thumb drive that Heideman had prepared from looking through those searches.
The first slide showed a summer of search activity from chad.daybell@gmail.com beginning Oct. 1, 2018.
- Jan. 28, 2019, a search for Ned Snider 1996 death Louisiana.
- Ned Snider Louisiana.
- Ned Snider Louisiana born 1951 died 1996.
- A search for “bodies possessed after original occupant dies.”
Heideman said in reviewing police body cam footage and police reports she learned Charles Vallow made comments that Lori called him variations of the name Ned Snider/Schneider. She also learned that variations of Ned and Ned Snider/Schneider appear in Lori's iCloud accounts in reference to Charles Vallow.
Heideman then testified that the concept of possession prevalent through the investigation. She said that this was the first time "where we start seeing it where Charles Vallow becomes possessed by an entity named Ned. She said she spoke yesterday about how the suspects as well as the victims in the case have aliases.
Heideman then reads more from the list.
- Jan.31, 2019- Ned Schneider Louisiana obituary 1997.
- March 6, 2019- June 26th star sign. Is Cancer and Leo compatible. May star sign. Is a Taurus and Leo compatible.
Heideman said Lori’s sign was a cancer, Chad’s was a Leo and Tammy's was Taurus.
Heideman another entry from the list.
- May 5, 2019- malachite and eBay malachite jewelry.
Heideman another search from the list.
- June 21, 2019- Hiplos.
She read the next search.
- July 9, 2019 – when you surprise someone with accusations.
She read another one.
- Sept. 8, 2019- ssw wind and what is the definition of ssw direction.
She then read the last search.
- Oct. 8, 2019- Rhode Island area code.
The next slide showed searches from lollytime4ever@gmail.com between March 7, 2019 – Dec. 14, 2019. Heideman read some of those searches to the court.
- May 7, 2019- malachite.
- July 21, 2019- Gerber life insurance policy, life insurance for children and the grow-up plan.
She read more searches.
- July 26, 2019- Phoenix pet services, Craigslist, self-service dog, Little Angel Service Dogs, service dogs for sale and offer up Phoenix.
She read more searches.
- August 25, 2019- Wedding bands made of Malachite.
She read more searches.
- Sept. 20, 2019- Kennedy Elementary Rexburg Idaho phone number and define possessed.
- Sept 24th, 2019- Kennedy Elementary Rexburg Idaho phone number.
She read another search.
- Sept. 30, 2019- How to get the back seat out of my Jeep Wrangler and Jeep Wrangler JK Rear Seat Removal How to DIY- YouTube.
She read another search.
- Oct. 2, 2019, Gilbert Az news.
She read the last searches.
- Oct. 22, 2019 - wedding dresses and wedding dresses in Kauai.
Blake had no further questions.
Prior began cross-examination. He asked Heideman was she aware Chad was not implicated in Charles Vallow’s death or the attempted murder of Brandon Boudreaux. Heideman said that was correct.
Prior said he noticed there was an FBI rep in the court who had been there a number of times. He asked Heideman if that was her supervisor. She said not her direct supervisor and that she had not discussed her testimony in detail with him. Prior then asked her if she has spoken with the FBI agent if she has spoken with him over the last week about the testimony in the case. She said possibly. Heideman said she was not communicating with him in any significant way.
Prior asked Heideman if what the approximate date that she believed JJ Vallow was killed. She answered that JJ's last proof of life was in the late morning in 2019. She said that somewhere between then and Sept. 23. Prior then asked Heideman if she was aware JJ was murdered either in an apartment of Lori Vallow or close proximity. Heideman said she is not sure if "we" know exactly where he was killed. He then asked her if she knew that JJ was being watched by Alex Cox that day. She said partially, yes. Prior then said Lori Vallow, Alex Cox, Melanie Gibb and David Warwick were at Lori's apartment the day that JJ Vallow died. Heideman agreed. Prior said he didn't see any Google searches on Gibb or Warwick and wanted to know why. Heideman said she didn't write the search warrants.
Prior asked Heideman about Chad and Lori being in a romantic relationship. He said that the relationship was happening while at least Tammy was alive. Heideman said that was correct. Prior then asked if some of the Google searches could be explained by the fact that Chad was trying to hide his affair with Lori. Heideman said she was unsure.
Prior showed the slide of the chad.daybell@gmail.com searches. He asked Heideman if "we" know for sure Chad did the searches. She says no that she didn't witness him typing them, but someone with access to his account did. Prior then asked Heideman if she was aware 3-4 other people were living in Chad’s house at the time. She answered that she was not sure what devices the searches were made from.
Prior then asked about the search on March 6, 2019, about Leo and Cancer being compatible. He then asked if it’s possible Lori could have been dropping hints about one day getting married and having a malachite ring. Heideman said ultimately, Lori and Chad purchased malachite wedding bands. Prior asked Heideman if she was aware there were discussions between Alex and Zulema about malachite rings. She couldn't remember.
Prior asked about Ned Snider/Schneider. Heideman answered Chad regularly did searches for different people, but the Ned Snider/Schneider was directly connected to this case. Prior said Chad’s history showed there were a lot of inquiries into a lot of names and topics. Heideman said correct.
Prior asking about the search that said, “When you surprise someone with accusations.” He said that "we" don't know if Chad was the one that did that search. Heideman said that someone with access to Chad’s email account did. Prior asked the same question about the wind search. Heideman reiterated that it was someone with access to his account.
Prior said the day after Chad searched for the wind details, he emailed his wife that he was going to burn some limbs in the backyard.
Prior then asked about the phones and how If you were having an affair, wouldn’t it be logical to buy different phones to hide it from his wife. Heideman said it’s possible, but it was from the same phone.
Prior asked Heideman to look at the lollytime4ever slide. He said that Lori, Tylee and JJ were present around the time that Charles was murdered. Prior asked Heideman if she agreed that it seemed then that at least Tylee and JJ would have knowledge or at least information as it related to the murder of Charles. She said yes. He then said, "So if someone's looking and realizing that their children witnessed the murder of their father by their own brother that's a motive for a number of things." Heideman answered that she supposed. Prior said "we" don’t know what JJ or Tylee saw; the evidence goes both ways. Prior stated that Lori was the one that made the insurance search about the kids, not Chad.
Prior then asked Heideman if Elaina and Hiplos had religious meanings. She answered not necessarily. Prior said that Chad and Lori had strong religious beliefs, but so did Melanie Gibb, David Warwick, Alex Cox and Zulema Pastenes.
Prior then asked Heideman if Elaina and Hiplos had religious meanings. She answered not necessarily. Prior said that Chad and Lori had strong religious beliefs, but so did Melanie Gibb, David Warwick, Alex Cox and Zulema Pastenes.
Prior then read the search that Lori made about taking the back seat out of a Jeep. He then stated to Heideman that Lori did a search about the Jeep, not Chad. He also said that Chad has not been charged in the Brandon Boudreaux shooting. Heideman agreed.
Prior asked Heideman if she was aware Lori was in Hawaii with Audrey Barattiero and Melanie Boudreaux on Oct. 22, 2019. Prior asks Heideman if she was aware the ladies were looking for wedding dresses on that day. Heideman said she was unaware of that.
Prior had no further questions. Blake re-directed.
Blake asked Heideman if she was aware Audrey was married. Heideman said at the time, she was not married. Blake then asked if she was currently involved in the investigations about the attempted shooting of Brandon Boudreaux and the death of Charles Vallow. Heideman said no.
Blake asked Heideman if she was aware who designated Charles as Ned. Heideman replied that Lori was first heard on body cam footage calling Charles Ned, but she didn't know where it originated. Heideman testified that searches Chad did for Ned were done around the same time Lori was calling Charles by that name. Blake asked if Heideman had found any searches in Chad’s email regarding divorce or separation. She said not that she recalled.
Blake asked about the statement that people having affair change their phone numbers. She asked Heideman if people involved in criminal activity also change phone numbers. Heideman said yes. Blake talked about how Chad had called the mortuary from one of the phone numbers on the Power Point. Heideman confirmed that the phone call was on the same day Charles was killed and the mortuary was in Arizona.
Blake asked Heideman if she was aware that Melanie Gibb or David Warwick profited from JJ’s death. Heideman replied no. Blake had no further questions.
Blake asked Duncan if he was working with the Chandler Police on July 11th, 2019, and if he responded to a report of a shooting. He said he did. He said the call came in around 8:36 a.m. and then gave the address of Lori's apartment in Arizona. He said he was not a first responded and arrived 20-30 minutes after the original call.
Duncan said he learned Alex Cox made the 911 call. Alex claimed he shot his brother-in-law Charles Vallow in self-defense. Duncan said that before that incident he had never heard of Alex Cox nor Chad Daybell.
Duncan said he noticed Charles laying on the floor with a baseball bat next to him and a baseball cap. There were two 45 casings that had been collected earlier. There was also a projectile lodged into the baseboard.
Ducan said that when first responders arrived, they pronounced him dead. He said there were reports Alex had done CPR. The fire department had placed pads on his chest to determine whether life-saving measures were needed. Duncan said he noticed a bullet wound in the lower left quadrant of Charles torso. His black t-shirt was cut open and AED pads were put on for medical intervention. Duncan did not notice a lot of blood on the floor surrounding the body which was not consistent with CPR having been performed.
Duncan testified that he and the crime scene techs did not touch the body. He said when the medical examiner arrived, and the AED pad was removed another wound was noticed in the center of Charles’ chest. When the body was rolled, there were two additional wounds on his back consistent with bullet holes. Blake asked if the wounds in the back and front appeared to be linked. Duncan said they try not to immediately determine that, but Alex mentioned Charles had been shot twice so they assumed they were entry and exit wounds.
Duncan said that Alex had told police Charles had struck him in the back of the head with a baseball bat and refused to drop the bath and that is when he had shot him. Duncan said that Alex had told them that he had been standing in the southwest corner of the living room and he and Charles were face to face with each other. Alex said he shot Charles twice in the chest while standing up. Blake asked Duncan if there was any indication from the autopsy report. Duncan said that there was one shot that went upward and one that went downward. He also said that as police were cleaning up the scene, Duncan noticed an indention in the floor that would have been consistent with Charles being shot while lying on the ground. He said with all the information he gathered he came to the conclusion that the first shot Charles was standing up and the second one he was lying on the ground.
Blake asked if any additional blood was located in the home. Duncan said that Alex told them he washed his hands in the sink so there was some blood on the faucet. Duncan testified that the case was investigated as a homicide. He was assigned as the lead agent to the case in June 2020.
Duncan testified that he determined Charles’ phone was the catalyst of an argument that happened between him and Lori the day of the shooting. Shortly after the shooting, Lori left the house with Charles’ phone. She returned the phone to police, and they did an extraction on the device which Duncan reviewed.
Blake admitted a PowerPoint exhibit prepared by Duncan with the information from the extraction.
The court took a morning recess.
After the recess, Blake showed a slide on the screen that said “Charles Vallow’s Cell Phone Extraction Data.” Duncan then read an email purportedly from Charles to Chad inviting him to visit Arizona to help him write a book.
"Hello Chad, I hope you are doing well. This is Charles Vallow from Arizona. We really enjoyed having you stay with us back in November when you came to the preparing a People Conference. I appreciated you taking the time to talk to me about the book I've been working on. Well, more than six months later I still haven't made much progress on it but I feel an urgency to get it done. As the managing partner of right planning group I'm going to have the opportunity to speak at various conventions beginning in the fall but everyone says I need to have a book available that summarized my life and shares the principles I follow. So I will cut to the chase. I'm willing to pay you well to help me get this book into shape as my ghostwriter. I really liked your autobiography and the tone you took in sharing experiences without preaching. Is there any way you could come here for a couple of days and help me get the book underway? I feel talking in person would be much more valuable than a phone call or video chat mainly because I would like you to read through some of my journals and explain to me how the publishing industry works. It would help me know whether I truly have a book in me and whether you want to team up on it. I played minor league baseball and I've had plenty of stories that my audience could relate to along with the knowledge I've gained running my own company. So, I do feel the book would contain valuable information even beyond the convention circuit. I'm out of town until Sunday but I would gladly fly you down here next week before the holiday and cover your expenses. You could stay in our guest room like before or in a hotel if you prefer. I hate to take you away from your family, but I know this book is vital to my speaking success. I understand if you don't want to take part in the project, but I would definitely make it worth your time. With admiration Charles."
Duncan said this was a document that Charles said he found on Lori’s computer and had sent it to Lori and Lori's brother Adam. This was the first letter where Charles suspected Lori was having an affair with Chad. Duncan said that all the indications in Charles’ phone shows this letter was fictitious and not created by him.
Blake asked Duncan if he was aware of other investigations as he was working on Charles’ case. He says he was aware that JJ and Tylee were missing, the attempted shootings of Tammy and of Brandon Boudreaux and Tammy's death. He said that even though he was focused on Charles' case, he watched out for anything pertinent in the other cases and passed the information on.
Blake asked Duncan if Lori had brothers named Alex and Adam. Duncan says she did. He said Adam was never a suspect in this investigation, but Alex was. The next slide showed messages between Charles and Lori that Ducan read aloud.
Charles to Lori on June 29th ,2019.
- 5:51am- Is he with whom you're having an affair? He did not stay with us in Arizona in November. Who are you lying to now? Trying to destroy another family? You're evil. I may take JJ back to Houston unless you have a great explanation for all of this. I will not let him be a party to your apostasy.
- 6:04am- Just so you know I have Tammy, Chad's wife, email address I will send a copy of my email you sent to KK Walker. Tammy will know what you're up to you better explain.
- 6:10 am- I now have Tammy Debel's cell number. I'll text her a copy of the letter and an explanation of what you're up to. You have till noon your time to explain or I'm sending via text.
- 6:55am- I'm sure you're up by now. You have until ten am your time to respond or I send the emails and text to Tammy.
Duncan read more messages from Charles to Lori on June 29th ,2019.
- 12:23 pm- Just so you know, and Chad know I am going to talk to Tammy in person if I have to. I've already emailed and texted her. Your game is up.
- 5:04pm- Please stop spending money on the credit cards I appreciate it.
An email Charles sent Tammy’s work email at 9:05am on June 29, 2019, which Duncan read aloud.
"Tammy my name is Charles Vallow. I have some vital and disturbing information regarding your husband and my wife Lori. This is your work email, so I'll wait to send you the evidence that is very disturbing. You may call or email me from the address where you can receive the information, I apologize to be the one sending this, but something has to be done. I feel it's best if I shed some light on this issue regards Charles Valow 714-853-5005."
Duncan then read another email. This one was from Charle's work email to Tammy's personal email. It was from June 30th, 2019 at 10:16 am. The subject line said, “Your husband and my wife…”
" Are having an affair. Her name is Lori Vallow. I've got definitive proof if you care to see it contact me and I'll share it with you. It's devastating I know but the truth needs to be shown. Charles Vallow."
Again, Duncan was not able to determine whether Tammy ever saw the emails.
Duncan then read an email Charles sent to Chad confronting him about the fake email. The email was from June 29th, 2019, at 9:32 am.
"Chad, I'm Lori's husband but I gathered you already knew this. She sent an email yesterday supposedly written by me to KK Walker inviting you to Arizona next week and to ghost write a book I'm supposedly working on. It's preposterous I happen to run across it as she left her computer at our Houston home. I am not paying anybody for anything and I'm not writing a book. Either you or Lori need to tell me what's going on or this will be exposed for all to see. Regards, Charles Vallow. And does your wife know you have several of Lori's dance videos? Explain that. Explain how that is in any way appropriate. She sent them to you at your request in January. Charles."
Ducan said that through this information they were able to locate the KK Walker account and link it to Lori.
The next slide shown was a text message from Charles to Lori on June 30th, 2019.
- 8:42am- "Lori I know you don't much care how I feel but just imagine this how could my actions breaking your heart result in what you've done? You accuse me of infidelity and it's you who have been having an affair. It just keeps killing me. Maybe that's your goal. How can you live with yourself? Destroying our life Mel and Brandon's probably too now. Add Chad Daybell family and you've got a home run. The fact that you continue to go to the temple after all you've done shocks even me. There really is something wrong with you. I really don't want to do what I have to do but you have to be exposed for what you really are. You won't even deny it or talk to me as to your reasons, that's what's amazing to me. You could allay some of what's about to happen but I don't think you will. Lying has become second nature to you. You have been impressive in blaming me for all that's happened. You have destroyed me. i've never been lower in my life it's you that has done it. Please tell me why please I will slow or minimize what's about to happen. It's you who has caused it. We have a son to raise but that's all we have in common. I will work with you in his best interest and will be there Monday evening. You owe me an apology for all the false accusations you've made. You know I've been entirely faithful to you since the first day we met. I deserve an apology from you. Please respect that much."
The next slide showed more messages found on Charles’ devices. These are text messages between Charles and Lori which Ducan read aloud to the court.
July 1st, 2019, at 10:31 a.m. from Charles to Lori-
"I am going to Idaho first to meet with Tammy Daybell."
Lori to Charles-
"She won't see you; she is my friend. She won't listen, go ahead. You are ridiculous. Are you coming to JJ for the for the fourth or not?"
Charles to Lori on July 1st, 2019, at 10:37 a.m.-
"Then you tell me why you used my name and fictious email to send a BS email about a book i am having him ghostwrite for me. It's fraud and a lie. There is no reason for it other than to get him in Arizona and have an excuse for his wife."
Charles to Lori at 10:38 a.m.-
"You did this. i had nothing to do with it and you know it. Also, he did not stay with us in November. i will find out."
Duncan testified that there was no indication that Tammy and Lori ever communicated let alone friends.
The next slide showed messages between Charles and Adam Cox around 7:30 a.m. the day Charles was shot. The messages show they were both concerned as Alex was at Lori’s house.
Charles- "Al is here."
Adam- "At Lori's? Really? Wonder why he never he never called me back. They are planning something."
Charles- "Absolutely."
Adam- "I was supposed to spend the night at his house last night. She probably blocked that."
Charles- "What you do is up to you."
After this text exchange, communication ceased on Charles’ phone. He was shot and killed right after these messages were sent.
Duncan then testified that he reviewed Lori’s iCloud accounts – lori4style and lollytime. He confirmed that there was a significant amount of information in those accounts. Blake admitted into evidence an exhibit that Duncan put together with evidence from those accounts that caught his attention. The first slide showed messages from between Lori and Alex in March 2019. Duncan read them for the court.
03/09/2019
Lori- "Apparently it is tied to Ned being gone, hopefully today or tomorrow."
03-10-2019
Alex- "Love you too. Have fun and get rid of Ned already."
3-26-2019
Alex- "Ned is still alive, just confirmed."
Lori- "It's not Ned. It's a new one."
Duncan testified that during the first few weeks of the investigation into Charles' death, that Alex had possibly murdered him because he was a dark spirit, or a zombie. Duncan said that he learned that Lori referred to Charles or the spirit in him as Ned or Garret. He said through his investigation, Charles was designated as Garrett and Hiplos. He said the phrase “it’s a new one” referred to a new dark spirit that had entered his body.
Duncan then read messages from Lori and her friend Nicole Earl on 10/19/2019, the day that Tammy died.
9:18 a.m.
Nicole- "I am not sure if you heard, but Chad's wife died last night."
9:33 a.m.
Lori- "Oh my gosh. I am in Hawaii and it's 6 a.m."
9:34 a.m.
Lori- "Do you know what happened?"
9:37 a.m.
Nicole- "Yes. She awoke in the night, coughing, threw up, collapsed and passed away."
Messages between Lori and her friend Melanie Gibb from the same day were displayed and then read by Duncan.
1:16 p.m.
Melanie- "I heard what happened to Chad's wife? Oh my gosh."
1:18p.m.
Lori- "Hello, what?"
The message indicated that Lori was unaware Tammy had passed away, even though she had communicated with Nicole earlier in the day about her death.
Duncan then read text messages from 11/22/2019 between Lori and her son Colby Ryan.
Lori- "I text Ty to send it but i haven't heard back yet. She will probably just do it before she tells me."
Lori- "Hope you got the Venmo, Ty said she sent it late. i'll call you when i get a break. Hope you are having a good day. I love you so much."
Duncan confirmed that the Ty they were talking about Tylee Ryan.
The messages were months after Tylee's last known sighting.
The next slide showed a text from Lori to Alex on July 9, 2019, which Duncan read.
1:49 p.m.
Lori- "So the plot thickens. Call me when you can."
9:50 p.m.
Lori- “Getting sleepy – going to need you to stay close to me the next couple days, Mel too. She can't go to Utah. They are planking some kind of intervention but want Mel out of the way, so I'm left alone. I need to come get the stuff at your house tomorrow and secure it. Lots to do. Thank you for standing by me. It's all coming to a head this week. I will be like Nephi I am told and so will you…”
Duncan said that these messages were two days before Charles' death. He said that it seemed Charles and Adam were planning an intervention based on the radical things Lori was doing and saying. He also said that "Mel" referred to Lori's niece Melanie Boudreaux.
The next slide showed there were messages between Chad and Lori the morning of July 11, 2019, which was the day that Charles was killed. There was no content of what the actual texts were. One was sent at 6:12am, another at 7:01am, another at 7:33am. Duncan said that based on Charles' phone data he arrived at Lori's home around 7:30am. He said that Charles' died somewhere in between 7:30 and when Alex made the 9-1-1 call at 8:30am.
Duncan read the contents of the next slide which was text messages between Lori and Chad on July 18, 2019.
Lori- “I just got a letter from the insurance company that I am not the beneficiary. It’s a spear thru my heart. Who do you think he changed it to? Brandon or Kay? He left nothing for JJ."
Chad- “Wow. That’s terrible. There is no way to find out?”
Lori- "I might be able to see when i get his computer on Sunday. I could check the emails send to the insurance company. I will show changed of beneficiary. He must have done it recently."
Chad- "It seemed like you would have had to agree to the change. Maybe your name was forged? You should have a good paper trail to prove it."
Chad- "I love you. This is terrible but it is probably another step in bringing down the Gadiantons, especially Brandon."
(Gadiantons are robbers in Mormon Theological history. Their leader was Gadianton. It is also a board game where the forces of light are pitted against the forces of darkness.)
Lori- "Nope. He can change it any time he wants. He's the agent and anyone can change the beneficiary at any time with their own signature. I'm thinking it must be Kay."
Chad- "Hmm. It would be interesting if he got it changed after he had two bullets in his chest."
Duncan confirmed that the messages were exchanged 7 days after Charles' death. He then confirmed that the messages indicated that Lori had just found out she wasn't the beneficiary.
On the same day at 12:19 p.m. Lori sent Chad one more message.
Lori- "So, I talked to the insurance company. He changed it in March, so it was probably Ned before we got rid of him. They can't tell me to who of course, but it's done. I will still get the four thousand a month from SS."
Duncan said that SS stood for Social Security. Blake asked him if through his investigation if he found out if Lori was getting Social Security benefits. Duncan said yes, she was.
Duncan read another message. It was from Chad to Lori on July 26th, 2019, at 8:13 p.m.
Chad- "I’m a grown-up version of Harry Potter, who has to live with the Dudley's in his little space under the stairs. Every few weeks I get to escape and have amazing adventures with my Goddess lover, but then I have to return to my place under the stairs, feeling trapped. But I sense permanent freedom is coming!"
Duncan read another message from Chad to Lori on July 30th, 2019.
Chad- "I got the inspiration to go back to my original death percentages that helped us track Charles, Ned, ETC. Tammy is very close. Her percentage has fallen steadily since Hitlos left. It is encouraging."
Duncan then explained that Hiplos was the first evil or dark spirit associated with Charles.
Duncan then read more messages. This time they were between Alex and Lori On September 3rd, 2019, at 10:02 a.m.
Alex- "Network name is anti-laman. pw (password) is 2manykids."
Lori- “Funny!”
Duncan testified that the last known sighting of Tylee was around Sept. 8 and the last known sighting of JJ was around Sept. 22.
Blake asked Duncan if he reviewed content from Zulema Pastenes’ phone. He said he did. Duncan confirmed the content on her phone was “voluminous.” Blake admitted an exhibit showing the content of Zulema’s phone.
Duncan testified that Zulema was a friend of Lori's and that she eventually married Alex.
Duncan then read messages from Lori to Zulema.
May 29, 2019, at 10:32 a.m.
Lori- “Perfect. I found out there are four. One is a level four entity. His name is Hiplos. The H is silent. The other three are level threes. Let's do this.”
June 2nd, 2019, at 11:54 a.m.
Lori- "Yes, it does. Let's put some fire energy towards Hiplos right now. He is driving now and today is the day. I can do it spiritually. Let's go to him and hover over the truck till we do it. Are you ready?"
Duncan then read more messages.
Zulema to Lori on July 2nd, 2019, at 7:52 p.m.
Zulema- "Also, I was given instructions today to rip, tear or burn the aura of Hiplos, to let the body energy out so he can't reenter."
Chad to Zulema on July 2nd, 2019, at 8:35 pm.
Chad- "I am very happy to find out these estates. You and Lolo have doing amazing work. Mother Earth is so grateful to you both. Thank you as well for your help with Hiplos, he is so very close."
Chad to Zulema on July 13th, 2019, at 9:57 a.m.
Chad- "Hi Zulema. Yes, i would be happy to give you a blessing, possibly this evening or tomorrow. It is crazy about Charles', but such a relief."
Duncan testified that he discovered that Lolo is a nickname for Lori. He also said never saw any indication of grief about the loss of Charles in any of the phone messages he observed.
Duncan said that next slide showed an email from the KKWalker account.
Sent April 21st, 2019, at 6:20.
Dear brother Daybell,
Hi this is Karen from A Vow. I contacted you a couple of weeks ago to see if you'd be willing to come speak to our youth here in Houston, Texas. You said you probably could if there was a way to cover your expenses. Since then, i can't shake ethe feeling that you need to come share your story, particularly about Chasing Paradise. We are near the Houston temple and this summer our stake is focusing on family history work. My reason for contacting you again is that we have a stake youth conference planned for all day on Saturday, April 27th. The focus is on the temple and i know you would energize the kids with your stories. We expect about 400 kids to attend including some parents. i know it is extremely short notice but is there any chance you could come? A high councilman is currently the main speaker but he said he would be happy to let you speak instead. My husband and i have been financially blessed and we would pay for your flight. We also have a casita attached to our house where you could stay and not be bothered. Also, my daughter mentioned the young single adults would love to put together a fireside on Sunday evening. I realize your main goal is to sell books and that wouldn't be possible at these events but i know that the interest in your novels would skyrocket here. I'm sorry it's so late. If possible, please let me know as early as possible in the morning so we can include it in the Sunday announcements. Also, we'd want to get your flights booked. If you were able to do both events, we could fly you in on Friday then depart on Monday. Please let me know if this is possible, we would love it.
Karen Walker."
The Kkwalker account was linked to Lori and was sent from the area of Katy, Texas, where Lori was staying at the time. It also had Lori's phone number hooked to it.
Duncan then read Chad's response to that email.
"Hello Karen.
Well, yes i will be able to come, so let the wards know. I can talk to you later about the arranging the flight.
Chad."
Blake then asked if Duncan was contacted about a call that had been placed to a mortuary in Arizona. He said he was contacted by FBI agent Ricky Wright. Duncan said it was the Valley of the Sun Mortuary in Arizona. Blake then admitted and then plated the phone call made from Chad to the mortuary.
Chad- "Um, we just had a death in the family we really don’t want anything but a cremation and then to send the cremains to family in Louisiana. Just a simple, nothing other than cremation and sending for a service in Louisiana. Is there any way to know a ballpark price,”
Operator- "Yes. I am so sorry for your loss."
Chad- "Thank you."
Operator- "Let me try to send you over to the director that can assist you with the case. What is your name?"
Chad- "Chad Daybell."
Operator- "How do you spell the last name please?"
Chad- "D A B E L. Dabel"
Operator: "How are you related to the person who passed?"
Chad- “I’m his nephew.”
Operator- "And this is for the Valley Sun Mortuary in Chandler, correct?"
Chad- "Yes. He lives in Chandler i live in Iowa."
Operator- "Ok, thank you. What is your uncle’s name for reference?"
Chad- “John Dabel. D A B E L.”
Operator- "Did he have middle name?"
Chad- "Myron."
Operator- "M Y R O N?"
Chad- "Yeah."
Operator- "And Chad what is your phone number in case we get disconnected."
Chad- "Yes. This number, 515... i actually don't know my own ahahaha number! Um, let me look real quick."
Operator- "Thank you."
Chad- "Beep!" Chad's number is beep out of the recording that is being played.
Operator- "Thank you. Is he at a at a nursing home, hospital or residence?"
Chad- "Um, he passed away in a hospital. i don't know the details. Hee hee hee."
Operator- "It is good to know because sometimes it is different if it is a residential or hospital or nursing home."
Chad- "Um, i am thinking i have to speak to the medical examiner, i am not sure. I shoulda had more information before i called. i am sorry."
Operator- "That is ok. Cremation plus shipping... To which city?"
Chad- "New Orleans."
The operator then transferred Chad over to the funeral director. The director's name was beeped out when she introduced herself.
Director- "i understand that your uncle passed away."
Chad- "Yes. And i am, um, starting to process for the family. He didn't have many relatives. I am his nephew and i live in Iowa. It is sad to see him go. What the family basically wants is to have him cremated there in Chandler and have his cremains shipped to New Orleans and we will deal with his service later. Heh."
Director- "Ok."
Chad- "Just trying to get a ballpark price."
Director- "Ok. Um, so for cremations um we are able to do our cremations for 1,695 dollars. Now what is going to include is a transportation charge here, to and from our crematorium, our basic professional fees as wells as our crematory fee. Now, there is going to be a couple other charges for you."
Chad- "OK."
Director- "So we are going to have um death certificates. (Then the audio was muffled so i couldn't hear some of the pricing.) And we are able to do that transfer, um through the mail for you. And that is a 150-dollar fee for you."
Chad- "Ok. Is that through UPS or something i guess, heh."
Director- "OK."
Chad- "So i guess that is about 2,000 probably. Kinda a ballpark figure."
Director- "Yeah. Close to, yeah."
Chad- "OK. Well, that helps me a lot. I’m going to call one or two others if we come that direction. Thank you so much."
Director- "You are welcome. Have a nice day and if you need to ask anything again give me a call."
Chad- "OK. Thank you."
Director- "Thank you. Bubye."
Chad- "Bye."
Boyce announced that a motion in liming was filed yesterday by prosecutors. It says John Prior planned to call Rob Wood as a witness and the state was opposed.
The court took a break for lunch.
When court was back in session it was absent the jury, they would not be allowed to listen to the hearing for whether or not Rob Wood can testify in the trial. Blake would argue a motion against having Rob Wood called as a witness by the defense.
Blake said a discovery request was given to prosecutors from the defense. She said she had concerns the defense may make Rob Wood a witness in relation to Melanie Gibb. Blake said they didn't want to get through the case and have it be an issue if Prior plans to call Wood. Blake said if the court had concerns, a hearing could be held to determine whether or not any prospective testimony would be relevant to the case. Blake said a defense attorney can call a prosecutor in a case, but it’s disfavored and should be disclosed well in advance of a trial.
Blake pointed out that it was extremely rare for courts to find that a prosecutor should be a witness. In the cases they found, it involved a prosecutor being a witness to the actual facts or they are a witness to a statement that contradicts a later statement, and they are the only available witness to the statement.
She then asked Boyce to exclude Wood as a witness and if the court has additional concerns, asks that a hearing be held.
Boyce asked Blake if she was seeking a specific court ruling prohibiting certain types of cross examination. Blake responded that if the defense was allowed unfiltered cross should Wood not be allowed as a witness, it could cause problems.
Prior said prosecutors provided him with notice of their motion on Sunday around 11 p.m. Prior said he was concerned the state was suggesting they could dictate where he could go on cross examination. He said, “They’re trying to handcuff me from going to areas they will find a little sensitive to their case.”
Prior claimed he had no desire to put Wood on the stand. Boyce clarified that he did not intend to call Wood. Prior said the state gave him 342 emails and texts between Wood and Melanie Gibb regarding the case.
Prior alleged the state was trying to circumvent Idaho code regarding witnesses and evidence. He said when a prosecuting attorney engages in discussion with a witness over eight months and 340 texts, it could create concerns.
Prior says there is one defense attorney and four prosecuting attorneys. He said he gave them notice three weeks ago of all of his exhibits and they were filing a last-minute hearing to keep the exhibit out. He said they had ample time. He said he didn't appreciate their tactics.
Prior said when Melanie Gibb is called, he is going to question her about the contact she has had with Wood and the nature of those discussions. “I have copy of all the emails, and I can question her.”
Prior said if Gibb remembers her conversations with Wood, he doesn’t need to admit the messages. If she doesn’t, he can admit the messages to refresh her memory. Boyce then reminded Prior that a subpoena for Wood was quashed before the trial began.
Boyce then asked for additional arguments from the state about the exhibit that contains communication between Wood and Gibb. Blake said the state was not trying to stop the defense from conducting appropriate cross examination. She said the concerns are about any attempt from the defense to misconstrue the content of testimony.
Blake said if the proper foundation was laid, witnesses can be asked about the messages. Prior said Idaho code allowed him to ask witnesses about their communication with the prosecuting attorney.
Prior says Gibb was “the witness” in this case and her testimony was crucial in the state trying to prove its case. He said he was allowed to ask her about communication between her and Wood.
Prior that he isn’t planning a scheme to call Wood to the stand. “It sounds a little paranoid to me,” he said.
Boyce explained that some evidence can be excluded if it is inflammatory and it's up to the court to determine relevance to the case. Boyce said he has not gone through the messages between Wood and Gibb and without knowing what is in them, he can’t make a ruling completely eliminating it. He said the whole might or might not be relevant and he can't say until Gibb testifies.
Boyce denied the motion to exclude the exhibit but said he will watch carefully if there is any relevance to the testimony of Gibb. He said attorneys are entitled to talk with witnesses and get ready for trial, not to change their testimony or not tell the truth but help them.
Boyce said the court had already ruled that Wood will not be called and will not unless there were some really surprising developments.
The jury was brought back in and Duncan resumed his presence on the stand.
Blake referenced the call made to the funeral home. She asked Duncan if he recognized the voice on the call. Duncan confirmed it was Chad. Duncan said on the call, Chad said he intended to send the cremains to Louisiana. Duncan testified that Charles was from Louisiana and had family still there. Duncan then testified the even though Chad said in the call that he was in Iowa, there was no indication of that.
Blake referenced a patriarchal blessing that Duncan confirmed was found on Lori’s iCloud. He testified it was an audio recording of a blessing Chad gave Alex. Blake asked Duncan if he knew what religion patriarchal blessings are related to. Duncan said The Church of Jesus Christ of Latter-day Saints. Duncan testified that the stake patriarch is authorized to give a patriarchal blessing. He testified that Chad was not a state patriarch and not authorized to give the blessings.
Blake admitted the recording of the blessing that was given on November 24rh, 2019 into evidence and then it was played.
Chad- "I am Chad Daybell. It is November 24th, 2019, Sunday afternoon, 5:15 p.m. We are going to be giving Alex Lamar Cox a patriarchal blessing."
Lori- "Alexander Lamar Cox."
Chad- "Alexander Lamar Cox, on this special day, i lay my hands upon your head to give you a blessing as a member of the Church of the Firstborn, of which you have earned the privilege of being a member. i do so by the power of Melchizedek priesthood that i hold in the name of Jesus Christ our Savior, who has authorized this blessing, and is grateful you are receiving it as you move forward in your life.
You are a member of the House of Israel as a part of the Twelve Tribes, and you descendant of Joseph through the tribe of Ephriam. This grants you many blessings, particularly of spreading these gospels in the latter days and protecting and preserving those who seek to learn the truth. That has been your mission on this earth, and it will now expand in ways that we will discuss in future blessings.
I want to begin by opening up portals of time, going back to your previous creations on which you lived. i see you on your third creation as a valiant warrior fighting for truth and righteousness, always seeking to do what is right. Then you were selected by the Savior himself to be part of the 4th creation. Great warriors were needed in that creation. Powerful goddesses needed to be protected, and you were selected to help protect your sister. You helped her in numerous probations as a defender. You have a special bond with her, even from the premortal world. You connected there, and as she grew in power, you were always right there beside her with a humble heart. You were both so humble.
After you had been exalted in the fourth creation, you could have gone on to exaltation with Holi as a resurrected being. However, you accepted the Savior's invitation to come to this mortal realm one more time in the 5th creation, to condescend as a God to help us. You have already assisted us in many ways that can never be repaid, but you will continue to do so as you move forward in this life.
You were born into a family that needed you desperately, with a set of parents who spoke of the Gospel with their mouths but did not live it. Once again you were reunited with your sister who needed you to survive such an environment, and in no way is it a reflection of either one of you that lived in that home. You were put there to help each other persevere. The lessons you learned in your youth have made you strong, powerful servants of the Lord. That would have not occurred in the traditional LDS home.
You had to go to great depths to achieve tremendous heights, and the fruits of those trials are beginning to be demonstrated. You were privileged to be a member of the Church of Jesus Christ of Latter-Day Saints, and that was a strength to you. You learned about your Savior and grew close to him, and rekindled in some ways the connections you have always had with him. Throughout adulthood you have refined yourself and i want you to know that the Savior is saying to you at this time, 'Well done. Thy soul is cleansed, and all is well.'
Now you will begin your terrestrial phase of existence. You will be a powerful servant. i bless you with the knowledge that you will now move forward as a true warrior, not only through physical action but through spiritual power that will be bestowed upon you.
I bless you with the knowledge that through marriage you will be united with a partner who will match your powers and compliment your strengths. You will be known throughout the world for your good heartedness and your willingness to save souls. You will travel all over the world through portals and you will began to gather souls that come unto Christ. i see you living in New Jerusalem, but more importantly i see you as a messenger of the Lord outside New Jerusalem, where many people will gather who aren't quite right to enter into those heavenly terrestrial gates.
One of your missions will be to go among the people and testify as a Prophet that they can make it. You will share your own experiences of overcoming adversity and through your example they will rise up. You will give tremendous blessings to them and raise their vibrations and be like a brother to many of these fathers who have doubts. They will look to you as a hero, and you will bring entire families that have been sanctified to the gates of New Jerusalem, where they will be allowed into the city, based on your word. That will be one of the many wonderful experiences you will have.
i see you in other assignments across the world, always serving as a missionary. With your compassion, you will communicate with Mother Earth herself. You will know where to be before natural disasters happen, so that you can be on location to protect key church leaders and to preserve those who should survive. i see you gathering little children in your arms, saving them from flood waters. I see a collage of moments that await you in this life, rescuing the pure and innocent, and leading them to safety in dozens of instances. You will be looked upon as an angel of Earth. You will literally glow to those who are allowed to see your true self, and those mortals who are not allowed to see the glow will still know by the spirit the great power you possess.
After many years of service, as the Second Coming approaches, you will know when it is time to move to the other side of the veil. One day your spirit will leave this body that you served well, and you will be greeted by the Savior himself. You will already know him, but that reunion will take place on a greater plane. The vibration you will feel at the time will exceed all others. After a day or two, you will be raised up and resurrected, so when the Savior does return, you will be right in front of that amazing team of angels who will sweep the Earth much like described in the book 'The Renewed Earth.' It will bring you great joy to help Mother Earth transition to a terrestrial realm and burn away terrestrial refuse.
At that time, you and Holi will still have assignments on earth temporarily, then you will move forward to higher realms. She is already preparing a world for you two, and you will be able to form an eternal family with a eternal posterity on earth. The glory will just continue for you, on and on for eternity.
I bless you at this time with strength, power and domination over the callings you will receive. You are part of a very special team of people that are moving towards translation and transfiguration, and the Lord will be with you all times. You will be a patriarch in your own home, and you will give blessings similar to this one. Your veil will essentially be gone. You will be able to see into the past and future and will share with people great knowledge and truth.
I bless you with protection throughout your mortal life. You now have nine angels assigned to you who watch you from all sides. You have a great mission to fulfill. i bless you with strong protection against Satan and his followers, including Lucifer, Caine and anyone who seeks to oppose you. You will feel a new vitality and strength, and you will use your priesthood to defend against them.
I close this patriarchal blessing assuring you that you will rise to eternal glory, that you will have eternal family, and that your exaltation is assured through your faithfulness. In the name of Jesus Christ, amen."
Blake asked Duncan if he heard the voice of Lori on the recording. He said he did. Blake asked Duncan if The Church of the Firstborn that was mentioned in the blessing was affiliated with the LDS Church. He says they are not. Blake asked Duncan when Alex died. He said that it was in December 2019, not too long after the blessing.
Blake had no further questions for Duncan. Prior then did the cross examination.
Duncan testified that he was born and raised in the LDS faith. Prior asked Duncan about the Doctrine and Covenants and said that the Church of the First Born was discussed in them.
Prior said Zulema talked about light and dark and asked if light and dark were part of the LDS faith. Duncan said that he had no idea. Prior then asked about death percentages and vibrations. Duncan said he has never heard about that in the LDS faith. Prior then asked about removing evil spirits from bodies and if in the LDS faith you can pray to have possessed spirits removed. Duncan said that he hasn't heard that.
Prior brought up the information found on Lori’s iCloud. He said it wasn’t unusual for Chad and Lori to communicate with each other because they were having an affair. Prior asked Duncan if he knew the prosecutor in Maricopa County. Duncan said he knew many prosecutors.
Prior asked about the statement the Arizona prosecutor issued about the decision not to charge Chad Daybell in connection to Charles Vallow’s death. Duncan said he was aware.
Prior asked if it was unusual for a prosecutor to tell witnesses how to testify. Duncan said there is witness preparation in cases and it’s not highly unusual.
Duncan said that in Maricopa County, they submit their recommended charges to the prosecutor. The prosecutor then decides whether to pursue charges or not.
Prior then asked Duncan if he received a copy of the prosecutor’s statement on whether or not to charge Chad Daybell in connection to Charles Vallow’s case. Duncan remembered getting the report. Prior then asked Duncan to review the document. He then asked Duncan the reason the prosecutor did not charge Chad. Duncan replied, “There is no reasonable likelihood of conviction.” He said right now Chad was not being charged but there is no statute of limitations for homicide in Arizona.
Prior stated that the case is unusual because there was a lot of talk about religion. Duncan agreed. Prior then asked Duncan if Chad was reading off something during the blessing. Duncan wasn't sure. Prior asked Duncan if he knew what Chad did for his job. Duncan said he was an author. Prior said it sounded like Chad was writing a book during the blessing.
Prior asked about Melanie Gibb, David Warwick and Zulema Pastenes. Duncan confirmed that they were all members of the LDS faith, and they talked about vibrations, probationary periods, gods and goddesses. Prior asked Duncan if he was aware that in the LDS faith, as you move forward, you become a god or goddess. Duncan was not aware of that. He then testified that he left the LDS faith to practice another religion when he was 18.
Prior asked if it was a crime in Maricopa County to give a blessing. Duncan replied no. Duncan agreed when Prior said that because you give someone a prayer, it doesn’t insinuate they committed a crime.
Prior asked Duncan who Zulema Pastenes was. Duncan said she was married to Alex and was a friend of Lori. Prior asked Duncan if the relationship between Lori and Alex was close. He said yes. Prior said, “Oddly close?” Duncan says he has heard it described as such, but he didn't personally know.
Prior then asked about the day Charles was shot. Duncan testified that through the 9-1-1 call, as well as through a subsequent interview with Alex they learned that there had been some kind of altercation. Duncan confirmed the shooting happened at Lori's house and JJ and Tylee were there that day along with Alex. Duncan said that Alex had told police there was an argument between Charles and Lori over her not wanting to give him his phone. The argument continued and Tylee came out of the bedroom with a bat and Charles grabbed it away from her. Alex said he was hit in the head with the bat and then Lori left the house with Tylee and JJ. Then Alex shot and killed Charles.
Prior asked Duncan if he had found any messages between Chad and Lori that said they should kill Charles. Duncan said, "Not in those words." He testified that two days before the shooting, he uncovered messages between Lori and Melanie Boudreaux. Lori sent a message to Melanie that said she needed five minutes she needed to find out what to do.
Prior then asked Duncan when the call was that Chad made to the funeral home. Duncan testified that it was the night Charles died. Prior said that Lori and Chad were having an affair at the time, and it probably wouldn't be smart to give his real name. Prior asked if the phone call meant Chad was connected to Charles' death. Duncan said no.
Prior asked if Duncan was aware the blessing was two weeks before Alex died. Duncan that sounded about right. Prior says Alex Cox died of natural causes. He said that there was “no funny business.” Duncan replied, “That we know of.” Prior asked Duncan if he was aware that before the blessing, he was seeking treatment for a number of ailments. Duncan said he was not. Prior said that Alex traveled to Mexico for cheap prescription drugs before he died. Duncan said he was aware. Prior had nothing further.
Blake had some follow up questions. She asked if Duncan was involved in investigating Alex’s death. He said he was not. Blake asked Duncan if he was aware of what drugs Alex bought in Mexico. Duncan didn't know. Blake said on Nov. 24, Chad spoke to Alex about crossing over and his time being done. Then on Dec. 12, Alex died.
Blake asked Duncan to revisit the texts between Melanie and Lori where Lori said give me five minutes as she was trying to figure out what to do. Duncan said at the time, Lori was talking to Chad. Blake asked if he thinks Alex killed Charles. He says he did. Blake asked if Duncan believes Alex acted alone. Duncan believes he did not.
Duncan testified that he recommended charges for Chad Daybell in connection to Charles Vallow’s death.
Blake had no further questions. Prior then asked for re-cross.
Prior asked Duncan if he knew everything about Chad, Lori and Alex. Duncan said he did not, that the evidence in this case in voluminous. Prior had nothing further.
The next witness was Social Security Special Agent Mark Saari. Saari has investigated fraud, waste and abuse in the Social Security for 5 years.
Saari testified that in January 2020, the FBI contacted his office to determine the whereabouts of JJ and Tylee and to find out if fraud was involved. Saari said he met with law enforcement and the FBI.
Saari said that Tylee received $1,859 a month in survivor benefits because her father, Joseph Ryan, died in 2018. He said that Lori received the payments because Tylee was a minor. Saari said the Social Security benefits went to a JP Morgan Chase account. Lori was also on the account. Saari says the bank account changed to a BBVA account on or about Aug. 20, 2019.
Wood admitted a notice that had been sent to Lori from the Social Security Administration to notify her of the bank change. The letter was sent on Aug. 27, 2019.
Saari testified that Tylee stopped receiving benefits in January 2020 due to the fact she could not be located.
Saari testified that JJ started receiving $1,951 a month in September 2019 due to the death of his father, Charles. He said Lori was the representative receiving the Social Security benefits due to JJ being a minor. Saari said that the benefits stopped due to his whereabouts being unknown. He stated that Lori received Mother, Child and Care benefits for taking care of JJ following Charles’ death.
Wood asked if people were required to notify the SS Administration if they have a change of circumstances. Saari said yes, if they move, if someone dies, get married, etc.
Wood admitted an exhibit which was a copy of the reporting responsibilities given to Lori Vallow when she began receiving payments for JJ Vallow. He then showed it to the jury. Saara read a line from the exhibit.
"If a beneficiary dies or moves, SS Administration needs to be notified."
Wood then asked if a person such a Lori remarried, would they be required to tell SS Administration? Saari said yes. Saari confirmed that Lori never reported Tylee and JJ died or were missing, that JJ and Tylee moved from Arizona to Rexburg, that she married Chad Daybell and that she moved to Hawaii.
Social Security funds belong to the US Treasury. Wood had no further questions. It was Prior's turn to ask questions.
Prior asked Saari if any of the documents were in regard to Chad. Saari said no. Saari said if Chad was aware that Lori had responsibilities to report it and did not, it could be a problem.
Prior asked when did the SS payments end for Tylee. Saari said in January 2020.
Prior adds up how much Lori had received a month from SS, which was around $5,700-5,800 a month.
Neither Prior nor Wood had any further questions.
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