BOISE, Idaho — Thursday, May 15, marked day 25 of Chad Daybell's high-profile murder trial. What began with questioning, ended with a tense motion hearing over the validity of Daybell's indictment.
His attorney, John Prior, began with continued cross examination of FBI investigator Ricky Wright, followed by the first witness of the trial, Rexburg Detective Ray Hermosillo, being called back to the stand and Idaho Attorney General investigator Nicholas Edwards, who testified with a detailed correspondence timeline and text messages leading up to and following Tammy Daybell's death.
After testimony concluded on the 15th, the state rested their case, which opened the door to an error in the indictment document. Per Idaho Code, when the state rests its case, they cannot make any further changes to the indictment so the error applied pressure to prosecutors.
The indictment in this trial came under question on Thursday, after an error in JJ Vallow's death date was made in a Feb. amendment. After hearing arguments from both state and defense, Judge Steven Boyce noted that the amendment itself wasn't approved, meaning the indictment would still be valid, as the previous versions of the document had the proper death date for JJ Vallow.
Court was out on Friday, giving the jurors a longer weekend before defense begins its case.
The trial is expected to last one to three more weeks.
Live Updates:
3:04 p.m.: Testimony continues about Joseph Murray borrowing tools from the Daybell shed, and how it was never locked. Testimony goes on, with chats about a FitBit competition. Tammy, and Joseph's parents and Emma Murray would all compete to get the most amount of steps. There is a sidebar to discuss scheduling, and court is adjourned for the day so Joseph Murray can continue his testimony tomorrow.
2:47 p.m.: Joseph talks about how he now owns the Dodge Dakota that Tammy was driving before her death. Then, they talk about the ownership of the truck and the day Tammy died. Joseph testifies that he came to the Daybell house to drop some keys off, and Joseph witnessed Tammy sitting on the couch.
2:35 p.m.: Court is back in session for the rest of the afternoon. Defense calls the next witness, who is Joseph Murray, Emma Murray's husband - also Chad's son-in-law. They have been married almost 7 years, with three children. Joseph testifies about the paintball gun incident, with Joseph asking Prior for more details about the question asked. Many objections occur for hearsay. Testimony continues about the day that Tammy Daybell was shot at.
2:03 p.m.: Garth is excused from the stand, and the next witness is called to testify. Defense calls Forrest Fisher, he's an attorney in Idaho. In December 2021, Fisher represented Garth Daybell when Garth was questioned by police. Fisher cannot recall what charges were being brought forward for Garth. Fisher remembers some advice he gave Garth, which was answer only questions that were being asked. A few more questions, and then direct examination concludes. Lindsey Blake proceeds to cross examination. There is very few questions asked, and then the witness is excused. Mid-afternoon break takes place now, and court will be back in 20 minutes.
1:48 p.m.: Redirect takes place, with Garth testifying that it was Madison County and Fremont County that were trying to perjure him. Daybell asks one or two more questions, then wraps it up. Blake asks for a limited scope re-cross examination, where she asks one question - if Garth ever changed his testimony. He said he has not. Prior requests a sidebar. There is a special matter to take care of with the next witness, but it must be taken up outside of the jury and public. Counsel and Judge Boyce leave the room. There will be a short break.
1:34 p.m.: Garth's direct examination concludes, and Lindsey Blake takes the podium to begin cross examination. Blake asks about Tammy's exhumation. Then, Blake asks if Garth ever saw Tammy with guns, specifically paintball guns. Garth had never seen her with guns or a paintball gun. Garth then testifies about the day Tammy died. Garth was woken up by a 'thump' or similar noise. When he saw his mother on the floor, his first thought was that he needed to help her so that's why he moved her back to the bed. After a few more questions, one of which thoroughly confused the witness, cross examination concludes.
1:23 p.m.: Garth then testifies about May 7, 2021. It was supposed to be a normal school day for Garth, but instead he was greeted with a flurry of law enforcement officers. The police surrounded him, and Garth felt like he had to no choice other than to go with them. Both Garth and his wife were detained and questioned for several hours. Garth then was told by law enforcement that he would be indicted that if he did not change his story. Garth is also LDS, just like his other family members. Garth's beliefs differ a bit from his fathers, with Chad believing more traditional teachings - or teachings that happened over 100 years ago.
1:14 p.m.: Testimony continues about the attempted shooting of Tammy Daybell that happened weeks before her death. According to Garth, Tammy was certain that it was a paintball gun that shot at her, but the gun jammed. She then Googled a picture of a paintball gun, showing it to Garth, Chad and a law enforcement officer. Then, Garth testifies about the night Tammy died. Garth worked part-time as a scare person for a haunted house, and worked until about 1 a.m. A few hours later, Chad woke Garth up. Garth tried to help his mother, and moved her body. That was when he realized she was still and cold. Garth was also part of the funeral planning.
1:04 p.m.: Court is back in session for the afternoon. The witness, Garth Daybell, has returned to the stand, and the jurors are brought back in. It's still direct examination, and John Prior asks how many times Garth and Prior had met before this testimony. It was only three times, including today. Now, they talk about Sept. 9, 2019. Garth worked that day, coming home late afternoon. That afternoon, Chad approached Garth as Garth got home. Chad was eager to talk about the killing of a pesky racoon. Garth testifies that the racoons were buried behind the silver shed. Then, they talk about Tammy's health. Garth testifies that she would work all day, come home and collapse. Garth had other concerns about Tammy's health. Garth was his mother's "muscle" and would do the heavier lifting for her.
11:41 a.m.: Garth Daybell is the next witness from defense. He is Chad and Tammy Daybell's son, and the brother of the previous witness. He's the oldest child. At the time of Tammy's passing, Garth was living at home. Garth considers himself pretty shy, and is a bit awkward on the stand. Garth mixes up which car which parent drove. Opposite of his sister's testimony, Garth states that it was Chad who primarily drove the Dodge Dakota. Garth testifies about the shooting of the racoon. While Garth answered questions about the pet cemetery, Judge Boyce asks for a sidebar. Lunch is taking place now, so Judge Boyce can handle some housekeeping things outside of the jury's presence.
11:37 a.m.: After the video is played, Blake asks a few more questions before concluding cross examination. Redirect takes place now, with John Prior publishing an exhibit. The exhibit is the insurance documents that were brought up earlier. Prior asks about the signatures on it. Then, Prior asks about the children's locations - before they were found. Prior alludes to the fact that Lori Vallow knew, but Chad never knew about the kids location. A few questions later, Emma Murray's testimony concludes. She may be recalled by defense at a later date, said Prior.
11:27 a.m.: After some technical issues playing the video, it's played in court. The video is of Emma and Chad talking to each other during this arrest. Chad is seen in the back of a police car, with the backdoor open for Emma to talk to him. Chad talks about money with Emma in the video. Chad also talks about how he reaches out to Lori Vallow, through Telemate, and how Chad puts money on her commissary card weekly.
11:06 a.m: Emma asked her dad, Chad, where Tylee Ryan and JJ Vallow were. "In a safe space," is all Chad would tell his daughter. Prosecution then asks where the children were found. Emma responds, "my dad's backyard." On Sept. 8, 2019, Emma said she looked up windspeed on her family's computer. Blake asks a serious of questions about this, alluding to the fact that it seems more likely that Chad looked it up, as Tylee Ryan was dead around that date. They now discuss the date in which Tammy Daybell passed. Emma testifies about the number of people present and who was who. Chad provided Tammy's medical history to the corner and law enforcement, and Emma was present.
11:00 a.m.: Prosecution provides an exhibit for the witness to review. It's the insurance form that Tammy filled out for health insurance. It was health insurance for just Tammy, not Chad. Emma previously stated that the policy was taken out for Chad. It was a $80,000 policy. Blake asks about Tammy's familiarity with paintball guns. Emma says Tammy was familiar, but then when pressed further, Emma cannot recall ever seeing her mom around a paintball gun.
10:50 a.m.: Cross examination takes place, with Lindsey Blake asking questions about how often Emma talks to Chad. The two talked nearly daily. Blake reminds the witness of a phone call from Chad, where Chad told Emma to not cooperate with law enforcement. Around Nov. 23, 2023, Emma visited Chad in jail, where Chad informed Emma to say certain things to prosecution. Emma struggles to answer questions from Blake, creating a difficult witness situation. Emma seemingly cannot remember, or doesn't know, the answer to most questions Blake is asking, despite having answers when similar questions were asked from defense. Emma talks about Tammy's love for videogames, and how Tammy played a workout game on the Wii. Tammy voluntarily would attend workout classes.
10:44 a.m.: Emma talks about meeting with Det. Hope while she was at work. She wanted to know why Det. Hope was reaching out to the family, and why Det. Hope was asking for Chad's whereabouts. Emma told Det. Hope that Chad was in Hawaii, but Det. Hope couldn't get ahold of Chad. They talk about Chad's arrest, on June 9, 2020. Chad was at Emma's house that day, and Emma watched Chad leave her house, nearly fleeing the scene. Emma said he wasn't speeding, but only going the speed limit. He didn't appear to be in a hurry, said Emma. Several objections take place. Prior concludes direct examination.
10:35 a.m.: After more objections from prosecution, Prior asks more questions about the pet cemetery on the Daybell property. More objections from prosecution. With Emma living so close to the Daybell property back in the 2019 time frame, Prior asks if it was normal for them to shoot and kill animals, burying them in the pet cemetery. Tammy would bury a variety of animals in the cemetery, as she felt bad for the animals. She would even bury dead cats, who didn't belong to the Daybell's. Prior then asks about law enforcement during this investigation. They talk about Detective Hope, from the Rexburg Police Department. Det. Hope had come to the Daybell's to inform them that Tammy was exhumed. No one in the family, both Daybell or Tammy's family, knew about the exhumation.
10:17 a.m.: Court is back in session, the mid-morning recess is adjourned. There was an objection before the break, and Judge Boyce wants to address it before the jury is brought back in. Boyce is allowing both parties to state their arguments. After he makes a ruling, the jury is brought back in and direct examination testimony with Emma Murray continues. Piror asks about the location of Vallow's children were. In Nov. of 2019, Emma believed that the kids were "in a safe place", but that was all the information that Emma had. Prosecution objects to several questions of Priors, which results in Judge Boyce asking for a sidebar. After the sidebar, Prior asks Emma about the planning of Tammy's funeral service. According to Emma, the mortician only had the following Tuesday, or following Saturday, available. They went with the Tuesday, with the funeral being in Springville, Utah - mostly because Tammy's family was still there. Another sidebar takes place after a few more questions. Now, Prior asks about Chad shooting a racoon and sending Tammy a text about it.
9:43 a.m.: After some objections, Judge Boyce takes the mid-morning break at this time. The jury is let go, but Judge Boyce asks counsel a few questions. They are discussing co-conspirator statement made by Lori Vallow, and if it's admissible.
9:38 a.m.: Seeing his wife die was very traumatic for Chad Daybell, said Emma. The month after Tammy Daybell died, the Daybell family went to California around Thanksgiving. Several Daybell children were present - Emma, Garth, and Leah were there, with Emma and Leah's spouses and children joining. They flew out of Salt Lake City, and went to Knott's Berry Farm. After that trip to California, he told his kids he was moving to Hawaii. Lori Vallow also attended Knott's Berry Farm with them. Vallow arrived about 12 hours after the Daybell's and arrived via car.
9:30 a.m.: Chad's books come up. He wrote a lot about historical fiction, mostly about the church they were a part of. It wasn't scripture, said Emma, and it wasn't something that was to be believed. Just like Tammy, Chad was very introverted. Both Tammy and Chad were "bookworms" as described by John Prior. Chad like talking in front of groups however, wanting to share his religious views and teachings. They now discuss the death of Tammy. Emma testifies about what she told Corner Brenda Dye. Emma didn't want the body to have to be transported to Boise, and Emma personally disagrees with autopsies. Chad never said anything about autopsies to the corner. "He never expressed an opinion" said Emma.
9:18 a.m.: Chad's religious beliefs come up. "They were very traditional," said Emma, discussing the teachings of their church. Both Emma Murray and her father Chad are members of the Jesus Christ of Latter Day Saints, or LDS. Chad would read a lot of Joseph Smith and Bingham Young teachings. The 'light and dark' system is brought up. Light and dark is more "motivation" based. Tammy shared these beliefs of the light and dark as well, with Tammy sharing more traditional LDS beliefs. Tammy would even assign people light and dark scale numbers, even completing castings - or removing of evil spirits. Emma talks about how she has suffered from anxiety for a long time, feeling like a being was in her. Chad used the power of his priesthood to cast the spirit out of Emma, who reportedly felt better after the casting with less anxiety.
9:14 a.m.: Earlier in testimony, it was heard that there was a Google search for wind speeds near the day Tylee Ryan died. Emma said that it was her that made that Google search. She was late to the smart-phone game, so using a desktop was normal for her. Emma then discusses the business that Tammy and Chad ran, a publishing company. Tammy designed covers, did the taxes and ran the books. Both Chad and Tammy had shared passwords, both had access to everything. Tammy often saved her passwords, so you wouldn't have to type them, the browser would remember. Now, they discuss the Daybell property - where Tammy Daybell, JJ Vallow, and Tylee Ryan's bodies were all found. They talk about the addition to the home, the Cozy Cone. All the Daybell kids would use the Cozy Cone, playing musical instruments. Emma said you could turn a guitar amp all the way up, and no one would hear it.
9:03 a.m.: Chad and Tammy's daughter, Emma, continues to testify. She lived diagonally from the Daybell property. She now lives on the Daybell property. Around the time of Tammy's death, Emma was training for a 5K race, but Tammy did not run it. Tammy may have helped people across the finish line, which is what other witnesses testifies to, but Emma says she did not run. Now they discuss gym classes that both Emma and Tammy took. Emma says that she was personally overweight, and wanted to get in shape. Tammy was in a similar boat, and just wanted to get in shape.
8:53 a.m.: Emma testifies about the school she and Tammy worked at together. It was reportedly a small building, easy to get around it. Tammy worked as a librarian, and the week following her death there was to be a book sale. Tammy was preparing for the book sale in the days leading up to her death. Tammy also worked in the computer lab, which was next door to Emma's classroom. "It was hardly a walk," Emma states about the distance between their classrooms. Emma also testifies that Tammy was a bit of an introvert. Emma testifies that Tammy didn't really talk about health with her coworkers. Tammy was an hourly employee, so it was critical she attended work. Tammy had a FitBit watch, wearing it regularly. She got it to increase her physical fitness.
8:43 a.m.: The jury is brought in and defense calls their first witness. Emma Murray is the witness, she's Chad and Tammy Daybell's daughter. She has since married, hence the name change. She was subpoenaed by both prosecution and defense, with defense asking her to not view any of the trial. John Prior, the defense attorney, asks Emma how many times she met with Prior - it was only about 3 times. She was instructed to tell nothing but the truth. She lives in her parent's old home - the one that Tammy died within and the kids bodies were found. Emma talks about Tammy's declining health. Emma remembers Tammy sleeping a lot, sometimes even going to bed before dinner. Emma was later diagnosed with sleep apnea, which Emma believes her mother also suffered from. Tammy was prescribed Prozac, but Tammy preferred natural supplements. Emma also says that Tammy bruised easily.
8:38 a.m.: Court is now in session for the 26th day of the Chad Daybell trial. Prosecution rested their case on Thursday, no court Friday, and defense begins to call their witnesses today. Before the jurors are brought in, Judge Boyce brings up the indictment. The court made a ruling on Thursday about the indictment, allowing count 4 to stay on the indictment. There will be a special jury instruction for count 4 of the indictment. Judge Boyce gives a shoutout to his staff attorney for helping find the error, and making the special jury instructions.
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