Prosecutor Rob Wood asked Kaaiakamanu if he was involved in the investigation for Chad Daybell, Tammy Daybell, Tylee Ryan and JJ Vallow. He answered yes.
Wood then asked him if in his current job was it part of his responsibilities to over sea the jail. He said yes.
Wood then asked him if he understood the jail's phone system. He said yes. Wood then asked him to explain the system. He said that he oversees the Telemate phone/video system. He said that the system is so inmates can call and facetime their family and friends. He then testified that he had supervised the system when he was with Freemont County too.
Wood then asked Kaaiakamanu how he made sure inmates didn't make calls on behalf of other inmates. He explained that every inmate had a PIN number, and a photo is taken and that their voice was also recorded. He also testified that no matter if it is a facetime or a call the whole conversation was recorded.
Wood then asked Kaaiakamanu how he would access the information on Telemate. He said that he has a username and password. He said that he can log into the system and listen to calls but he is unable to edit the information. Tablets and phones are located in the pods of the jail for inmate use. Wood then asked him how he knows the day and time of each call. Kaaiakamanu answered that they are all time stamped.
Wood then asked Kaaiakamanu if Lori was an inmate in the Madison County jail on June 9th, 2020. He answered she was, and he acknowledged that Chad Daybell was not in jail at that time. Wood then entered an exhibit into evidence, which was a thumb drive containing a call between Chad and Lori on June 9th, 2020. That was the day that the FBI searched Chad's property and found JJ and Tylee's remains. The recording was signed off by Kaaiakamanu. It was then played for the court.
Lori Daybell- “Hi, babe.”
Chad Daybell- “Hello.”
Lori Daybell- “Are you okay?”
Chad Daybell- “No, they’re searching the property.”
Lori Daybell- “The house right now?”
Chad Daybell- “Yeah, yeah. [Unintelligible, possibly ‘not the house.’] So, Mark Means will be talking to you.”
Lori Daybell- “Okay. What, are they in the house?”
Chad Daybell- “No, they’re out in the property.”
Lori Daybell- “Are they seizing stuff again?”
Chad Daybell- “They’re searching. There’s a search warrant and so [unintelligible] with the kids.”
Lori Daybell- “Okay.”
Chad Daybell- “So yeah, saw you’d tried to pull up a, a call. I’m glad you called.”
Lori Daybell- “Yeah.”
Chad Daybell- “So, we’ll see what transpires.”
Lori Daybell- “‘Kay.”
Chad Daybell- “[Unintelligible]”
Lori Daybell- “What do you want me to do? Pray?”
Chad Daybell- “What?”
Lori Daybell- “What do you want me to–”
Chad Daybell- “No, [talking over Lori] I’m sorry.”
Lori Daybell- “[Laughs]”
Chad Daybell- “Well, [unintelligible]”
Lori Daybell- “Mmmkay. What can I do for you?”
Chad Daybell- “I’m [unintelligible] pretty calm. I would call Mark, though. We need, can you just talk with him?”
Lori Daybell- “Have you talked to him already?”
Chad Daybell- “[Unintelligible, possibly ‘I’ve tried to call him since.’]”
Lori Daybell- “So he knows what they’re doing?”
Chad Daybell- "Yeah. Looks like I’ve, a call from somebody else who I need to talk to, honey. I love you so much.”
Lori Daybell- “Okay. I love you. Should I try to call you later?”
Chad Daybell- “Umm, I don’t know. I, I don’t know. Uh, you can try, yeah. I’ll answer if I can.”
Lori Daybell- “Okay.”
Chad Daybell- “I love you and we’ll talk soon.”
Lori Daybell- “Okay, baby, I love you.”
Chad Daybell- “Okay. Love you. Goodbye.”
Wood asked Kaaiakamanu what time the call was. He said that it was around 11am. Wood had no further questions for Kaaiakamanu.
Prior then began his cross-examine. He asked Kaaiakamnu if he was at the Daybell residents on June 9th, 2020. He said yes. He testified that there were more than 30 other officers at the scene that day.
Prior then asked about Chad mentioning on the phone that he was at his daughter Emma's house, which was kitty corner to Chad's home.
Prior asked if Chad had any restrictions on June 9th while he was at Emma's house. Kaaiakamanu said at that time no.
Prior then asked him to confirm that Chad had said in the phone call that he had talked to Mark Means. Kaaiakamanu said that was correct. Prior then asked him if he knew who the person was calling that interrupted Chad’s call with Lori. Kaaiakamanu didn't know.
Prior then asked him if 30 plus officers arriving at an average citizen's house would make them nervous. Kaaiakamanu replied "To an average citizen, yes."
Prior said that in the call with Chad, Lori mentioned the “search again”. He then asked Kaaiakamanu how many times officers had searched Chad’s home before June 9th, 2020. Kaaiakamanu answered they went in January 2020. Prior asks if officers ever showed up unannounced at Chad’s house to search the property. Kaaiakamanu said no, they had a search warrant when they went out there.
Prior asked Kaaiakamanu if he has interviewed Melanie Gibb, one of Chad's neighbors, i think he said Mathew Price, Zulema Pastenes and Chad's son Garth Daybell. Kaaiakamanu answered yes. Prior then asked Kaaiakamanu where he interviewed Garth. He said that he interviewed Garth at the Rexburg Police Department. He said that he also showed up with Special Agent Ricky Wright to the school, where Garth was working, to advise him of the findings of his mother's death. Prior wanted to know if when they took Garth in for the interview to the RPD, if he had a choice. Kaaiakamnu said that at that point Garth didn't have an option. Prior asks how long Garth was at RPD for the interview. Kaaiakamanu said that it was for a couple of hours. They got him McDonald’s and a soda and waited for Garth's attorney to show up before they conducted the interview.
Prior asked Kaaiakamanu if he had reviewed the audio and video tapes of Chad and Emma from June 9th. He said no.
Prior then asked if besides law enforcement if there was anyone else on Chad's property on June 9th and or June 10th of 2020. Kaaiakamanu said that the Freemont County Corner was there as well as a few cadaver dogs. They worked from 7 a.m. to 4 or 5 p.m. Prior had no further questions for Kaaiakamnu at that time.
Wood had some re-direct questions. He said that Prior spoke to Kaaiakamanu about how people get nervous when police show up and how that is a normal reaction. Wood then asked Kaaiakamanu if he had listened to multiple jail calls between Chad and Lori when she was in custody. Kaaiakamanu said yes. Wood asked if the tone of the phone call on June 9 was a different tone from the couple's previous phone calls. Kaaiakamanu said yes. Wood asked Kaaiakamanu if he was present on June 9th when Chad drove away. Kaaiakamanu said he was. Wood asked Kaaiakamanu if he knew what was happening around that time. Much to Prior's object which Judge Boyce overruled, Kaaiakamnu answered that when Chad drove away, police were looking for two bodies on his property. Wood asked Kaaiakamanu if he knew that one of those bodies was being discovered as Chad drove away. Kaaiakamnu said yes, JJ Vallow’s. Wood had no further question.
Prior questioned Kaaiakamanu on the phone call again. He asked if there were 30 officers on the property, there would be a different tone. Kaaiakamanu said yes. Prior asked Kaaiakamanu if he was aware Chad was going to get an attorney. Kaaiakamanu was not. Prior had no further questions at that time.
Rexburg Detective Eric Wheeler was the next witness to take the stand with Fremont County Deputy Prosecuting Attorney Rocky Wixom doing the questioning. Wheeler has worked for RPD for 18 years. He was first patrol officer, then a patrol sergeant before becoming a detective.
Wixom asked Wheeler if he assisted on the search on June 9, 2020, at Chad's property. He replied yes, said that it was his role was to maintain scene security, traffic and crowd control while investigators conducted the search.
Wixom then asked Wheeler if he found anything during that search. Wheeler said that he found remains of Tylee and observed the remains of JJ. He says Tylee’s remains were found near the fire pit and JJ’s remains were found near the pond.
Wheeler testified that when he arrived on scene, he helped maintain traffic and stood by as detectives served the warrant to the occupants inside the home. His role was to standby and observe the occupants of the home as they were coming and going.
Wheeler arrived at Chad's house just after 7 a.m. He said that they were multiple law enforcement agencies were involved in the search such as the Rexburg Police, Fremont County Sheriff’s Office and the FBI.
Wixom asked Wheeler when it was that he personally first saw Chad that day. He said he first saw Chad leave the home around 7:30 a.m. when he moved his vehicle from the back driveway to the west front driveway and backed his vehicle in. He testified that that spot had a better vantage point of the pond and firepit area. Wheeler said that Chad just sat in his vehicle on his phone for quite some time. He said that there were multiple times when he saw Chad looking “awkwardly” over his shoulder toward where the investigators and cadaver dogs were working. He said that there was one time that Chad appeared to be suspicious about something in the pond area. Wheeler said that Chad exited the vehicle and walked towards the rear of his vehicle and looked in that direction of the pond. Wheeler said that Chad then got back in his vehicle and was on the phone for a little bit longer before he drove to Emma's home. He said that Chad was at her house for about an hour and a half. Wheeler said that then Chad left Emma's house in a hurry with something in his hand and got into his vehicle and took off.
Wheeler said that there were assigned detectives responsible for following Chad if he went certain places and Detective Schmidt was one of those detectives. Wheeler said that he told Schmidt that Chad was leaving and about that time other investigators that were in the back of the property came jogging over said hurry and go stop him.
Wheeler said that he was in a marked vehicle when he stopped Chad.
He said that in his opinion Chad was going before he stopped him right around the Fremont Madison County line. Wheeler said at the time all he had was a request to stop him. He said that the other detectives that had made that request were right behind him, so he asked Chad to exit his vehicle and explained that the detectives were on their way to talk to him. Wheeler said that Chad wasn't shocked or surprised that he got stopped and complied to the request.
Wixom asked Wheeler if at that point in time did any other law enforcement become involved in contact with Chad. He said yes, Lieutenant Ball and detective Hermosillo and a few other officers. Wixom then asked Wheeler if he was ever instructed to arrest Chad. He said that he placed handcuffs on Chad and told him that he was being detained and then put him in his patrol vehicle. Wheeler said that the detectives advised Chad that they had found JJ.
Wixom then asked Wheeler if he had a camera system in his vehicle. He said yes that he has three different cameras that are linked together. One is inside where they put their prisoners, one is the dash cam and then the one they wear which is their body cam.
Two exhibits were then entered into evidence. The first exhibit was a copy of the video from the dash cam the other was a copy of the video from a body cam outside the vehicle. Clips were then played in court from the first video.
The video showed Chad in the backseat of the car. Emma came up to the side of the car and told her dad that she didn't want him to be alone and that “I love you so much”. She then gave Chad a hug and he said that he loved her and was glad that she came over. Emma said that she thought they had taken him already. Chad said that he got about to the Freemont County line.
Chad told the officers that Emma was concerned about Chad's car and wanted to know if Emma could get it and that she left some bananas in there. The officer told Chad that Emma could have the car after they search it since he was arrested in it.
Chad then wanted to know if Emma could take his wallet that he had on him. Lt. Ball asked if he could look through it first. Chad replied sure.
Emma said she was going to get "Mark."
One of the officers asked Chad if he was going to need anything from his wallet. Chad said that Emma would be running his finances. Chad gave Emma his credit cards and then told her there was about $9,000 in a middle drawer in Mark’s room. He then told her the password to his bank account. He then told her the company business card was in the same drawer as the $9,000. He said that later they would talk about the car. Chad told Emma the card used for Telmate. Emma said she already has a Telmate account that she had been talking to Lori on. Chad told Emma he puts $30 a week on Lori’s commissary.
Emma started to cry and said, “I love you so much!” Chad said, “I’m sorry” and told her to cooperate with police “as much as you feel.” Emma said, "The police have been kind to us today."
She then said she texted John Prior, so he had her number. Chad continued to explain financial information to her.
Emma said to her dad that it sounds like he won’t be out for a while. Chad chuckled and said, “Right.” Emma said that she would stay in his house and take care of things.
Wheeler testified at that point Chad had not been arrested.
Emma cried and said that she would take care of her brother Mark, and her brothers and Chad the best she could. Chad told Emma to keep paying the mortgage out of the company account. They then discussed the car payment. Chad then said, “I’m not coming back.” He told then told Emma that his and Lori's stuff was in the baby's room and to put it in the garage. Chad said told Emma that "i hope things slow down for you guys and you get left alone." He then told Emma the house was essentially hers and he would talk to Prior about financial arrangements. He continued to talk about money and maybe refinancing the house.
Emma said that the spirit had been telling her she would be moving soon and now she knew why.
Emma asked Chad if things could be sent from Amazon to the jail. He said yes and that Lori would know the Amazon account. Chad said he had around $265 in gift certificates in his Amazon account.
Chad told Emma that she probably could take the computers because they weren't part of the search warrant. He said that they were in his bag in his car. Emma then asked one of the officers if she could take the computers. He said no. Emma then asked the officer about the items in the house. He said that he didn't know what items would be taken.
Chad told Emma that it would all work out, that it was all in the Lord's plans. Emma cried and said that she was going to miss him "so much". Chad told her that he wasn't sure if he was going to Madison or Fremont. He said he was sure Fremont has a Telemate system so they can talk. Chad said all the neighbors were going to talk. Emma said they already were. She them told Chad, “We’re ok dad. We’re ok. You raised us so we are independent now. I’m not Colby”.
Emma and Chad continue to discuss finances. Chad told her that he spoke with Lori for a few minutes. Emma asked if Lori was surprised. Chad said, “She seemed bothered or disturbed.”
Emma told Chad that they had told her that they had found human remains and that she had told them that there were several dogs buried there. Lt Ball told her that they can tell the difference between human remains and animal remains. She said she had asked him where the remains were found, and Ball had told her over under the tree in the grounds with boards over it. Chad said, “ok.” Emma said, “I can see in your face that it surprises you.”
Emma told Chad that they told her that they found one body with probable cause and there is likely two. She said that she asked them if they were going to search the property forever. She said that the officer said no, but they were going to look. Emma said she had told the officer that the house was where her family stayed and that she had a baby. She said the officer told her not to worry that they'd hook her up with a hotel. Chad told Emma that there was nothing in the house.
Wheeler confirmed to the court that the search was all outside the home.
Emma said she called Mark, her brother, and told her that dad was arrested. Chad told Emma he loved her and they hugged. He said they can talk on Telemate.
Wixom skipped ahead and played a short clip. He then asked Wheeler what direction and where was Chad looking in. Wheeler said Chad was looking at the fire pit area, where Tylee’s remains were found.
The court had taken a morning recess. Prior began the cross examination of Wheeler. He wanted to clarify Wheeler’s role the morning of June 9th. Wheeler testified that he assisted in traffic control and secured the front of the property. Prior then asked how many officers were at the home. Wheeler couldn't testify to that but confirmed multiple agencies such as the FBI, Freemont County and Rexburg County. Prior asked about any citizen's on the property. Wheeler said there wasn't any.
Prior asked Wheeler if he was with Rexburg at the time. He said he was. Prior then asked about the cameras on his vehicle and person. Wheeler confirmed that he had a camera in his vehicle and one pointing outward. He also confirmed he had a body cam and he was wearing on that day.
Prior asked Wheeler explain what Chad did that morning. Wheeler said that Chad got into his car, moved it to the west side of his home, then took it to the home kitty corner to his property and then left southbound.
Prior asked Wheeler when it was that Chad was advised remains had been found on the property. Wheeler said that he was told during the traffic stop.
Wheeler confirmed Chad was in Emma’s house for 90 minutes to 2 hours.
Prior asked Wheeler if Chad could just be nervous and curious because of all the police officers looking on his property. Wheeler said that that could be the case.
Prior asked Wheeler to clarify Chad speeding off from Emma's house. Prior asked what the speed limit was in front of Chad’s house. Wheeler says it was 50 mph. Prior asked if it would be unusual for someone to accelerate once they get on the highway. Wheeler said no.
Prior asked Wheeler if and when he was able to look at his body camera footage. He said a few days ago. Prior asked about Wheeler’s conversation on the video before Chad was taken into custody. Wheeler said he couldn't quite remember the discussion. Prior then published the body cam footage.
In the body cam footage Det. Ball walked up to Chad and told him that they had found JJ on his property and that he was going to be detained. Chad said something inaudible, and Ball responded, “Your attorney can now come to you.”
Prior said it appeared was in the process of seeing his lawyer in the morning. Wheeler said he couldn't testify to that.
Wheeler confirmed that Chad was then put into handcuffs and placed into the backseat of his car. Prior asked at what point was Chad advised they found a body on his property. Wheeler said it was right at that time.
Wheeler confirmed that while Chad was sitting in the back of the police car, he was allowed to talk to Emma. Prior said that Chad didn't know what he was charged with at the time. Wheeler said correct. Prior discussed how Chad spoke with Emma about their credit cards, business accounts, etc. Prior said that the purpose of was unknown. Wheeler said correct.
Prior then talked about where Chad was originally parked. Prior asked if where Chad parked gave him the best view of the fire pit and the pond. Wheeler said he was unsure about the pond but yes on the fire pit.
Prior says he’s having difficulty understanding why Chad moved his car if Chad had a good view of the fire pit and the pond and the tree where JJ was found if his motive was nefarious. Wheeler said that Chad was told to move by law enforcement.
Wheeler said that Chad turned his head 4-5 times to look where police were working and that he appeared to be nervous. Prior repeated again about all the people on Chad's property possibly making him nervous. Then Prior asked Wheeler if Chad ran at that point. Wheeler said no. Prior said that Chad when over Emma's property for 90 to 2 hours. Wheeler said that was correct.
Prior asked Wheeler about the statement Emma made to Chad that she "could tell by his reaction that he didn’t know what was going on out there." Wheeler said he remember that.
Prior said that after Emma left Wheeler had testified that Chad had looked back at the fire pit area. Wheeler said yes, multiple times.
Wheeler testified that he had dropped Chad off at the jail at 12:45pm and returned to Chad's home at 1:30 p.m. After he returned, he was assigned to help in the fire pit area. There were multiple people at the fire pit who were coming and going. Shovels, sifters and hand tools were used to dig in the dirt. Wheeler testified that he was there for a significant time of the excavation. Prior had no further questions.
Wixom then asked some re-direct questions. He asked about someone getting nervous during a typical traffic stop. Wheeler said most people get a little nervous during traffic stops. Wixom then asked, "If someone is about to be discovered in a crime, about to be caught in a crime, have you ever experienced someone just acknowledging that and surrendering because they are caught?” Wheeler said it is common for suspects to try and distance themselves.
Wixom asked if someone knew they had bodies buried on their property and law enforcement was looking there, could it make them curious. Wheeler said yes.
Wixom then asked him if someone who had bodies buried on their property might accelerate quickly to get away from the property. Wheeler said yes.
Wheeler confirmed that he was present when Tylee's remains were discovered. Wixom then asked Wheeler if he was familiar with the pet cemetery. He said yes. Wixom asked Wheeler to confirm if some of Tylee's remains were found at the pet cemetery. He said they were found in that area.
Wixom asked Wheeler if he could tell the jury what kind of efforts and cautions were made to uncover Tylee's remains. Wheeler replied that the majority of what he did was on his hands and knees using brushes to remove portions of dirt away from the mass that was found. Wheeler said they personally found a portion of a skull, flesh and other bones in a bucket melted. He testified that other than JJ and Tylee, no other human remains were found on the property.
Wheeler said all conduct by law enforcement in recovering the remains that morning was careful so they wouldn't lose anything.
Wixom asked Wheeler "If someone gets in a car quickly or appears to, what can that be indicative of?" Wheeler said that it could be that they have knowledge that something's going to be found or some guilt. Wixom asked if that go back to that term consciousness of guilt.
Prior objected in the last question was stricken from the record.
Wixom asked Wheeler if when he stopped Chad and had him get out of the car and come back to the back if he was met by the 4 or 5 officers including Lieutenant Ball. Wheeler said that that was right.
Wixom said that they just watched a video where the first thing lieutenant Ball said was "We found JJ's remains." Wheeler agreed.
Wixom asked Wheeler if he ever saw anyone go into the house to search for remains. Wheeler said he wasn't aware that anyone did.
Wixom asked Wheeler what direction was Chad looking when he was looking over his right shoulder in the patrol cam. Wheeler said at the fire pit and the pet cemetery. Wixom had no further questions.
Prior has some follow up questions. Prior asked Wheeler if he spoke to any other law enforcement officer during the break. Wheeler said he did not. Prior asked about Chad leaving when he learned about the remains being found on his property. Wheeler explained when he left, it was from Emma’s residence shortly after Wheeler learned JJ’s body had been found. Prior asked if Chad knew at the point he left Emma’s house, if Chad had been told anything about the remains being found. Wheeler said at that point it was unlikely.
Wheeler testimony was concluded.
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