On the 10th day of trial, the Freemont County coroner Brenda Dye was first on the stand. She was elected as coroner in 2019. She is also an EMT.
Dye testified that she responds to unattended deaths, determines cause of death and signs off on death certificates. She said that when she responds to an unattended death, she looks for weapons, medications and the health history.
Wixom asked Dye to explain what the term "Lividity" meant. She said that it is the lowest point of the body that the blood pools when somebody is no longer living. She said that it looks like a bruise.
Wixom asked Dye how identifying whether or not there's lividity helps her in her role as a coroner. She said that it helps her know how the body was found and the position of the body at the time of death. It helps her to know if the body was moved.
Wixom then asked her to explain the term "Riga Mortis." She said that it is the stiffening of the body and occurs two to six hours after death and releases after 8 hours of death. She said that it helps determine time of death. Dye said that the temperature can be taken to determine time of death and that the abdomen is the last place that warmth leaves the body. She said that if the abdomen is cold, then the person has been dead for quite some time.
Wixom asked Dye if she remembered responded to Tammy's unattended death. She said yes.
Dye then testified that prior she had never heard of Tammy or Chad, and she didn't know any of the Daybell family.
Dye said that she had received the call early in the morning on October 9th, 2019. She said that she was on a call in the ambulance, so it took her 45 minutes to get to Chad's house. She said that after she got the call, she called her deputy coroner to start the investigation because she only lived 10 minutes away.
She said when she arrived on scene, she noticed Chad was distraught and upset walking around. She said that Garth was with Chad, and he seemed emotionless.
Dye said that after she looked at Tammy's body, she questioned Chad about her past health history.
Dye then described what she noticed when she saw Tammy's body. She said that she saw blood-tinged sputum (pink foam) coming from her mouth. Tammy was wrapped in a blanket.
Dye said that she asked if that was the position she was found, and Chad had told her no, that was hanging off of the bed with her face and head towards the floor on her left side. When Chad discovered Tammy was deceased, he had called for Garth, and they picked her up off of the floor, put her back in bed and covered her with a blanket.
Dye said she looked at Tammy's body to see if there was bruising and any signs of a struggle. She saw rigor mortis had set in. There was lividity on her back and the back of her legs which indicated that Tammy died on her back. Tammy was cold to the touch. Dye said that there was also a kitchen towel to the side of the bed, and it had blood tinge sputum on it. Dye said that Chad told her that he had used that towel to wipe Tammy's face.
Dye testified that Chad said that he felt Tammy's body roll off the bed, and that’s what woke him up. Dye said she asked him how that was possible because she was really cold. Chad had told he that he thought it was because he pulled on the sheets. He had told Dye that Tammy was going through menopause, and she would have hot flashes and she liked to sleep with her feet out of the covers and on the edge of the bed.
Wixom asked Dye if at the time did Chad pulling on the sheets make sense for Tammy to fall out of the bed. Dye said at the time yes, but looking back on it, it does not make sense. She said that it would take a lot of force to roll a body out of bed.
Dye testified that Chad had told her that it was about 12:30am when Tammy had her coughing fit and around 6am when he woke up from her falling out of bed.
Dye testified that it had been her first year in office and she had attended under 10 unattended deaths. She also had no medical training at the time. She said that now she responds to 20 to 50 a year.
Dye said that she initially determined Tammy's cause of death to be pulmonary edema into a cardiac event. She said that pulmonary edema is the back up of fluid, blood in the lungs. Dye said that she helped arrive at the cause of death due to the fact that Chad had told her that Tammy had low blood pressure and seizures.
Dye testified that she had made amendments to Tammy's death certificate. The manner of death was changed to homicide and the cause of death was changed to asphyxiation by suffocation. She explained that she made that change because Tammy's body was exhumed and a medical examiner from Utah autopsied her body.
Dye testified that she attended the autopsy and explained what was found. "As they were dissecting the bruise, there was a very deep bruise on her arm. It didn’t make sense that she had thrown up the night before because she had stomach contents." Dye said that "Her stomach was full of food. If she threw up, there wouldn’t be food in her stomach during the autopsy."
Dye said that all of Tammy's organs were healthy except for the lungs so she couldn't have had seizures. When they dissected the lungs, there was a lot of foam and there shouldn't have been the foam in the lungs after two months.
Dye said that she received a call from the Arizona police who wanted her coroner records because there was a death in Arizona and Chad’s, Alex's and Lori's name were brought up and there was also the attempted murder of Brandon. She said that later JJ and Tylee's names were brought up as well. All of this helped her change the death certificate.
Wixom asked Dye if she had any regrets about her original decision. She said she did. "Had I known that information, I would have ordered an autopsy. At that time, with my limited training and being new, I did the best I could with the training I had at that time."
Wixom was done with his questioning.
Prior was up for the cross. He said that there were no fresh bruises on Tammy anywhere. Dye said yes there was on her arm. Prior said that Dye used the words "old bruises" in her report. Dye said yes.
Prior said that Emma didn’t want an autopsy done because she didn’t want her mother to be treated that way. Dye said yes.
The court took a break. When they were back Prior entered an exhibit which was a body chart. Dye testified that according to the chart Lividity was found on Tammy’s entire body. Also written on the chart was "Blood-tinged foam" and "old bruising". Prior said to Dye "You didn’t put ‘new bruising’ did you?" Dye said no.
Prior admitted a photo of Tammy’s right arm that was described as showing some discoloration. Prior asked Dye if the old bruises that she was talking about were reflected in the two dark colored marks on Tammy's arm. Dye said yes.
Prior asked Dye if she asked Garth about him buying Tammy a Quarter Pounder and French fries. Dye said no. Prior asked her if she saw potatoes in Tammy's stomach. She said no that she did not identify what was in Tammy's stomach only that there were contents in her stomach. Prior said, “We don’t know if Tammy threw up or not before she died right? Other than what Chad told you?” Dye said yes.
Dye confirmed that Prozac, acetaminophen, ibuprofen and vitality extracts were in the kitchen cupboard.
Prior asked Dye if she was told that Tammy would have minor fits consistent with seizures. Dye said yes.
Prior said that Emma talked about how Tammy was taking clogging classes but couldn’t keep up. Dye said yes. Prior said that Chad said that Tammy had fainted in the temple. Dye said yes. Prior said that Dye had made a determination that there was a medical reason as to how Tammy passed away, but it all changed. Dye said yes.
Dye confirmed that she worked with the FBI and helped to get the order to exhume Tammy's body.
Prior asked Dye that at the time they were digging up Tammy, were they looking for something. Dye said suspicious activity and anything that resulted in homicide.
Dye confirmed that Tammy's autopsy was performed in Utah.
Prior had no further questions.
Wixom was back for the re-cross. Dye testified that she had asked about Tammy's medical history, looked for medications and looked for anything that might have been suspicious. She also worked with the detective and instructed her on what pictures to take.
Dye testified that she mostly talked to Chad and Emma on the scene and that Garth would mainly nod to questions. Wixom asked Dye who was the person on scene that gave her the information she was relying on. Dye said Chad.
Wixom asked if there had been a way to verify how long those supplements had been sitting on scene for. Dye said no. Wixom asked if it could have been possible for someone to put those supplements on scene before she arrived. She said yes.
Dye testified the reason why she filed the amended death certificate was because of the results of the autopsy and two dead children, JJ and Tylee, at the residence.
Wixom asked Dye if she had the qualification to tell how old the bruising was. She said that they looked old, but she didn't have the expertise.
Dye testified that Garth had told her that he was sharing his Duloxetine prescription with Tammy.
Kelsie Harris was next to take the stand.
Wixom had no further questions.
The next witness called to the stand was Kelsie Harris. In 2019 Tammy had been a student in her clogging class and Tammy was a librarian at a school that Kelsie also worked at. She said that she would see Tammy every day and that they were friends.
Harris explained that clogging was a fast-paced style of dance, and you wear shoes that were similar to tap shoes.
Harris testified that Tammy came to her class in early August of 2019 until her death in October. She said that the class was every week once a week and it was 60 minutes and Tammy attended every class. Harris couldn't recall any issues with Tammy getting tired or falling behind in class.
Harris said that she went to a high fitness class in St. Anthony, and she stood by Tammy in that class. Harris explained that the class was high-intensity and it consisted of burpees, jumping jacks and explosive movements. She said that the class was held two times a week for 60 minutes. She said that her and Tammy attended the classes in late September of 2019. Harris said that Tammy kept up in class and was did the high intensity moves. She testified that she never noticed anything that would have given her concerns about Tammy's health.
Wixom had no further questions.
Prior was up for the cross. He asked Harris if Tammy had the body of someone extremely fit. Harris said that Tammy was a very fit woman.
Harris confirmed that she saw Emma Daybell in the high-intensity class with Tammy and also in the clogging class she taught.
Prior had no further questions.
Shanna Miller was next up to testify. Miller was a schoolteacher at Central Elementary in Sugar City for over 30 years and worked with Tammy. Miller was on the committee to interview Tammy for a position at the school. Tammy was hired as the computer specialist and librarian.
Miller also attended the high-fitness class with Tammy and Emma twice a week. She said that Tammy started the class in the spring of 2018 and attended until her death. Miller said at first Tammy and Emma could not complete the workouts correctly but over time they did well.
Miller testified that she would see Tammy every day at work, sometimes several times a day.
Miller said, “I would say from the time she started the fitness class, the confidence level and her overall image of herself had improved. It looked like she was in great health to me.”
Miller testified that she was in complete shock when she learned about Tammy's death. Miller said that hours before that, she had seen her at work, and Tammy was happy, healthy and conversing with the kids at work all with a smile.
Wixom had no further questions.
Prior was up for the cross.
Miller believes Tammy Daybell started working at the school in Sugar City in 2018.
Miller said Tammy was attending the high-intensity classes for at least a year and a half because she was getting ready for a 5k.
Miller testified that she believed Tammy was very fit and had the stamina to complete workouts.
Prior had no further questions.
Next up on the stand was Jennifer Geisler. Geisler works at Central Elementary school as a First-grade teacher. She has worked there for 26 years. She worked with Tammy in 2019. She said that Tammy was the librarian, and she would see her every day.
Geisler said that her and Tammy were good friends, and that Tammy was always bubbly and happy. She said that Tammy was a person that you wanted to be around. Geisler was the one who invited Tammy and Emma to a high-fitness class.
Geisler said that Emma and Tammy were always giggling and adding their own moves. Geisler said that Tammy loved the class and kept up. She couldn't recall Tammy taking breaks.
Geisler testified that Friday before Tammy died, she ate lunch with her. She said that Tammy was healthy, happy and talkative. Geisler said that Tammy was sitting by her son Seth just like any normal day.
Geisler said that she was super surprised that Tammy passed away due to her being super healthy.
Wixom had no further questions.
Prior was up for the cross. Geisler said that her and Tammy were good school friends, but she never went to Tammy’s home.
Prior had no further questions.
Wixom was up for the re-cross. Geisler testified that High fit was more intense, and Zumba was a little more "dancey".
Wixom asked Geisler if she witnessed Tammy's eating habits. Geisler said yes, she said that when she'd follow Tammy through the lunch line, she'd make comments that Tammy took all the vegetables. Geisler said that Tammy ate super healthy, and she wish she had ate as healthy as Tammy did.
Wixom had no further questions.
Prior was up again with more questions. Geisler testified that Tammy and Enna did the high fit class and not Zumba.
The court took a recess, when they came back Detective Bruce Mattingly was next to testify. Mattingly has worked for the Freemont County Sheriff's office for 23 years. For the last 7 years he has held the title Detective Sargant.
Mattingly testified that Greenhalgh had called him on October 9th, 2019, about Tammy's unattended death because she couldn't get a hold of the detective that was on call. He then explained that an unattended death was any death whether it is natural, self-inflicted or otherwise accidental that is not being attended to by the physician.
Blake asked Mattingly if before he received the call from Greenhalgh, had he heard of Tammy or Chad. He said no.
Mattingly said that he had asked Greenhalgh to describe the scene to him and the state of Tammy and who found her and who else was on scene. Blake asked Mattingly if at the time had Greenhalgh reported anything suspicious to him. He said no. Mattingly testified that he told Greenhalgh, "To take a shit ton of photos." He said that he also told her to talk with the coroner when they got there and find out if there was going to be an autopsy and if blood needed to be collected.
Blake asked Mattingly if at the time did Greenhalgh mention the pink foam or sputum coming out of Tammy's mouth. Mattingly said that no she did not. Mattingly testified that he has attended 80 or more unattended deaths. He said that he had never seen sputum at any unattended death. Mattingly testified that he would have responded if he'd known that sputum was involved.
Mattingly testified that he had called Lt. Powell and gave him an update as to the call that Greenhalgh was on.
Mattingly testified that detective Kakumanu was the detective on call.
Mattingly confirmed that at the time there was not an investigation into Tammy's death.
Blake asked Mattingly when an investigation into Tammy's death occurred. He said in late 2019. Mattingly testified that he learned that Rexburg Police Department and FBI were looking for JJ and Tylee and in Arizona, they were investigating the attempted shooting of Brandon and Charles' death. Mattingly testified that in addition to Tammy and Chad, he never heard of JJ, Tylee, Charle, Alex or Lori at the time of Tammy's death.
Blake asked Mattingly if during the investigation had he looked into Tammy's health. He said he did, he said that he looked at her medical records. She asked if there was any indication of health issues. Mattingly said that there were general health issues. He said that Tammy had been prescribed medication for wrist pain and medication for managing depression.
Blake asked Mattingly if he was able to review statements made by Chad to the coroner about Tammy's health. Mattingly said yes, Chad reported that Tammy as being dizzy, fainting and slowing down. Blake asked Mattingly if when he looked at Tammy's medical records, did he see any reference to Tammy being dizzy or having seizures. low blood pressure or any explanation for any slowed down activity. He said he did not.
Blake asked Mattingly if he was able to review Greenhalgh's reports. He said yes. Blake asked him if there was any indication in the reports that Garth had concerns about Tammy's health. Mattingly said no. Blake asked if Chad had reported any anemia or had been concerned because of history of heart conditions in the family. Mattingly said none. Mattingly testified that Emma had reported that Tammy had slowed down in one of their fitness classes. Blake asked Mattingly if he ever got to talk to Emma. He said he did not and that he reached out to her several times, but she wouldn't talk to him.
Blake asked Mattingly if through his investigation had he learned if Tammy had an life insurance policy. He said yes, he learned that Tammy had two life insurance policies.
Blake a displayed a life insurance policy that was filled out by Chad Daybell. He signed it on October 30th, 2019. He had written that Tammy became impaired on October 18, the before she died. He also had written that Tammy didn't have a physician.
Blake asked Mattingly if what Chad wrote on the policy matched the statements that he had given to law enforcement. Mattingly said no.
Mattingly testified that he got a search warrant for Fitbit. At the crime scene Tammy had a fit bit on a table on her side of the bed and well as on her wrist in Facebook photos. Mattingly said that he looked for heart rate, sleep patterns, and her activity.
Blake admitted and then displayed the Fitbit information.
Mattingly testified that they confirmed that the Fitbit information they recovered was indeed Tammy. The account had her email, birthday and family members added to it. He said that the last sync date was the day after Tammy died. Mattingly confirmed that the Fitbit was never found.
Mattingly testified that they weren't able to get Tammy's heart rate information from her Fitbit account. He also said that the sleep data was very sparse leading him to believe that Tammy didn't wear her Fitbit when she slept. Mattingly testified that they were provided Tammy's step counts from day to day and year to year. Mattingly testified that from January until Tammy's death, she was doing the 10,000 steps a day and was above average. He testified that there was nothing to show that she severely slowed down. He confirmed that the month that Tammy died, she was on track to be above average.
Blake asked Mattingly if he had interviewed Tammy's family and friends. He said yes. Blake asked if any of the information he gathered in the interviews supported what Chad had said about Tammy's health. Blake asked Mattingly what he had learned about Tammy's health through the interviews. Mattingly said that he found out that Tammy was very active and had been described as a "go getter" and that there was no indication that she was slowing down, had seizures, fainting spells or low blood pressure.
Blake admitted and then displayed the second life insurance policy.
Mattingly testified that Tammy's Primerica life insurance there was $300,000 and on her LifeMap there was $130,000. He said that he learned that they both had been paid out to Chad.
Blake had no further questions.
Prior was up for the cross. He asked Mattingly what were the times that he tried to talk Emma. Mattingly said he didn't know. He testified that he was never assigned to talk to Garth and so he didn't. Mattingly testified that he had tried to talk to Joe Murray, Emma's husband, but he refused to talk too.
Prior asked Mattingly if in reviewing Tammy's medical records if he saw that she suffered from anemia. Mattingly said that was listed as past issue.
Prior told Mattingly "We don't know who wore the Fitbit." Mattingly agreed. Prior stated that Tammy had a Fitbit competition with her family. Mattingly testified that he learned that Tammy was a competitive person.
Prior had no further questions.
Blake was up for the re-cross. Blake asked Mattingly if any of Chad’s children voluntarily come forward with information. Mattingly said not one. Emma refused to speak to Mattingly and did not provide any information on Tammy's health.
Mattingly testified that besides her sparse medical records, Tammy's medical information came from her family.
Blake displayed Tammy's life insurance form again that Chad filled out. Blake pointed out that Chad put that Tammy's health problems started the day before she passed.
Blake had no further questions.
Next up to the stand was Detective Vince Kaaiakamanu. He currently is the Chief Deputy for the Madison County Sheriff's office. He had previously worked for the Fremont County Sheriff’s Office.
Vince testified that he originally had missed Officer Greenhalgh call when she had responded to the unattended death of Tammy because he had been helping Idaho Falls Police Department with an officer-involved shooting. He said that he ended up talking to Greenhalgh and learned that there was nothing suspicious, so he decided that he wasn't needed at the scene.
Vince testified that no investigation was opened at that time after the unattended death.
Vince testified that an investigation was later opened for Tammy. Vince said he became involved in Tammy’s case around March of 2020. He said that Freemont County became involved on October 31st, 2019, when Arizona PD called them and asked them for assistance. Blake asked Vince when he became involved what other investigations were pending. He said the homicide of Charles, the search for JJ and Tylee and the attempted shooting of Brandon.
Vince testified that his main focus was Tammy, but he did assist with locating and helping with JJ and Tylee too.
Vince confirmed that he reviewed the attempted shooting of Tammy on Oct. 9, 2019. He said that the nature of the call had to do with a suspicious event. He confirmed that it involved a gun or paintball gun being pointed at someone.
The 9-1-1 call made by Tammy's son-in-law and the call to dispatch that Tammy made were played for the court again.
Blake asked Vince how Tammy first referred to the weapon in the call. He said that she first called it a paintball gun and then she also described it as a gun and a riffle.
Blake asked Vince he if was aware of a search that was done on an apartment that belonged to Alex. He said yes. Blake then asked him if he was aware of some firearms that had been recovered as a part of that search. He said yes. He had seized them for evidence. Blake then admitted into evidence one of the photos that Vince had taken of one of the firearms that had been seized. Vince testified that he thought it could have been what was used during the paintball incident. Blake asked Vince if the firearm looked like a rifle. He said it was.
Blake asked Vince if he had experience with paintball guns. He said yes, that growing up he had shot paintball guns all the time. He also said that being in law enforcement and on the SWAT team, they utilized paintball guns and paintball riffles that were set up similar to AR-15's for their training. Blake also asked Vince what his experience with assault rifles was. He said that it was the same as his experience with paintball guns.
Blake asked Vince if there were some paintball guns to look like rifles. He said yes.
Blake asked Vince if he remembered looking at some searches done on a Homer J. Maximus account. He said yes and testified that the account was associated with Alex. Blake admitted an exhibit that Vince created from reviewing those searches.
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