Wednesday, April 17, 2024

Chad Daybell Trial: Fremont County Lt. Joe Powell and FBI Tactical Specialist Nicole Heideman take the stand.

 
Continuing Day three of the Chad Daybell trial. 

The next witness was Fremont County Lt. Joe Powell. He had Powell has been at the sheriff’s office for 22 years.

Wixon began the questioning. He asked Powell if it was part of role to become involved with unattended deaths. Powell said yes and explained that an unattended death is a death that there was no witness to. Powell testified that law enforcement wants to look at these deaths to make sure that there was no foul play.

Wixom then asked if on October 19th, 2019, if he was involved in the unattended death of Tammy Daybell. Powell said that he had been notified by detective Mattingly. Wixom asked why he was notified. Powell said that anytime there is an unattended death in Freemont County, the Lieutenant Chief Deputy and the Sheriff. Powell testified that on Oct. 31, 2019, he received a call from law enforcement in Arizona inquiring about Tammy Daybell’s death and asking for a copy of the death report. Powell said he reviewed the report and requested Tammy’s medical records. He then sent the information to Gilbert police.

Powell said he was also asked if he could locate the grey Jeep Wrangler with Texas plates. He said they told him they believed the Jeep was in Fremont County and it was involved in an attempted shooting. Gilbert gave also gave him the names of Alex Cox and Lori Vallow and told him they believed they had ties to Chad Daybell.

Powell said he drove to Chad’s house on Oct. 31, 2019, but the Jeep wasn't there. He said that the next day he got an email asking if he could check some more addresses about the Jeep. One of the addresses was a PO Box in Sugar City, another was Lori’s apartment in Rexburg.

Powell did surveillance on Lori’s apartment. Powel didn't see a Jeep yet, but he saw Chad leave her apartment of Nov. 1, 2019. Powell consulted with Rexburg police.

Powell followed Chad from the apartment to Mountain America Credit Union but lost him after that, so he said he went back to Lori’s apartment. He saw Lori leave and go to the post office box in Sugar City and then to Walgreens and then back to the apartment. Chad and Lori then left the apartment and went to a credit union in Idaho Falls followed by Hobby Lobby and then Cafe Rio. Powell said he saw Lori and Chad holding hands as they walk into Hobby Lobby. Wixom then admitted a photo that was taken into evidence. The photo was then shown in court. Powell said Chad and Lori held hands the entire time they walked in. He said that he went inside with Chief Deputy Gardner. A second photo was admitted into evidence and displayed in court. It showed Chad and Lori eating inside Cafe Rio. After Lori and Chad left Cafe Rio Powell ended his surveillance.

The court took a lunch break.

Court reconvened. Wixom said to Powel that he was telling the court about the reasons that cause him concern to reopen Tammy's death investigation. Powell testified that Chad had told Deputy Greenhall that Tammy didn't have any serious medical conditions, she didn't go to the doctor very often and that the last time she had been to the doctor was two months prior for an arm injury.

Powell said he then called a proscription monitoring program where they ran Tammy's name to see if she was on any controlled substances. He found out that she was on Tramadol. He also then got a search warrant for Walmart pharmacy and found out she was prescribed the anti-depressant Fluoxetine. Powel said that he then got a warrant for Tammy's medical records. Wixom then published an exhibit that showed Tammy's medical records from Teton Medical Group. Powell testified that when dealing with unattended death cases, it’s typical to get medical records.

He said that Tammy’s past medical history was pretty normal other than depression, so he got a warrant for Tammy's exhumation. Powell said he worked with the court in Utah and had Tammy exhumed. He said he attended the exhumation to observe and make sure that nothing was tampered with. Wixom had admitted photos into evidence. The first one showed the backhoe getting ready to dig at the gravesite in Springville. The second photo was the grave being dug. Another photo was of the cement vault being lifted out of the ground and another photo showing the casket under the cement lid. The one after that was the inside of the cement vault. Powel then testified that he hadn't seen any tampering. Another photo was shown which Powell testified that it was of the casket was then loaded into a hearse. He said that the casket was then taken to the Medical Examiner’s Office in Utah with him following behind.

Powel testified that he watched as Tammy's body was removed from the casket. A photo was then shown in court of Tammy's body.

Powell said that then assisted with the search warrant related to Tammy's death of Chad’s home in January 2020. He helped collect electronic devices and take them to the Fremont County Sheriff’s Office. Wixom had no further questions.

Prior began his cross examination. He asked Powell if he was equipped cameras in his vehicle or if he had a body cam. Powell answered no to having cameras. Prior asked him if there were occasions where Powell felt like he needed them like when interviewing witnesses. Prior said that it was important to get the facts right from witnesses so cameras could be helpful. He then said “It’s a tool you use to make sure everybody is playing on the same page.” Powell agreed.

Prior asked about the call Powell received from Gilbert police. Prior explained Powell received information about Alex Cox and Lori Vallow being volved in the potential shooting of Brandon Boudreaux. Prior asked Powell to confirm that as part of his surveillance he was able to establish a relationship between Lori and Chad. Powell said yes. Prior asked if Chad was implicated in that. Powell said no, but he was a known associate of Lori and Alex.

Prior asked what was suspicious about two single people going to a Hobby Lobby or going out to eat. Powell said it was not suspicious.

Prior said he was confused and asked if Powell got the order to dig up Tammy's body just because Chad knew Lori and Alex. Powell replied that it was because of that, and that Chad had said she had no known medical issues.

Prior then showed the Teton Medical record and pointed out that anemia, anxiety and depression were on her record. He then had Powell read that Tammy's mom suffered from cancer and thyroid issues and that the father suffered from depression and heart disease in the medical history.

Prior then showed Tammy's death certificate and asked Powell if he had looked at it. Powell said no.

Prior then said to Powell, "Tammy's Daybell's children were never notified that you were digging their mother out of the ground." Powell answered that they were not.

Prior pointed out that on the death certificate it showed Tammy's cause of death was a cardiac event and pulmonary edema which he had Powell read out loud. Prior then drew attention to Tammy's father having heart disease. Prior said to Powell that he had went in front of a judge to have Tammy dug out of the ground and didn't even look at the death certificate, which Powell agreed to.

Prior then showed another exhibit and asks Powell to read from the screen. The report was of what Chad said happened the morning Tammy died.

"The deceased Tammy Daybell was found by her husband Chad G Daybell. Chad told me Tamara had been sick and had a severe coughing fit at approximately zero hundred hours. During this fit she vomited then she returned to bed, and she said she was fine. Then approximately 540 hours Chad felt the blankets slide off the bed and woke up to see Tamara partially falling off the bed. Chad told her to get up and when she didn't answer he turned on the lights and found that she was deceased. She had partially fallen off the bed her head was touching the floor, and her feet were still on the bed. Chad said she was cold and stiff. He called for his son to help come help Tammara back onto the bed. Chad then called 911."

Prior then asked Powell if he looked at that report before he went to the judge to get the exhumation order. He answered yes. Prior then asked Powell if he had mentioned that Tammy had not been feeling well the night before she died. Powell said no.

Prior then had Powell read another paragraph from the report.

"Chad said Tamara didn't have any serious medical conditions. She was taking fluoxetine for depression but did not have any other prescriptions. Chad said the last time she was at the doctor was approximately two months ago when she had fallen in the driveway and injured her arm. The doctor had given her steroid shots and she was not having further issues and said she had been feeling sick with something like a cold lately and that she would have gone to the doctor today. Chad said she has low blood pressure and faints occasionally. Chad said that she has been going through menopause and also has been having aids and back pain for approximately two weeks and that she was going to visit the chiropractor soon. Chad said she didn't go to the doctor often because she didn't like doctors."

Prior pointed out that the report also said that Tammy used herbal medicines and untraditional treatments instead of going to the doctor when she was sick.

Another paragraph said that Chad talked about the ten bottles of essential oils and natural medicines that Tammy would allegedly take.

Prior then had Powel read another paragraph in the report.

"Most of what was in the cupboard was the central oils and natural remedies and some pain medications."

Prior then asked about bruises on Tammy’s body at time she passed away. Powell said he was aware of bruises but couldn't recall if they were old. Powell then confirmed that the report said that Tammy was taking medicine for bruising and sore muscles.

Prior had Powell then had Powell read another paragraph from the report.

"I was also advised that Chad fold told the corner that sometimes Tamara had minor shaking fits consistent with seizure activity. Tamara's daughter Emma also advised the corner that she takes clogging classes with her mother and her mother has seemed to slow down in her movements in the last couple months. Tamera had also been saying she fell out of her body recently."

Prior said to Powell, “You didn’t take that into consideration when you decided to dig up Tammy Daybell, did you?” Powell says, “No.”

Powell read another sentence.

"I advised the corner of everything I've learned from my investigation, and she agreed that the death was a natural one."

Powell read yet another sentence.

"The coroner determined an autopsy was not necessary unless the family wanted one which they did not."

Powel then read the last sentence. "It was it was determined by the corner that the death was due to probable heart attack due to pulmonary edema."

Prior was done with his questioning.

Wixom had some follow up questions. He asked Powell if, at the time of the exhumation, was he aware the kids were missing. Powell says yes. He then asked Powell if he was aware of Chad and Lori's quick marriage after Tammy's death. He said yes. Powell the testified that Lori and Chad were holding hands at Hobby Lobby 12 days after Tammy died.

Wixom asked Powell who provided the bulk of the information in the report. Powell answered Chad did. He then asked Powell if he found out prior to the exhumation if Chad wanted and autopsy. Powell said that the report said he did not. Wixom wanted to know if that factored into Powell's decision to get an exhumation order. Powell answered yes. He said he took other factors into consideration too, such as all the deaths surrounding Alex and Chad, the attempted murders, that Lori and Chad were together 4-6 hours on Nov. 1, 2019, and that he never saw any children with the couple.

Wixom had no further questions for Powell, but Prior did. Prior asked him if Powell was aware that Chad was not implicated in the murder of Charles Vallow and the attempted murder of Brandon Boudreaux. Powell said he was aware of that. Prior asked because of these other deaths, how does that give Powell the right to dig up Tammy Daybell? Powell said it was because of all the other information. Prior had nothing further.

An afternoon break was taken.


FBI Tactical Specialist Nicole Heideman was up after the break. She had worked for the FBI for 16 years. She became involved in the missing kid case in early 2020. She was brought into the case and focused on phone attribution, which involved determining the primary user of a phone.

Lindsey Blake did the questioning. Blake admitted a PowerPoint presentation prepared by Heideman that showed the phone attribution of Chad, Lori and Alex. 
  • Chad- 9 phone numbers- 3 of interest. 
  • Lori- 6 phone numbers- 3 of interest. 
  • Alex- 6 phone numbers- 3 of interest.
The research was done between October 2018 and January 2020. Blake asked Heideman why that particular time frame was picked. She answered that it was because Lori and Chad started dating in October of 2018.

Blake had Heideman read out the first number attributed with Chad. Underneath the number was a list 9 things that helped identify that it was Chad's number. Heidman read that list out. 
  • The number was subscribed to Tammy Daybell.
  • It was listed as contact number for Chad in a Hawaii rental agreement. 
  • It was saved in Tammy’s phone as Chad.
  • It was associated with Chad’s Gmail account.
  • It was listed on a City Bank application in Chad's name.
  • It was listed on a life insurance claim with Chad's name.
  • It was listed as “Bishop Shumway” in the Lori4Style iCloud account. 
  • It was also saved as contact “Dad” in Seth Daybell’s phone.

Heideman another number along with what attributed it to Chad.
  • It was activated in October in 2018 just after Lori and Chad met and deactivated in January of 2019. 
  • It was saved as Melanie 2 in Lori's Lori4Stlye iCloud account along with Chad's known phone number.

Heideman read the second phone number along with what attributed it to Chad.
  • It was activated the same day the first number expired. 
  • It was saved as contact Janey in the Lori4Style iCloud account.

Heideman read another number and what attributed it to Chad.
  • It was saved as contact “Bubby” in the Lori's lollytime iCloud account. 
  • It was activated after the last number expired.
  • The number called the Valley of the Sun mortuary on July 11, 2019. Chad was recorded making that call. 
  • On Aug. 11, 2019 (Chad’s birthday), Lori sent a text of kisses. 
  • There was a flight confirmation number text to it from Lori that came back in Chad's name.
  • It was saved as Shumway in the Lori4Style account.
Heideman read another number and what attributed it to Chad.
  • The last number was first identified in connection to Alex Cox.
  • It was activated the day that the last phone number was deactivated.
  • On the same day it was activated, Chad conducted a search for Rhode Island area code. The Rhode Island area code is 401. Chad sent a text to Lori that said he was going to call her from a 401 number. The number to this phone started with 401.
  • The contact was saved in the Lori4Style iCloud account as Bishop Miller.
Heideman said that there were a lot of numbers and a lot of aliases associated with people in the investigation.

Heideman read another number out and what attributed it to Chad.
  • The phone sent a text message on December 4th, 2019, to a group chat of the Daybell children that read "Hi, this is dad."
  • It was also saved as contact "Raphael" in Zulema's phone, which was one of Chad's aliases.

Heideman the last number. and what attributed it to Chad.
  • Chad and Lori had aliases "James and Elena". This number was associated with a James and Elaina iCloud account.
  • There was a text from this number to the Daybell kid's group chat that began "Hi, this is Chad."
  • According to Ian Polowski, it was a number used by Chad and Lori.

Heideman then read a number out and what attributed it to Lori.
  • The Chandler Police identified it as being associated with the Lori4style iCloud account.
  • Account ids were Lollytime@icloud and Lori4styles@hotmail
  • The credit card information attached to this phone belonged to Lori.
  • The phone number appeared next to Lori's name on Allegient flight records.
  • Saved as Lori and Lilly in Melanie Boudreaux's phone.
  • Saved as Lori in Zulema's phone.
  • Appeared in Delta flight records alone with KayWalker76@yahoo.com
  • Was also on a Hawaii Wedding quote request submitted by Lori.
Heideman read the next number and what attributed it to Lori.
  • Was in Charle's phone as another number for Lori.
  • Was subscribed to Lori.
  • Was associated with Lollytime@icloud, Lori4Styles@icloud and LollyTimeForever@gmail.
  • Was an Amazon shipping contact for Charles at Lori's Rexburg, Idaho address.
  • Was on an application for a PO box in Sugar City, Idaho.
  • Saved as contact "Lilly and Lolo" In Melani Boudreaux's phone.
  • Was another number on that Wedding request quote.
Heideman read another number and what attributed it to Lori.
  • Provided by Lori to Chandler Police.
  • Subscribed to Premier Financial Services which was Charles and Lori's company.
  • Associated with Lori4Style@icloud
  • Instant message sent to Peter Dickson that read "Hi Peter, this is Lori Vallow."
  • Saved as "LoLo Vallow" in Melanie Boudreaux's phone.
  • Saved as "Lily" in Melanie Boudreaux's phone.
  • Another number on the Hawaii wedding quote.

Heidman read a number and what attributed it to Alex.
  • Contact number that Alex provided to police.
  • Subscribed in Alex's name.
  • Associated with emails accounts HomerJMaximus@Gmail and @Yahoo.
  • Saved as contact Alex Cox at Lollytime@iCloud.
  • Saved as Alex Cox at Lori4StyleiCloud.
  • Listed for a contact number for Alex on Allegient Flight records which also included HomerJMaximus@Yahoo.
Heideman read another number and what attributed it to Alex.
  • Identified through its IMEI to HomerJMaximus Gmail.
  • The account ID was RayMaximus@Gmail.
Heideman read the last number and what attributed it to Alex.
  • Associated with a Samsun Galaxy phone recovered from Alex's apartment.
  • The account ID was RayLamar@gmail.
  • Saved as Contact Spencer's wife in Lori4Style@iCloud
Court then was adjourned for the next day.

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