Chad Daybell trial live: New witness casts doubts on cult prophet’s son’s story about mom’s death
Chad Daybell’s trial began on April 1, about a year after Lori Vallow was convicted in the 2019 murders of Tylee Ryan, JJ Vallow, and Tammy Daybell
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A new rebuttal witness for the prosecution testified that Chad Daybell’s son Garth had told him how he found his dead mother Tammy Daybell, which is different from what Garth told the court at his father’s triple murder trial earlier this week.
Shortly after the defense rested on Thursday, Jason Abegelen, who worked with Garth at a haunted house, recalled that Garth told him how he found his mother dead in the bedroom and that his father was not there.
But Garth had testified that in the early morning hours of October 19, 2019, his father woke him up to help after finding the mother-of-five dead and halfway off the bed on the floor, tangled up in sheets.
Daybell, 55, is on trial for the death of Tammy, and the murders of Lori Vallow’s two children, Tylee Ryan, 16, and JJ Vallow, seven. Two weeks after Tammy’s death, Daybell and Vallow married on a beach in Hawaii.
It was only after the children were reported missing – and authorities began delving into the couple’s bizarre cult beliefs – that questions were asked about Tammy’s death and her body was exhumed for an autopsy. It was determined she had died of asphyxia and Daybell was charged with her murder, as well as the murders of Vallow’s children, who were found buried in Daybell’s Idaho backyard nine months after they went missing.
Prosecutors say Daybell and Vallow justified the three killings by creating an apocalyptic belief system, which was part of an elaborate scheme to eliminate any obstacles from their life.
But Daybell’s attorney claims he was manipulated by Vallow, who was convicted of the murders last year and received three life sentences.
Like Vallow, Daybell did not testify in his defense.
Closing arguments are expected to be next week and then the case will be in the hands of the jury.
If convicted, Daybell faces the death penalty or life in prison.
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Defence asks judge to dismiss the murder charge for JJ Vallow
Chad Daybell’s defence attorney John Prior argued the state does not have any right to ask for an amendment at this point in the trial.
He cited a rule that says the court can allow an amendment before the state rests – but not after.
“They have to make any amendment and correction prior to resting their case,” he said.
He pointed out that four attorneys on the prosecution had over a year to review this.
Court in recess
Judge Boyce told the court he needs to take a recess before he rules on the motion.
But noted he understood that this should be dealt with as soon as possible.
Boyce said the court will be alerted when he’s ready to rule.
Judge denies motion to acquit Chad Daybell on all charges
An Idaho judge overseeing Chad Daybell’s triple murder trial has denied motion to acquit the “doomsday” author on all charges, including the charge in JJ Vallow’s death.
The ruling comes after Daybell’s trial was thrown into chaos on Thursday when Judge Steven Boyce pointed out a “clerical error” the prosecutors made in an amended indictment.
The state will be allowed to make the changes.
ICYMI: Judge finds error in Daybell indictment
Earlier on Thursday, Judge Steven Boyce pointed out “an issue with the indictment” after the state rested.
The indictment, which was amended on 20 February 2024, listed JJ Vallow’s death as being between September 8-9, 2019.
Judge Boyce pointed out that JJ was “clearly alive on those days.”
JJ was last seen alive on 22 September, based on evidence. And it’s believed Tylee was killed between September 8-9, 2019.
An indictment filed on 25 May 2021 lists the dates as the 22nd and 23rd of September of 2019.
Attorney Lindsey Blake said they were unaware of the error and asked for time, until Monday, to review it.
Daybell’s attorney argued that the prosecution had plenty of time and had already rested its case.
Judge Boyce dismissed the court, giving the attorneys two hours to prepare arguments on the matter. Court will resume at 4:30pm ET/2:30pm MT.
The error was spotted when Prior, asked for a “directed verdict” on the murder charges of Tylee Ryan and JJ Vallow, arguing that there was not enough evidence to show that Daybell was involved in their deaths.
The judge found insufficient evidence to make a ruling on that motion.
WATCH: Bizarre phone call revealed in Chad Daybell trial
In pictures: The Chad Daybell trial
Jury hears Lori Vallow’s name for Chad Daybell’s penis
Text messages between Chad Daybell and Lori Vallow appeared to reveal a nickname the couple had for Daybell’s penis, according to testimony from FBI tactical specialist Nicole Heideman.
One message described how “Elena,” a fictional name the pair used for Vallow when discussing their relationship, “gripped the storm and they stare into each other’s eyes as intense waves wash over them,” according to the FBI agent.
The agent added that “the storm” appeared to be a nickname for Daybell’s anatomy, reportedly drawing a smile from the 55-year-old murder suspect at the defence table.
Josh Marcus reports:
Chad Daybell trial: Graphic testimony as jury hears Lori Vallow’s name for his penis
Revelation came as court considered Chad Daybell’s text messages with Lori Vallow
Watch: JJ Vallow’s grandfather cries outside court after error found in arrest indictment
Who was Tammy Daybell?
Tammy was the former wife of Chad Daybell. On 19 October 2019, the healthy 49-year-old died suddenly in her sleep.
Despite the mysterious circumstances, her husband declined an autopsy and her death was ruled from natural causes.
Less than three weeks later, he married Lori Vallow.
It was only after her two children were reported missing weeks later – and authorities began delving into Vallow and Daybell, their sudden remarriage and bizarre cult beliefs – that questions began being asked about her death.
Retired FBI agent Doug Hart is state’s last witness
On Thursday the prosecution called retired FBI agent Doug Hart to the stand as its final witness in the case.
Agent Hart testified about a text on July 29, 2019 between Chad Daybell and Lori Vallow.
Chad to Lori, “One question: Do you want me to cause pain yet to those two 3s you’re riding with?”
Lori to Chad: “Probably hold off on them till we arrive. They will be a miserable to deal with. But I’ll text you if they start acting up and we can zap them.”
Chad to Lori: “Sounds great. Yes, if they are going to act up, we’ll at least give them a reason to scream. I love, cherish, treasure and adore you.”
Its is uncertain whether the defence will begin their case on Friday, or wait until next week.