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
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.
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 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.
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 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.
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
At 1:55 p.m. the eleventh witness was called.
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.)
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.
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
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 phone. Prior 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 hearingWood 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
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