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Tuesday, August 25, 2020

What Happened to Hitler?: Part 4: Hitler Goes On Trial For High Treason And His Obsession With His Niece Comes To A Deadly End.

I don't know if you read Part 3: Precursor Of The Nazi Party, but regardless i will remind you where we left off.  
Beer Hall Putsch | Facts, Summary, & Outcome | Britannica
World War I ended and Hitler was mad that Germany lost and blamed it all on the Jews. He joined the National Socialist German Workers Party and attempted a coup called the "Beer Hall Putsch" to try to bring down the democratic government in Germany. He failed and hid out in a friend's attic until he was arrested and taken to jail where he was about to go on trial for high treason.

Hitler practically became famous over night, not just locally but in other countries as well. The lay judges( a person assisting a judge in a trial) in his trial was chosen by a Nazi sympathizer in the Bavarian government. Hitler was allowed say whatever he wanted for as long as he wanted and he'd interrupt others at any time and even cross examine witnesses.

Hitler's trial began before the special People's Court in Munich in February of 1924. Amazingly he said that he was the only to blame for the Putsch. However, he did claim that what he did was not wrong. 

"I alone bear the responsibility. But I am not a criminal because of that. If today I stand here as a revolutionary, it is as a revolutionary against the revolution. There is no such thing as high treason against the traitors of 1918," Hitler ranted.

The lay judges had to be dissuaded by the presiding Judge, George Neithardt, from acquitting Hitler with the that he would get early parole. On April 1st, 1924, he was found guilty and he could have received life, but he got five years and would be eligible for parole in six months. 
He was given a private cell at Landsberg with a nice view. He received friendly treatment from the guards, and was allowed mail and regular visits by anyone. He got gifts and had his own private secretary. Hitler also dictated what would be the first volume of a book, Mein Kampf, to his secretary who took down every word. Hitler never did write an actual word of his book.
The 1938 edition of Hitler's Mein Kampf
Mein Kampf (My Struggle, or My Battle) was originally going to be called "Four and a Half Years of Struggle against Lies, Stupidity and Cowardice", but his publisher shortened it. 

In his book, Hitler establishes higher and lower orders of humans. At the top is the Germanic man with his fair skin, blond hair and blue eyes. Hitler refers to this type of person as an Aryan asserts that it is the master race. Hitler then declared that Jews and the Slavic peoples, notably the Czechs, Poles, and Russians are the lowest on the totem pole, the inferior races. He also said that the inferior races actually benefit by being conquered because they come in contact with and learn from their superiors. However, they can't get married, have kids together and taint the pure Aryan bloodline... 

Hitler also claimed that the Jews were conspiring to keep the Aryan's from assuming their rightful position as rulers of the world. He said that the Jews were conducting an international conspiracy to control world finances, controlling the press, inventing liberal democracy as well as Marxism, promoting prostitution and using culture to spread disharmony. Throughout his book Hitler insults Jews and calls them the mortal enemies of the Aryans.

Anyway, Hitler wasn't the only one who was shown incredible mercy and kindness by the court. Other Nazi leaders got light sentences as well and General Ludendorff was even acquitted. 

Hitler was Pardoned by the Bavarian Supreme Court and ending up only serving a little over eight months. Against the prosecutor's objections, he was released on December 20th, 1924.

Hitler was worried that he was going to be deported, but the judge was sympathetic and said that he couldn't apply the rules to a man that thought like Hitler did and loved Germany so much...

After his release Hitler would make his money from party funds and from writing for nationalist newspapers. He became a night owl that wouldn't eat meat and he also gave up alcohol. 

The Germany economy had started to recover a bit and the political aspect agitation had eased as well.  Also, the Nazi Party and its affiliated organizations had been banned in Bavaria. 

On January 4th, 1924, in a meeting with the Prime Minister of Bavaria Heinrich, Hitler agreed to respect the state's authority and promised that he would seek political power only through the democratic process. The meeting paved the way for the ban on the NSDAP to be lifted. However, after an inflammatory speech Hitler was barred from public speaking by the Bavarian authorities. In spite of the ban, Hitler appointed Gregor Strasser, Otto Strasser and Joseph Goebbels to organize and enlarge the NSDAP in northern Germany. 
Bundesarchiv Bild 119-1721, Gregor Strasser.jpg
Gregor Strasser was born into the family of a Catholic judicial officer. He served an apprenticeship as a pharmacist in the Lower Bavarian village of Frontenhausen.

When World War I broke out, Strasser suspended his studies at Ludwig Maximilian University of Munich to enlist as a volunteer in the German Imperial Army. He served in the 1st Bavarian Field Artillery Regiment. rising quickly to the rank of first lieutenant and winning the Iron Cross of both classes for bravery. In 1918, he resumed his studies at Friedrich-Alexander-University, Erlangen-Nuremberg. He passed his state examination and started work as a pharmacist in Landshut.

He joined the NSDAP in 1920 and quickly became an influential and important figure. He took part in the Beer Hall Putsch and was imprisoned, but released because he had been elected a member of the Bavarian Landtag for the NSDAP. 

Because Strasser was overworked and hired Heinrich Himmler to expand the organization in Lower Bavaria. After the refoundation of the NSDAP, Strasser became the party leader of a regional branch of the Nazi Party. From September 1926 until the end of December 1927, he was the NSDAP's national leader for propaganda.

Due to the public-speaking ban issued against Hitler, Hitler deputized Strasser to represent the party in the north and speak.  Strasser said in his speech he made to the Reichstag in November 1925:

"We National Socialists want the economic revolution involving the nationalization of the economy...We want in place of an exploitative capitalist economic system a real socialism, maintained not by a soulless Jewish-materialist outlook but by the believing, sacrificial, and unselfish old German community sentiment, community purpose and economic feeling. We want the social revolution in order to bring about the national revolution."

Strasser with his brother Otto, founded the Berlin Kampf-Verlag ("Combat Publishing"). Strasser appointed Joseph Goebbels as the managing editor of the Kampfverlag. The two men drafted a revised version of the NSDAP political program during the winter of 1925–1926, one which leaned much further to the left much to Hitler's dismay. Hitler called for a meeting in the northern Bavarian city of Bamberg. Goebbels and Strasser traveled there hoping to convince Hitler of the new message but it didn't work.

In March of 1926 Strasser was in a car accident and he was bedridden for awhile.
Otto Strasser crop.jpg
Otto Strasser was Gregor's brother and was considered more intellectual of the two. During World War I he joined the Bavarian Army as a volunteer. He rose through the ranks to lieutenant and was twice wounded. When he returned to Germany in 1919 he served in the Freikorps. At the same time, he also joined the NSDAP. In 1920 he participated in the opposition to the Kapp Putsch.  
Bundesarchiv Bild 146-1968-101-20A, Joseph Goebbels.jpg
Joseph Goebbels was born in an industrial town called Rheydt. Both of his parents were Roman Catholics. His father was a German factory clerk and his mother was of Dutch ancestry and later became a German citizen. Goebbels had five siblings. His sister Maria married the German filmmaker Max W. Kimmich. (I don't know if they are all that way, but he made several propaganda films for the Nazis.)

As a child Goebbels suffered from a long bout of inflammation of the lungs. He also had a deformed right foot that turned inwards, due to a congenital deformity. It was thicker and shorter than his left foot and he underwent a failed operation to correct it. Goebbels wore a metal brace and special shoe because of his shortened leg and walked with a limp. He was rejected from serving in World War 1 because of his disability.

Goebbels studied literature and history aided by a scholarship from the Albertus Magnus Society. Goebbels parents wanted him to become a catholic priest but by this time he had begun to distance himself from the church.

At Freiburg, he met and fell in love with Anka Stalherm, who was three years older.  By 1920 their relationship was over and Goebbels was full with thoughts of suicide.

Goebbels earned his PhD in 1921.

Goebbels returned home and worked as a private tutor. He met and began a love affair with a school teacher named Else Janke. After she revealed to him that she was half-Jewish, Goebbels stated his disdain, but continued dating her on and off for years.

He continued for several years to try to become a published author, but his lack of success forced him to take employment as a caller on the stock exchange and as a bank clerk. He was dismissed from the bank in August 1923 and returned to Rheydt. He began reading avidly and was influenced by the works such as Houston Stewart Chamberlain's book The Foundations of the Nineteenth Century. (One of the standard works of the extreme right in Germany.) He also began to study the "social question" and was preoccupied with "religious-philosophical" issues, and lacked a sense of direction. 

Goebbels was drawn to the NSDAP mostly because of Hitler. Gregor Strasser hired Goebbels to work on their weekly newspaper and undertake secretarial work for the regional party offices. He was also put to work as party speaker.

Hitler believed in a legal system with no "Jewish system of exploitation ... for plundering of our people." The future would be secured by acquiring land, not through expropriation of the estates of the former nobility, but through colonizing territories to the east. Goebbels was horrified by Hitler's characterization of socialism as "a Jewish creation." 

After reading Hitler's book Goebbels began to see Hitler's point of view and began to really idolize him.

Hitler appointed Goebbels the leader for the Berlin section giving him great authority over the area. When Goebbels arrived, and he reduced it to a core of 600 of the most active and promising members. To raise money, he instituted membership fees and began charging admission to party meetings. To get publicity he deliberately provoked beer-hall battles and street brawls. Goebbels used commercial advertising including the use of catchy slogans and subliminal cues.

Goebbels' violent tactics led the Berlin police to ban the NSDAP from the city. Violent incidents continued, including young Nazis randomly attacking Jews in the streets. Goebbels was subjected to a public speaking ban until for a while. During this period, he founded the newspaper Der Angriff (The Attack). Material in the paper was highly anti-communist and antisemitic. 

The ban on the NSDAP was lifted before the Reichstag elections in 1928. Goebbels gained election to the Reichstag. This gave him immunity from prosecution for a long list of outstanding charges.

Back to Hitler after he was released from prison. 

Hitler's sister Angela had been working for him as a housekeeper and she would bring along her teenage daughter Geli.
Angela Maria "Geli" Raubal was known as a high-spirited young girl with an infectious charm. She was born in Linz, Austria-Hungary. She had a brother named Leo and a sister named Elfriede. Her father died at the age of 31 when Geli was two. 

Elfriede would also accompany their mother when she went and worked for Hitler, but it was a 17-year-old Geli that Hitler would favor. 

Hitler attended Rudolph Hess' wedding as his best man. Hitler ducked out early with his chauffeur, Emil Maurice and went to a tavern. The two got to talking and Hitler was shocked and outraged when Maurice told him that he was engaged to Geli. The next day Hitler spoke with Maurice and Geli. The conversation didn't go very well and Hitler ended up threatening Maurice with a gun and throwing him out the door. Needless to say Maurice was also fired.

In 1929 Geli moved in with Hitler when she enrolled in medicine at Ludwig Maximilian University. She did not complete her medical studies. Hitler was domineering and possessive. He cut her off from all of her friends and would accompany her everywhere she went. When he couldn't be with her he'd make sure there was someone he could trust to keep her in line. This made Geli rightfully lonely and depressed.
Adolf Hitler and Eva Braun
Around this time Hitler first met a 17-year-old German Catholic girl called Eva Braun.

Eva Anna Paula Braun was born in Munich and was the second daughter of school teacher Friedrich "Fritz" Braun and a hard working seamstress Franziska "Fanny" Kronberger. She had an elder sister, Ilse and a younger sister, Margarete (Gretl).

Braun's parents were divorced in April 1921, but remarried in November 1922. Braun was educated at a Catholic lyceum in Munich, and then for one year at a business school in the Convent of the English Sisters in Simbach am Inn, where she had a talent for athletics. It was said that she was an accomplished swimmer and skier.

She was 17-years-old when she took a job working for Heinrich Hoffmann, the official photographer for the NSDAP. Initially employed as a shop assistant and sales clerk, she soon learned how to use a camera and develop photographs. She met Hitler at Hoffmann's studio in Munich. Soon Braun and Hitler became involved in a secret relationship.

The stock market crash in the United States in October of 1929 direly impacted Germany. Millions were thrown out of work and several major banks collapsed. Hitler and the NSDAP decided to take advantage of the situation. They promised to reject the Versailles Treaty, strengthen the economy, and provide jobs.

The Great Depression and the German referendum(a failed attempt to introduce a Law against the Enslavement of the German People) of 1929 elevated the Nazi ideology. The elections of 1930 resulted in the break-up of a grand coalition (an arrangement in a multi-party parliamentary system in which the two largest political parties of opposing political ideologies unite in a coalition government) and its replacement with a minority cabinet. (Minority cabinets tend to be less stable.)
Bundesarchiv Bild 119-2600, Heinrich Brüning.jpg
Chancellor Heinrich Brüning of the Center Party, governed through emergency decrees from President Paul von Hindenburg. 

Brüning was born in Münster. He lost his father when he was one year old and so his older brother Hermann was like a father to him. Although brought up in a devoutly Roman Catholic family, Brüning was also influenced by Lutheranism's concept of duty.

He first leaned towards the legal profession but then studied Philosophy, History, German and Political Science at Strasbourg. In 1915, he received a doctorate for his thesis on the financial, economical and legal implications of nationalizing the British railway system. Historian Friedrich Meinecke, one of his professors at Strasbourg with national liberal and anti-semitic views, was a major influence on him.

Brüning volunteered for the infantry and even though he has shortsightedness and was physically weak, he was accepted. He served in World War I and rose to lieutenant in an infantry regiment and company commander by the end of the war. He was cited for bravery and awarded both the second and first class Iron Cross.

Despite having been elected to a soldiers' council after the armistice, Brüning did not approve of the German Revolution.

He preferred to help former soldiers reintegrate into civilian life by assisting them finding employment or further their education.

He collaborated with the social reformer Carl Sonnenschein and worked in the "Secretariat for social student work". After six months he entered the Prussian welfare department and became a close associate of the minister. The minster made Brüning chief executive of the Christian unions.

As the editor of the union newspaper Der Deutsche (The German), he advocated a "social popular state" and "Christian democracy." 

In 1923 Brüning was actively involved in organizing the nonviolent resistance campaign "Ruhrkampf".

Brüning joined the Center Party and was elected to the Reichstag, representing Breslau. In parliament, he quickly made a name for himself as a financial expert and managed to push through the Brüning Law, which restricted the workers' share of income taxes.

After his election as leader of the Center Party group in the Reichstag, his party's agreement to the Young Plan was made conditional on paying for it through tax increases and budget cuts. 

Brüning was then appointed chancellor by Hindenburg and had the economic crises caused by the Great Depression to deal with.  Brüning's tightening of credit and a rollback of all wage and salary increases really made him unpopular. This paved the way for the NSDAP to win 107 parliamentary seats and they became the second-largest party in parliament.

The Nazi party was on a steady rise and so was the turmoil between Geil and an obsessed Hitler. Geli dreamed of becoming a singer someday and wanted to go to escape to Vienna and marry a man there and settle down. Hitler wanted her all to himself and wouldn't allow her to leave him. 

On September 18th, 1931, as Hitler was leaving for a meeting in Nuremberg, Geli hung out of the window and yelled something to Hitler. He replied, “No, for the last time, no.”

The next day Hitler was recalled to Munich the next day with the news that 23-year-old Geli was dead. She had been found lying face down on the floor in a pool of blood. She had a hole in her chest where a bullet from Hitler's pistol had obliterated one of her lungs.  There was no suicide note, just an enthusiastic letter about future plans to a friend was found, half-written, on her desk.

Geli's death was ruled a suicide. The cause was stated as “unsatisfied artistic achievement.” Oddly, she was buried in a catholic cemetery in Vienna, where suicide cases aren’t allowed. 

It was said that Geli's death made Hitler very depressed and moved to a house on the shores of Tegernsee lake. And he did not attend the funeral in Vienna, but he often visited her grave after. Later he declared that Geli was the only woman he had ever loved. Her room at the Berghof was kept as she had left it, and he hung portraits of her in his own room as well as his office.

Many theories even to this day swirl around about Geli's death. Some say that she was driven to suicide by not only Hitler's controlling nature, but that she was sexually abused by him. Other say that Hitler shot Geli himself in the heat of an argument or killed on his orders.  Allegedly, Hitler's nephew William Stuart-Houston claimed, "When I visited Berlin in 1931, the family was in trouble. ... Everyone knew that Hitler and she had long been intimate and that she had been expecting a child – a fact that enraged Hitler."

After Geli's "suicide" Braun too attempted suicide by shooting herself in the chest with her father's pistol. She had been deeply committed to her relationship with Hitler, but Hitler spend a great amount of his time on his political career and Braun felt ignored. 

After Braun's recovery, Hitler became more committed to her and set her up in a spacious Munich house with a maid. However, Hitler wouldn't let Braun be seen with him in public.The only time Braun could appear on his arm as "chief consort" was when she was playing host to his inner circle.

After Hitler had terminated his Austrian citizenship in 1925, he was stateless, legally unable to run for public office, and still faced the risk of deportation. On February 25th, 1932, the interior minister of Brunswick, who was a member of the NSDAP, appointed Hitler as administrator for the state's delegation to the Reichsrat in Berlin, making Hitler a citizen of Brunswick.

After obtaining citizenship, Hitler decided against Hindenburg in the 1932 presidential elections. 
Bundesarchiv Bild 183-C06886, Paul v. Hindenburg.jpg
Hindenburg was born in what is now Poznan, Poland. His father was a member of the Prussia nobility and supported the family as an infantry officer and retired as a major. His family were all Lutheran Protestants in the Evangelical Church of Prussia.

He tried to emulate everything about his father that he could and at age 11 Hindenburg entered the Cadet Corps School. And by age 19 he first saw war.

Hindenburg won a decoration during the Austro-Prussian War after he marched on after temporarily knocked unconscious by a bullet that pierced his helmet. And later he became will distinguished in the Franco-Prussian War. 

He wrote the field service regulations on field-engineering and on the use of heavy artillery in field engagements.(Both of which were used during the First World War.) 

He served in the General Staff with his appointment of 1878. While there he was made a general in 1905.

Hindenburg retired in 1911 so that he could spend time with his wife and children and "to make way for younger men." He had been in the army for 46 years, including 14 years in General Staff positions.

He was called back into military service after the start of World War I to assume command of the German Eighth Army in East Prussia with General Erich Ludendorff as his chief of staff.

Hindenburg won a huge victory for Germany at Tannenburg and  eight hundred thousand refugees were able to return to their East Prussian homes. After this, Hindenburg was appointed Commander-in-Chief of the German armies.

Hindenburg was appointed Ober Ost (commander in the east) and was promoted to field marshal.

In a raging snowstorm his forces surprised the Russian flank in the Battle of Łódź, which ended the immediate Russian threat to Silesia and also captured Poland's second largest city.

Hindenburg argued that the Russians could be snared in a cauldron by a southward pincer from East Prussia and a northward pincer from Galicia, using motor vehicles for speed, even though the Russians outnumbered the Germans by three to one. He thought that this could end the war in the Eastern Front. Erich von Falkenhayn, the Chief of Germany's Great General Staff, rejected his plan.

Hindenburg then made plans to eliminate the Russians' remaining toehold in East Prussia by ensnaring them in a pincer movement between the Tenth Army in the north and Eighth Army in the south. It worked and Hindenburg's forces encircled an entire corps and captured more than 100,000 men in the Second Battle of the Masurian Lakes.

During the German offensive to relieve Russian pressure on the Austro-Hungarians to their south, Hindenburg's Ninth and Tenth Army launched diversionary attacks. Three cavalry divisions swept east into Courland, the barren, sandy region near the Baltic coast. 

Hindenburg was then ordered to launch a frontal attack in Poland toward the Narew River north of Warsaw. He created Army Group Gallwitz and broke through the Russian lines. One-third of the opposing Russian First Army were casualties in the first five hours and the Russians ended up withdrawing.

Hindenburg continued to rack up victories on the Eastern Front and  consequently he was promoted to Field Marshal, finally becoming Army Chief of Staff, replacing Falkenhayn. He immediately appointed Ludendorff his Quartermaster General.

Hindenburg formed what was known as the "Third Supreme Council", a military-industrial dictatorship that held virtually total power.

In 1918, Hindenburg oversaw Germany's largest offensive push of World War I. Russia had already withdrew from the war and Hindenburg believed that by bringing troops from the Eastern Front they had the means to not only halt the Allies, but to push them back. It was a costly offensive that almost succeeded, however an Allied counter-offensive, bolstered by the arrival of U.S. troops, broke through, forcing German to surrender.

In June of 1919, Hindenburg retired once again from the German army, but remained in office. Under the terms of the Treaty of Versailles Hindenburg was due to be tried as a war criminal; however he was a war her and his popularity ensured that he was not even indicted.

In 1925 Hindenburg became President of the Weimar Republic, replacing Friedrich Ebert upon the latter's death.

In 1930 when the depression hit, he appointed a cabinet accountable only to him and authorized Chancellor Heinrich Brüning to dissolve the Reichstag. 

Back to the 1932 race between Hitler and Hindenburg for president.  Many of Germany's most powerful industrialists supported Hitler and various nationalist, monarchist, Catholic, and republican parties, and some Social Democrats supported Hindenburg. 

Hitler's campaign slogan was "Hitler über Deutschland" ("Hitler over Germany") and was one of the first politicians to use aircraft travel effectively and for political purposes. He targeted his political messages specifically at people who had been affected by the inflation and the Depression, such as farmers, war veterans, and the middle class.

Hitler ultimately lost to Hindenburg, but the election established Hitler as a strong force in German politics.

Two influential politicians, Franz von Papen and Alfred Hugenberg, along with several other industrialists and businessmen, wrote a letter to Hindenburg urging him to appoint Hitler as Chancellor.  Hindenburg reluctantly agreed.

Hitler's government brought the Ermächtigungsgesetz (Enabling Act) to a vote in the newly elected Reichstag and it passed. Hitler now had the ability to pass laws without Reichstag approval. Political parties, organizations and unions not affiliated with the Nazis were soon disbanded. Hitler now basically had ultimate power.

Saturday, August 15, 2020

Chad Daybell's Preliminary Hearing Day 2

Chad Daybell was charged with two felony counts of conspiracy to commit destruction, alteration or concealment of evidence, and two felony counts of destruction, alteration or concealment of evidence. He was arrested June 9th, 2010 after the remains of 7 year old Joshua “JJ” Vallow and 16 year old Tylee Ryan were found buried on his property.

Day 1 of his preliminary hearing  ended with Daybell and Lori's friend Melanie Gibb on the stand. After a phone call was played for the court that Melanie Gibb made to Chad and Lori Daybell on December 8th, 2019, Madison County Prosecuting Attorney Rob Wood said that he had no more questions and court was dismissed for the day.

9:00 a.m. Gibbs is cross-examined by the defense.
East Idaho News
Melanie Gibb testifies at Chad Daybell preliminary hearing

Gibb talked about how she first met Daybell 2-3 years ago at a preparedness camp in Morgan, Utah. Daybell's lawyer, Prior argued that the preparedness camp might have had religious undertones. Gibb said people did share their spiritual experiences and dreams at the camp and that the people were members of the Church of Jesus Christ of Latter-day Saints. Gibb then was asked by Prior why she had just looked at Rob Wood. She answered that she was looking around the room.

Prior asked if Gibb had any sort of disorder or disability. Gibb replied no. Prior asked when Gibb met Lori. She said it was at a church and Daybell wasn't there. Melanie says she met Daybell in Mesa, Arizona in 2018 after she met Lori. They then saw each other again in St. George, Utah at a conference about science, Book of Mormon evidence, dreams, visions, etc. Prior asks Gibb about David Warwick. She said that Warwick was her boyfriend.

Gibb said Lori was a really close friend. Prior asks if they were like sisters. Gibb answered “possibly.” Prior then asked her how many times she has spoken with the Gilbert Police Department. Gibb said  maybe 5-6. She said the first time she spoke with police was on December 7th or 8th. Prior asked if it was possible that a Gilbert officer left her a voicemail in November. Gibb answered yes.

Gibb admitted she lied to the police about having JJ. Prior asked if she knew that she committed a crime. She replied yes and then said that she had called the police and admitted that she had lied. Gibb said she went to Utah and when she arrived home to Arizona, she immediately went to the Gilbert Police Department and spoke with Officer Pillar. She then visited him again in-person.

Prior then asked Gibb if she ever met with Rexburg Police officers. She said some of the detectives and prosecutor Rob Wood met her in Arizona and they talked about Chad Daybell, Lori Vallow and Alex Cox. Prior asked if police discussed with her the fact that she lied to a police officer. Gibb replied no. Prior asked if she was offered a deal to testify. Gibb answered, “Never.” Prior asked her if she was coached by Wood and she said no. Gibb said, “He asked me questions, I offered answers.”

Prior asked who was present during her meeting with Rob Wood and Gibbs answered that Warwick was there along with some law enforcement officers. Prior asked her how many times she spoke with FBI agents. She says 2-3 times sometime in 2020. Prior asked when, specifically, and Gibb said she couldn't remember. Prior continued to prod her about when exactly she talked to the agents. Then prior asked, “Was it an uneventful discussion? Is that why you can’t remember it?” She said she didn't remember because it was on the phone.

Prior then asked Gibb to describe Alex’s relationship with Lori. Gibb said they were very close. Prior mentioned that Alex gave up a job to move with Lori to Rexburg. They talk about how close Alex and Lori were as brother and sister.

Prior asked Gibb about her relationship with Tylee. Gibb said she wasn't close with Tylee. Prior asked about Gibb’s relationship with JJ. Gibb said she tried to communicate but he didn't really respond to her so she quit trying. Prior asked Gibb if she had an autistic child and she says she did and that her autistic child was interviewed by the police about the whereabouts of JJ. 

Prior asked Gibb about the days she and Warwick were in Rexburg. On September 22nd, 2019 she said they went with Chad and Alex to a piece of land in Rexburg and Chad encouraged them to build on that land. Prior mentioned that on the night of the 22nd, Alex was babysitting JJ. Lori claimed that between 9 p.m. and midnight, Alex was coming and going from Lori’s house. Gibb was in one bedroom at Lori’s house, Warwick was in another bedroom and Lori was in her own room. Gibb said JJ had a little bed in the corner of Lori’s room and that’s where he would sleep. Gibb said she remembered Alex coming in with JJ while she was recording a podcast with Lori and Warwick.

Prior asked Gibb about the places where Lori has lived and if Chad has lived with her at different locations. Prior suggested that Alex followed Lori wherever she went. Prior then asked about evil King Noah referenced on the phone call between Lori and Gibb. He also asked questions about Alma, a Book of Mormon prophet who established the Church of Jesus Christ in the Americas during the reign of the wicked King Noah.

Prior asked about Daybell’s books. He asked if Warwick was an author. Gibb said that’s incorrect. Prior said he has no further questions. 

At 10:10 a.m. sixth witness of the day was called to the stand.
GALLERY: Photos from Chad Daybell preliminary hearing | East Idaho News
David Warwick is Melanie Gibb's boyfriend. He has a hearing impairment. He is also a podcaster and member of Preparing the People.
East Idaho News
David Warwick testifies at Chad Daybell preliminary hearing

Rob Wood asked Warwick how long he had known Chad Daybell. Warwick said about five years and that he didn't meet Lori until August. Warwicksaid he has never met Tylee Ryan but he met JJ Vallow on September 21st, 2019 at Lori’s home in Rexburg when he stayed there while he was attending a conference. He arrived Friday night around 7:30 p.m. Warwick said he saw Daybell three times that weekend.

Warwick said that Alex Cox brought JJ into Lori’s house “later in the night.” Daybell was not there. The next morning Warwick said he woke up to get ready to go home and went downstairs to say goodbye. Gibb and Lori were there but JJ was not. Warick said Lori told him JJ was being a zombie, climbed up on the cabinets and fridge, knocked down a picture of Jesus and then climbed up to the top of the cabinets. Warick asked to see JJ and Lori said he was “out of control” and Alex had come to get him.

Warwick then talked about meeting with Lori and Gibb at a piece of property near Daybell’s home when Daybell showed up with a realtor. Warwick then described doing the podcast with Lori and Gibb at Lori’s house. He also said that Gibb was stayed in Tylee’s room and he was stayed in JJ’s. 

Prior asked how well Warwick knew Alex Cox. Warwick said he did not know him very well and he had met him at Lori ’s home in Arizona in August of last year.  Warwick said that Alex was a fun guy with a sense of humor and didn’t take anything real serious. Prior asked Warwick if he ever had any problems understanding conversations. He said sometimes.

Prior has had no further questions. Wood had some follow-up questions and asked Warwick to clarify that on September 22nd, he did a podcast with Gibb and Lori and JJ was not there. Warwick said correct but he he did see JJ later that night when Alex came to put him to bed in Lori’s room.

At 10:35 a.m. the seventh witness was called to the stand.
Madison Jail becomes federally certified in rape elimination act | East  Idaho News
Madison County Sheriff’s Office Lt. Jared Willmore has worked 17 years for the MCSO and he is the lieutenant over the jail. He oversees the Telmate phone system that allows inmates to speak with their family members.
East Idaho News
Madison County Jail Lt. Jared Willmore testifies at Chad Daybell preliminary hearing

Willmore said talked about how all calls are recorded. He accessed calls made by Lori for the prosecutor’s office and he listened to the calls. Willmore spoke about a phone call made by Lori to Daybell on June 9th, 2020 around 11 a.m. This was the same day police were at Daybell’s house. The call was recorded as police were searching Daybell’s property and the remains of the children were found.

The phone call between Daybell and Lori on June 9 was then played. 

Operator-A call from [unintelligible].”

Lori -“Lori.”

Operator-“An inmate at the Madison County Jail. This call is subject to recording and monitoring. If you do not wish to talk, hang up now. Thank you for using Telmate.”

Lori-“Hi, babe.”

Daybell-“Hello.”

Lori-“Are you okay?”

Daybell-“No, they’re searching the property.”

Lori-“The house right now?”

Daybell-“Yeah, yeah. [Unintelligible, possibly ‘not the house.’] So Mark Means [Lori Daybell’s attorney] will be talking to you.”

Lori-“Okay. What, are they in the house?”

Daybell-“No, they’re out in the property.”

Lori-“Are they seizing stuff again?”

Daybell-“They’re searching. There’s a search warrant and so [unintelligible] with the kids.”

Lori- “Okay.”

Daybell-“So yeah, saw you’d tried to pull up a, a call. I’m glad you called.”

Lori -“Yeah.”

Daybell-“So, we’ll see what transpires.”

Lori-"Kay.”

Daybell-“[Unintelligible]”

Lori-“What do you want me to do? Pray?”

Daybell-“What?”

Lori-“What do you want me to–”

Daybell-“No, [talking over Lori] I’m sorry. ”

Lori-“[Laughs]”

Daybell-“Well, [unintelligible]”

Lori-“Mmmkay. What can I do for you?”

Daybell-“I’m [unintelligible] pretty calm. I would call Mark, though. We need, can you just talk with him?”

Lori-“Have you talked to him already?”

Daybell-“[Unintelligible, possibly ‘I’ve tried to call him since.’]”

Lori-“So he knows what they’re doing?”

Daybell-“Yeah. Looks like I’ve, a call from somebody else who I need to talk to, honey. I love you so much.”

Lori-“Okay. I love you. Should I try to call you later?”

Daybell-“Umm, I don’t know. I, I don’t know. Uh, you can try, yeah. I’ll answer if I can.”

Lori-“Okay.”

 Daybell-“I love you and we’ll talk soon.”

Lori-“Okay, baby, I love you.”

Daybell-“Okay. Love you. Goodbye.”


At 11:10 a.m. the eighth witness was called.
Idaho - Chad Daybell | News | postregister.com
FBI Special Agent Steve Daniels is in charge of the FBI Salt Lake City Division's Evidence Response Team. He has worked for the FBI for approximately 23 years. 

East Idaho News
FBI Special Agent Steve Daniels testifies at Chad Daybell's preliminary hearing

On June 9th, 2020, early in the morning, Daniels and his team arrived at Daybell's property to execute a search that had been planned out far in advance. Every member of the team had an assignment and a crime scene log was established. A photographer was on-site and “priority areas” were designated.

Wood showed an aerial image of Daybell’s property for Daniels to describe the scene. Daniels talked about how even before setting foot on the property that due to satellite images his team knew that there was a high possibility that they would find evidence there. The fire pit would be the number one priority.

Based on a text message, Daniels said they were aware of the pet cemetery but they didn’t know where it was on the property. So their job was to try and locate it. Daniels said the photographer went to the “priority” areas first and Evidence Response Team members then went over.

Daniels then said that they had ping information that led them to the east side of Daybell's pond. 

Daniels said they find a dog statue in the backyard and possible graves near the statue. Daniels believed that this was the pet cemetery. FBI, Fremont County Sheriff’s Office and Rexburg Police officers begin searching the property and a hidden grave was found near the pond.

Wood admitted a photo into the record showing the grave area near the pond. This was referred to as burial site #1. Daniels and his team began processing the area with a scanner and total station to take measurements. Daniels said the grave site was processed layer-by-layer as the team excavates down into the grave site.

Daniels said a patch of vegetation was removed from the land and then large stones were discovered. The three stones were taken away and crews then discovered wood boards that were placed on the grave site. Photographs and scans were taken. Then a black plastic garbage bag was uncovered. He removed dirt around the oval-shaped object and the plastic bag was tightly wrapped against “the shape.” Daniels said it felt like the shape of a skull and he took a razor blade and made a cut in the black plastic.

Daniels said a white plastic bag was underneath the black plastic bag. He made a cut with a razor blade into the white bag and that’s when “the possible human hair” started coming out on his hands. At that point he determined it was human remains. The team continued the excavation of the grave and eventually, the entire body was uncovered that was wrapped in this black plastic bag intermingled with a heavy amount of duct tape.

Daniels said an anthropologist was on scene to help determine the difference between animal and human bones. Crews removed the first area of vegetation and eventually found two sets of animal remains. After the animal remains were found and moved to the side, a backhoe was brought in and it excavated the 10×10 foot area, digging two feet down into the ground. 

Two vertebrae are found. The anthropologist was unable to determine if the bones are human or animal. The backhoe stopped digging and Daniels said he smelled the remains of a decomposing human. The search continued and crews discovered a possible pelvic piece of bone. This became began burial site #2. The pieces that were recovered appeared to be burned and some were pink tissue. Dismembered pieces were put in a body bag, sealed up by the coroner and removed from the scene. Crews stopped digging for the day and took all the human remains that had been uncovered. 

Daniels said the excavation resumed the next day. At burial site #2, Daniels said a “mass of dismembered human remains” was found. They were partially burned and it was initially hard to recognize what his team was dealing with. At the bottom of the mass, crews found a melted green bucket and to the side of a bucket was a skull. To the side of the skull, the team found a jawbone with teeth. The team tried to lift the remains out of the burial site but the mass fell apart. All the pieces were placed in a body bag and the anthropologist and coroner did an “inventory” of the pieces they  had.

Daniels talked about how he had visited Daybell before on January 3rd while assisting the Fremont County Sheriff’s Office with a search warrant and was the team leader. Photos of cell phones seized from the home are admitted into the record. Wood had no further questions.

Prior began cross-examining Daniels. 

Prior asked about the procedure for processing the crime scene.

Daniels said within the area of the pet cemetery there were 2-3 potential graves. Daniels says the entire property was not dug up just burial sites #1 and #2.

Daniels said line searches were conducted and five cadaver dogs searched the entire property. A line search is where crews are in a line looking at the ground going back and forth and look for any indications of a hidden grave. 

Prior asked Daniels to point out the pet cemetery on an aerial photo of Daybell’s property. Daniels said there was ash inside and outside the fire pit area. Daniels says burial site #1 was approximately 1.5 feet deep and at burial site #2 the depth was 2 feet deep.

Prior had no further questions. 

At 1:45 p.m. the ninth witness was called to the stand.
Fremont County Sheriff Lt. Joe Powell testifies at Chad Daybell's  preliminary hearing - YouTube
Fremont County Lt. Joe Powell and Madison County Deputy has been working for the sheriff's office for 18 years. Back in 2015, while responding to a traffic accident, Powell almost lost his life when another vehicle lost control and crashed into his vehicle.
Prosecuting Attorney Spencer Rammell asked Powell a few questions about they day the search warrant for Daybell's property was executed. Powell was questioned about the collection of evidence. Powell said that ERT turned some evidence over to him in evidence bags. Powell said that he and another officer took the bags to their vehicles and transported them to the Fremont County Sheriff's office. They then turned all of it in to be logged into evidence. Neither side had anymore questions.

At 1:50 p.m. the tenth witness was called to the stand.
GALLERY: Photos from Chad Daybell preliminary hearing | East Idaho News
Fremont County Detective Bruce Mattingly has worked for the department for 20 years.
East Idaho News
Fremont County Lt. Bruce Mattingly testifies at Chad Daybell preliminary hearing

Rammell questioned Mattingly about January 3rd, 2020. Mattingly was helping with the execution of a search warrant on Daybell's property. He helped search for and collect evidence. He is the one that assisted Powell in transporting the evidence to the Fremont County Sheriff's office which he logged into evidence. On January 15th he logged the electronic portion of those items out of evidence and transported them to Salt Lake City, Utah to the regional computer forensic lab. Neither side had any further questions.

At 1:55 p.m. the eleventh witness was called.
Idaho - Chad Daybell | News | postregister.com
FBI Salt Lake City Agent Gary Lyu has worked with the FBI for over four years. He is a forensics examiner and works in the Intermountain West Regional Computer Forensics Laboratory.
East Idaho News
FBI employee Gary Lyu testifies at Chad Daybell's preliminary hearing

Lyu told Rammell that he took possession on January 16th, of an LG phone that was inside Daybell’s home. (I am assuming that is was Daybell's deceased wife, Tammy's phone.)

Image result for tammy daybell
Tammy Daybell died in her sleep on October 19th, 2019. There was no autopsy done on her. Investigators have called the death suspicious, and her body was exhumed from the Springville Evergreen Cemetery in Utah in December. Just two weeks after her death, Daybell and Lori were married.

Back to the Prelim
Lyu said he “parsed” data from the phone. (He converted the data into information that could be read by humans.) Rammell had no further questions. Prior asked the name of a program Lyu used had no further questions either.

At 2:15 p.m. the twelfth witness was called to the stand.
GALLERY: Photos from Chad Daybell preliminary hearing | East Idaho News
FBI evidence analyst Benjamin Dean has worked for the FBI for six years and is currently an intelligence analyst. He supports active cases but his main job is to analyze information and make assessments about specific threats. 
East Idaho News
FBI evidence analyst Benjamin Dean testifies at Chad Daybell's preliminary hearing

Dean told Rammell that in March of 2020, his first job in the case was to analyze tips that came into the FBI after the agency asked the public to send information if they were at Yellowstone National Park in September 2019. Dean also received a hard drive and a thumb drive that were inside Daybell’s home. He completed the analysis on the devices in late May. He also reviewed two Blu ray discs retrieved from Daybell’s home in January.

He said he analyzed Tammy's phone. He knew that it was her hers because the device user was listed as Tammy, the phone number matched her number, there were incoming messages with the name Tammy and outgoing messages signing off with Tammy’s name. There were direct messages with members of the Daybell family and all the members in the group messages had contact names stored in the device. There were also photos of Tammy on the phone. All of the outgoing communications on the phone ceased on the evening before Tammy passed.

Dean said on September 9th, 2019, Tammy’s phone had text messages from Daybell. He began to read the messages out loud.

Daybell to Tammy at 11:53 a.m. – “Well, I've had an interesting morning! felt should bum all of the limb debris by the fire pit before it got too soaked by the coming storms. While did so, spotted big raccoon along the fence. hurried and got my gun, and he was still walking along. got close enough that one shot did the trick. He is now in our pet cemetery. Fun times!”

Daybell to Tammy at 11:56 a.m. – “Gonna shower now and then go write for while at BYU. Love you!”

Tammy to Daybell at 2:47 p.m. – “Good for you!”

Daybell to Tammy at 2:48 p.m. – “I’m back home now”

Dean said that theses messages caught his attention. The first message Daybell sent to Tammy was unusual because it was longer and more detailed than any of the other messages that the couple had ever sent to each other. Dean also said that September 9th was the same time frame that the FBI had inquired the public for videos and photos from Yellowstone. Dean also knew Tylee was last seen alive was September 8th. 

At 3:15 p.m. Prior began the cross examination of Dean

Prior asked him how far back were text messages on Tammy’s phone looked at. Dean replied that they started looking at messages from July 29th, 2019. Dean also was ask to remind the court when the last of the outgoing messages were, which was October 18th 2019. Calls did occasionally come in after Tammy’s death until the FBI seized her phonePrior had no further questions.

Dean was Wood's final witness and Prior had no witnesses. 

At 3:25 p.m. closing arguments began.
East Idaho News
Prosecutor Rob Wood presents closing arguments at Chad Daybell's preliminary hearing

Wood stated that if the court finds an offense has been committed and that there is probable or sufficient cause to believe the defendant committed the offense the court must bind the case over to district court. 

Wood then recited a brief recap of the evidence he presented.
Wood said that on November 25th, 2019, the Rexburg Police Department was notified that JJ Vallow was missing. The next day they began their investigation. In the course of their investigation they discovered that Tylee Ryan was also missing. They discovered that the last day Tylee was seen was September 8th, 2019 in Yellowstone National Park. 

They found evidence that on September 9th, Chad Daybell sent a text to his then wife Tammy Daybell at 11:53 a.m. about burning limb debris and burying a raccoon in his pet cemetery. That very same morning Alex Cox's phone pinged in the area of Daybell's pet cemetery. On June 9th, 2020, Tylee was found burnt, and in dismembered portions in a green melted bucket buried with animals in the pet cemetery. 

Through the investigation they found that the last known sighting of JJ was on September 22nd, 2019. The next day Alex's phone was pinged on the north side of Daybell's property. On June 9th, 2020 JJ's body was found, wrapped in a garbage bag with a white garbage bag wrapped around his head bound in duct tape.

Wood said based on the state of bodies of JJ and Tylee , they were victims of a homicide. Wood said based on the evidence presented, both Daybell and Lori were somehow involved. JJ's body was and Tylee's distroyed and both found on Daybell’s property. Alex, whose phone pinged at those locations, became Daybell’s brother-in-law two months later when Daybell and Lori were married.

Wood said that both Lori and Daybell attempted to convince Gibb to either not cooperate with police or to provide them with false information. Wood said that the court watched a video of Lori telling police officers that JJ was in Arizona with Gibb. Wood then said that  then through a phone call where Lori and Daybell were present it was evident that Lori admitted to that because that was what "the lord wanted her to do."

Wood said the state has met its burden of probable cause on all four counts facing Daybell and he asked Eddins to bound the court over to District Court. 
East Idaho NEws
John Prior gives closing arguments in Chad Daybell preliminary hearing

Prior said that it doesn't matter if Daybell and Lori were married or not, that it doesn't have to do with anything with the crimes that Daybell is accused of.

Prior then said that the comment that Daybell made to police doesn't mean that he conspired to commit a crime. He also said that the text message presented was obscure.

"I burned some items in the fire pit and i buried a raccoon." Prior recited. (By the way, a raccoon was never found buried on the property.)

Prior said that there was no indication of when the acts were committed and that the prosecution wasn't “even close” on the conspiracy charges. Prior asked the court to dismiss the charges and claimed the prosecution did not met its burden. 

Eddins made his ruling
East Idaho News
Judge Faren Eddins rules in Chad Daybell preliminary hearing and sends case to District Court

Eddins said that the reason preliminary hearings are held is to determine probable cause. He said after reviewing all of the testimony, exhibits and arguments, Wood met the states' burden of probable cause. Eddins said there was probable or sufficient cause that Daybell committed the crimes he was accused of. Daybell’s case is now bound over to District Court and he will go before Judge Steven Boyce on Aug. 21 for an arraignment where he will plead guilty or not guilty to the charges he is accused of.