Latest / Beyond The Horizon / Mega Edition: Chad Daybell (Part 29-30) (10/25/26)

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Mega Edition: Chad Daybell (Part 29-30) (10/25/26) · Beyond The Horizon

0:00
Speaker 1: What's up everyone, and welcome back to the program. In
0:03
Speaker 1: this episode, we're gonna get to day number 29 of
0:06
Speaker 1: the Chad Daybell trial, and we're going to see Chad
0:09
Speaker 1: Daybell and his team rest their case. Now, that doesn't
0:13
Speaker 1: mean that things are over and done with. There's gonna
0:16
Speaker 1: be a couple of more days for rebuttals. But besides that,
0:19
Speaker 1: and a few other things that have to be taken
0:22
Speaker 1: care of, but besides a few more things, we're getting
0:24
Speaker 1: real close to Justice hopefully smacking Chad Daybell directly in
0:29
Speaker 1: his smug-ass face. Today's article was published by EastIdahoNews.com, and
0:34
Speaker 1: the author of this article is Nate Eaton. 8.20 a.m.
0:37
Speaker 1: It's day 29 of the Chad Daybell trial, and defense
0:40
Speaker 1: attorney John Pryor is expected to rest this morning. Rocky
0:44
Speaker 1: Wixom said yesterday that prosecutors intend to call rebuttal witnesses
0:48
Speaker 1: for one and a half to two days. 8.22 a.m.
0:52
Speaker 1: In the courtroom, and the bailiff reminds everyone not to
0:55
Speaker 1: take photos or record in the courtroom. or in the courthouse.
0:59
Speaker 1: No hats or sunglasses can be worn in the courtroom.
1:01
Speaker 1: Chad Daybell is wearing a blue dress shirt with a
1:04
Speaker 1: red tie. He's seated next to Pryor, and they are
1:08
Speaker 1: whispering to each other. 8.35 a.m. Prosecutor Lindsay Blake, Rob Wood,
1:13
Speaker 1: Ingrid Beatty, and Rocky Wixom are seated at their table.
1:17
Speaker 1: There are around 20 to 30 people in the gallery today.
1:20
Speaker 1: Boyce is on the bench. 8.38 a.m. Jurors have taken
1:23
Speaker 1: their seats. Pryor calls his next witness. Dr. Eric Bartolink. 8.41 a.m.
1:31
Speaker 1: Bartolink is a professor of anthropology at Chico State University.
1:36
Speaker 1: He is the director of the CSU Chico Human Identification Laboratory.
1:41
Speaker 1: Prior asked him to explain his professional background. 8.43 a.m.
1:45
Speaker 1: Bartolink has learned about burned human remains and has personally
1:49
Speaker 1: assisted on over 100 burned remain cases. He assisted in
1:53
Speaker 1: the World Trade Center identification efforts, and his team is
1:56
Speaker 1: the main team who does fire victim recovery for wildlife
2:00
Speaker 1: victims in California. 8.45 a.m. Bartolink is testified in seven
2:05
Speaker 1: day trials. Pryor contacted Bartolink's office to identify the remains
2:10
Speaker 1: of Tylee Ryan. 8.48 a.m. Bartolink went with two colleagues
2:14
Speaker 1: to Rexburg Police Department to analyze Tylee's remains in December.
2:19
Speaker 1: The three forensic anthropologists spent the day analyzing and identifying
2:23
Speaker 1: the remains. 8.50 a.m. Bartolink prepared a report on their findings.
2:29
Speaker 1: We found there were certain areas of Tylee's remains that
2:32
Speaker 1: were absent, Bartolink says. Pryor shows an illustration of a
2:36
Speaker 1: skeleton on the scene. He asked Bartolink to point out
2:39
Speaker 1: parts of Tylee that were not recovered. 8.52 a.m. He
2:44
Speaker 1: lists the body parts that are missing, her arms, legs,
2:47
Speaker 1: a large portion of the ribs. Boyce asks Pryor for
2:50
Speaker 1: a quick sidebar. 8.54 a.m. Bartolink says large portions of
2:55
Speaker 1: the skeleton were missing. Pryor asked Bartolink about his experience
2:59
Speaker 1: working with burned remains. Bartolink says he has done experiments
3:03
Speaker 1: with the deceased bodies to see what happens when a
3:06
Speaker 1: body is burned. Multiple pallets, four to five, similar in
3:10
Speaker 1: size to a large bonfire, were brought in to burn
3:13
Speaker 1: the body. Wixom asks for a sidebar. 8.58 a.m. Boyce
3:17
Speaker 1: says an evidentiary ruling needs to be made outside the
3:20
Speaker 1: presence of the jury. Jurors are leaving the courtroom while
3:23
Speaker 1: the matter is discussed. 8.59 a.m. Wixom objects to the
3:27
Speaker 1: line of questioning with regards to the fire experiment. Wixom
3:31
Speaker 1: says nowhere in the 27-page report that they received from
3:34
Speaker 1: the expert was the experiment referenced. Wixom says the prosecution
3:39
Speaker 1: is entitled to know about the experiment prior to trial
3:42
Speaker 1: so the prosecutor's experts could review the findings. 9.01 a.m.
3:46
Speaker 1: Pryor says the experiment was part of a training exercise
3:49
Speaker 1: to analyze burn marks. Pryor says he can rephrase it
3:52
Speaker 1: from experiment to training. Pryor says he's not suggesting the
3:56
Speaker 1: manner and type in which the remains of Tylee were burned. 9.02 a.m.
4:01
Speaker 1: Pryor says this is a foundational question that deals with
4:04
Speaker 1: Bartolink's experience, not in direct relation to this specific case.
4:09
Speaker 1: With that understood, the prosecution withdraws the objection. Boyce says
4:13
Speaker 1: the questioning is proper for foundations. 9.05 a.m. Jerry's back
4:18
Speaker 1: in the courtroom. Bartolink explains how he did the body
4:22
Speaker 1: burning training. A body does not easily burn without having
4:25
Speaker 1: combustible materials, he says. The wooden pallets were used to
4:29
Speaker 1: help the body burn. Pryor asks if just using gasoline
4:32
Speaker 1: would obtain the same result. And Bartolink says you usually
4:35
Speaker 1: need other types of combustible materials because accelerants don't usually last. 9.07 a.m.
4:42
Speaker 1: Bartolink says he would need a large quantity of wood
4:45
Speaker 1: or other combustibles to burn a body over a long
4:48
Speaker 1: period of time. 9.09 a.m. There are lots of bones
4:52
Speaker 1: and other parts of Tylee missing. Prior asked Bartolink if
4:55
Speaker 1: he was able to determine whether the body was burned
4:58
Speaker 1: when it was intact. Bartolink says based on the burn pattern,
5:02
Speaker 1: Tylee was likely burned as a whole, not in pieces. 9.11 a.m.
5:07
Speaker 1: Prior asks about objects removed from the fire pit. Bartolink
5:10
Speaker 1: says most of the bones in the fire pit lack
5:13
Speaker 1: diagnostic characteristics so they cannot be identified as human or animal.
5:18
Speaker 1: The anthropologist with the FBI noted that there were carnivore
5:22
Speaker 1: marks on one of the shoulders. So that means obviously
5:25
Speaker 1: that there was some scavenging activity by a carnivore. Whether
5:30
Speaker 1: it was a coyote or whatever it might have been,
5:33
Speaker 1: there was some sort of activity detected by the anthropologist. 9.13 a.m.
5:38
Speaker 1: Bartolink says he's unsure. if they were carnivore marks or
5:42
Speaker 1: marks associated with the burning. Pryor asks Bartolink if he
5:46
Speaker 1: can determine whether Tylee was burned on Chad's property or elsewhere.
5:49
Speaker 1: Bartolink can't make the determination as to the day and
5:52
Speaker 1: time when the body was burned. So this guy's really
5:56
Speaker 1: no use for Chad Daybell. What is he providing that's
5:59
Speaker 1: going to change anyone's opinion? Absolutely nothing. 9.14 a.m. Wixom
6:04
Speaker 1: asks Bartolink if he looked at Tylee's autopsy report. He did.
6:08
Speaker 1: He also reviewed FBI reports. Bartolink has a professional relationship
6:13
Speaker 1: with Dr. Angie Christensen, the FBI forensic anthropologist used by
6:18
Speaker 1: the prosecution. 9.16am. Bartolink says his findings are not substantially
6:23
Speaker 1: different than what Christensen found. Wixom asks about whether Tylee
6:27
Speaker 1: could be burned in a two-hour period. Bartolink says it's possible,
6:31
Speaker 1: but there are many variables to consider. 9.17am. Bartolink says
6:36
Speaker 1: it's possible Tylee was burned on the property, but it's
6:38
Speaker 1: also possible she was burned elsewhere. 9.18 a.m. Bartolink says
6:43
Speaker 1: it's possible there are still bones on the Daybell property
6:46
Speaker 1: that have not been collected. Bartolink found a lot of
6:48
Speaker 1: blunt force defects on the bones consistent with paramortem trauma.
6:53
Speaker 1: The left jawbone had been fractured in six different places. 9.19 a.m.
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Speaker 1: There was blunt force trauma on the skull and other places.
7:02
Speaker 1: There were sharp defects on other parts of the body
7:05
Speaker 1: and a shovel, pickaxe, or machete cannot be excluded from
7:08
Speaker 1: causing the trauma. And again, if you have any sympathy
7:11
Speaker 1: for Chad Daybell, just think about what Tylee and JJ
7:15
Speaker 1: went through in their final moments. 9.20 a.m. There were
7:19
Speaker 1: two rib fractures consistent with blunt force trauma. There were
7:23
Speaker 1: 18 sharp force defects on Tylee's bones. Wixom has nothing further.
7:27
Speaker 1: Pryor has one follow-up question. There is no specific way
7:30
Speaker 1: to determine where these traumas took place. Bartolink says there
7:34
Speaker 1: is no way to tell. Nothing further, and the witness
7:37
Speaker 1: is excused. 9.22 a.m. Boyce asks if the defense has
7:41
Speaker 1: another witness. Pryor asks for a sidebar. 9.27 a.m. Boyce
7:46
Speaker 1: says we need to take up an issue outside the
7:48
Speaker 1: presence of the jurors. The jury leaves the courtroom. 9.28 a.m.
7:52
Speaker 1: Boyce says the defense does not intend to call further witnesses.
7:56
Speaker 1: Boyce says we now need to know if Chad Daybell
7:58
Speaker 1: intends to testify. Boyce tells Chad the jurors will be
8:02
Speaker 1: told that Chad has a constitutional right not to testify,
8:06
Speaker 1: and if he does not, it can't be used against him.
8:08
Speaker 1: during his jury deliberations. 9.30 a.m. Pryor says Chad does
8:13
Speaker 1: not intend to testify in the trial. Boyce asks if Chad,
8:17
Speaker 1: if it's his decision not to testify. That's correct. We
8:20
Speaker 1: will now take the morning recess. When we come back,
8:23
Speaker 1: the jury will be told that the defense is resting. 10.19 a.m.
8:27
Speaker 1: We're back in the courtroom after a longer morning break. 10.20 a.m.
8:31
Speaker 1: Boyce is out on the bench and says the court
8:34
Speaker 1: has been taking care of administrative issues during the break.
8:37
Speaker 1: The jury is not in the courtroom yet as Boyce
8:39
Speaker 1: wants to deal with a potential witness issue. Wixom says
8:43
Speaker 1: after the defense rests, prosecutors plan to call Detective Coulter
8:46
Speaker 1: Cannon as a rebuttal witness. 10.23 a.m. Wixom says Cannon
8:51
Speaker 1: will testify he never saw anything on a computer screen
8:54
Speaker 1: and never stepped foot inside the Daybell home when he
8:57
Speaker 1: responded to the call on September 9th that Tammy Daybell
9:00
Speaker 1: had been shot at. He will also testify that Joseph
9:03
Speaker 1: Murray approached him and said he heard Tammy scream that evening.
9:07
Speaker 1: Wixom says it's important to hear from Cannon as this
9:10
Speaker 1: contradicts what Garth Daybell and Murray said during their testimony. Well,
9:14
Speaker 1: of course it does. They perjured themselves, and they lied.
9:17
Speaker 1: There's no doubt that the Hills have eyes, the Mormon version.
9:21
Speaker 1: Is out here lying for their pops? Never mind that
9:24
Speaker 1: his bitch ass is responsible for killing your mom. 10.24 a.m.
9:29
Speaker 1: Wixom says the issue about not seeing anything on the
9:32
Speaker 1: computer screen came up after Cannon was released from subpoena.
9:36
Speaker 1: He went back home and didn't listen, in part, to
9:38
Speaker 1: Detective Kayakamanu's testimony, Wixom says. Deputy Cannon listened to part
9:44
Speaker 1: of Kayakamanu's testimony and heard about the gun issue. Cannon
9:47
Speaker 1: immediately contacted the prosecutor and said he wanted to set
9:51
Speaker 1: the record straight. 10.26 a.m. Wixom says when he was
9:55
Speaker 1: questioning Joseph Murray, he asked about telling Cannon that he
9:59
Speaker 1: had heard a scream. Murray said Cannon put inaccurate statements
10:02
Speaker 1: in his report. He's been called a liar in front
10:05
Speaker 1: of the jury and he wishes to be able to
10:06
Speaker 1: come and offer what he believes is the truth. 10.27 a.m.
10:11
Speaker 1: After prosecution rested, Cannon listened to the testimony of Garth
10:15
Speaker 1: Daybell and Joseph Murray and heard the inconsistencies. Wixom says
10:19
Speaker 1: it's simply not true that Deputy Cannon was shown any
10:22
Speaker 1: pictures of a paintball gun. His character has been attacked.
10:25
Speaker 1: He's been called a liar, Wixom says. Wixom argues Cannon
10:29
Speaker 1: should be called back and these very narrow issues can
10:32
Speaker 1: be addressed. 10.30 a.m. Pryor says in reviewing Cannon's report,
10:37
Speaker 1: the very first sentence is on October 9th, 2019 at
10:42
Speaker 1: 2140 hours. I was talking to Tamara Daybell in the
10:45
Speaker 1: front room of her home. Pryor says for him to
10:48
Speaker 1: say that, He just stepped in the home contradicts the statement.
10:51
Speaker 1: Pryor says the computer is in the front room. 10.32 a.m.
10:56
Speaker 1: Pryor says the prosecutors don't like the tone and they're
10:59
Speaker 1: going to go through every witness to try and get
11:01
Speaker 1: them to testify again. Pryor argues Cannon has been dismissed
11:05
Speaker 1: and excused from subpoena and it's sour grapes with the
11:08
Speaker 1: prosecutors because they don't like what's been presented. Pryor says
11:12
Speaker 1: the witness has been tainted. 10.34 a.m. Pryor wholly objects
11:17
Speaker 1: to this tactic. And if the court opens the door,
11:20
Speaker 1: it opens the door to rebuttal that could go on
11:22
Speaker 1: for days. Pryor says, Wixom says, this isn't a tactic.
11:26
Speaker 1: Rebuttal is part of the rules. Wixom says the state
11:29
Speaker 1: can't anticipate that inaccurate testimony will be offered by the defense.
11:34
Speaker 1: So again, a bit testy, right? Back and forth, lobbing
11:36
Speaker 1: a few accusations here and there. And that's what happens
11:39
Speaker 1: after what? 29 days plus the jury selection is Of
11:45
Speaker 1: going back and forth with each other? A little bit
11:47
Speaker 1: of animosity builds up. 10.35am. Wixom says Cannon has never
11:51
Speaker 1: been cross-examined on the matter because the issue came up
11:54
Speaker 1: after he had testified during the testimony of Joseph Murray.
11:58
Speaker 1: Wixom does not believe Cannon has been tainted by listening
12:01
Speaker 1: to the other testimony, but Wixom says the judge can
12:04
Speaker 1: question him on the issue. 10.36am. Boyce says the state
12:08
Speaker 1: bears the burden and rebuttal witnesses are allowed to testify.
12:12
Speaker 1: He says some narrow topics came up in the defense
12:15
Speaker 1: case in chief, including the issue of whether or not
12:18
Speaker 1: something was shown on the computer screen and whether Murray
12:21
Speaker 1: said he heard Tammy scream. 10.37 a.m. Boyce is more
12:25
Speaker 1: concerned about allowing Cannon to return because he viewed the
12:28
Speaker 1: trial after he testified. Boyce doesn't have hesitation that it
12:32
Speaker 1: would be appropriate rebuttal. The question is whether his testimony
12:36
Speaker 1: has been tainted after being released by the state. 10.39 a.m.
12:40
Speaker 1: Boyce says when witnesses are permitted to listen to other testimony,
12:44
Speaker 1: There are opportunities for witnesses to know exactly what they're
12:47
Speaker 1: going to be asked about, how they would respond to questions,
12:50
Speaker 1: and they can listen to other witnesses. Boyce says he's
12:53
Speaker 1: gone back and forth about whether this fact should allow
12:56
Speaker 1: him to testify again. 10.40 a.m. Boyce says some prejudice
13:00
Speaker 1: could result by allowing him to return to testify after
13:03
Speaker 1: hearing other testimony. The judge appreciates the candor of the
13:07
Speaker 1: prosecution and Cannon for admitting he listened to other testimony. 10.42 a.m.
13:13
Speaker 1: Boyce will not allow Cannon's testimony in rebuttal because he
13:16
Speaker 1: would be able to know exactly what was testified to
13:19
Speaker 1: by previous witnesses. Boyce grants Pryor's motion to exclude the witness. 10.43 a.m.
13:25
Speaker 1: Jurors will now be brought in and prosecutors will begin
13:28
Speaker 1: with rebuttal witnesses. 10.44 a.m. Jurors are seated. Pryor says
13:34
Speaker 1: there will be no further witnesses and the defense will
13:36
Speaker 1: rest its case. Wixom says Lisa Marie Jensen will be
13:40
Speaker 1: called as the first rebuttal witness. 10.47 a.m. Jensen lives
13:45
Speaker 1: in Sugar City and works at Central Elementary School. Jensen
13:49
Speaker 1: runs the Title I department and supervises paraprofessionals at the school.
13:54
Speaker 1: Jensen hired Emma Daybell and worked with Tammy Daybell at
13:57
Speaker 1: the school. 10.48 a.m. Jensen says she was friends and
14:02
Speaker 1: colleagues with Tammy. She saw Tammy doing her work a
14:05
Speaker 1: couple of times a week. She ran our library. She
14:08
Speaker 1: was our computer specialist. She was the go-to. If there
14:11
Speaker 1: was something that needed to be done and we didn't
14:13
Speaker 1: know how to do it, Tammy was our girl. 10.49 a.m.
14:18
Speaker 1: Jensen says Tammy was back and forth between the library
14:21
Speaker 1: and the computer lab. She did recess duties and was
14:24
Speaker 1: all over the school a lot. Jensen says Tammy was
14:28
Speaker 1: well and healthy and she strived to keep herself that way. 10.50 a.m.
14:32
Speaker 1: Jensen says every day, even if she wore a dress,
14:35
Speaker 1: Tammy wore tennis shoes. She aimed to get steps in.
14:38
Speaker 1: She participated in exercise classes. 10.51 a.m. Wixom asks if
14:43
Speaker 1: Tammy ever complained about feeling sick or unwell. Jensen says no.
14:47
Speaker 1: Tammy didn't miss work, never seemed tired or exhausted, and
14:50
Speaker 1: didn't appear winded. Wixom asks for a sidebar. 10.56 a.m.
14:55
Speaker 1: There's an issue with the statement that Pryor argues is hearsay.
14:58
Speaker 1: Wixom says it's not being argued for the truth of
15:01
Speaker 1: the matter. Boyce says Wixom can proceed with the question.
15:04
Speaker 1: Wixom asks Jensen if Emma... If Emma ever mentioned how
15:08
Speaker 1: she believed her mom died, she said it was related
15:10
Speaker 1: to a blood clot and that's what the doctors suspected.
15:14
Speaker 1: Jensen says Wixom has nothing further. Pryor will now cross. 10.57 a.m.
15:19
Speaker 1: Pryor asks Jensen how often she had contact with Tammy.
15:23
Speaker 1: She says two to three days a week. Once a
15:25
Speaker 1: week would be more than casual contact and they would
15:27
Speaker 1: have discussions. 10.58 a.m. Pryor asks how often Jensen had
15:32
Speaker 1: time to sit down and have a meaningful talk with Tammy.
15:35
Speaker 1: They occasionally had lunch together, and Tammy often stopped into
15:39
Speaker 1: Jensen's classroom to talk with her and the other women
15:43
Speaker 1: about her book ideas and what they were reading, etc. 10.59 a.m.
15:47
Speaker 1: Pryor asks if it's a relatively small school. Jensen says
15:50
Speaker 1: there are 15 teachers of regular classes, herself principal librarian
15:55
Speaker 1: PE teacher. Jensen says she has a closer relationship with
15:59
Speaker 1: Emma than she did with Tammy and still considers Emma
16:02
Speaker 1: her friend. 11 a.m. Pryor asks Jensen if If she
16:06
Speaker 1: thinks Tammy was an introvert, Jensen says she was a
16:09
Speaker 1: very friendly person and she felt comfortable in the school.
16:12
Speaker 1: Jensen says at school Tammy was an outgoing person. 11.01 a.m.
16:16
Speaker 1: Pryor asks if Jensen had deep, meaningful discussions with Emma.
16:20
Speaker 1: Jensen says Emma is her friend and they have discussions.
16:23
Speaker 1: Pryor asks Jensen if Emma would share with her a
16:26
Speaker 1: very private issue about her mother's death. It wasn't a
16:29
Speaker 1: private issue. Her mother had passed away and she was
16:32
Speaker 1: sharing the cause. Pryor has nothing further. Wixom has no redirect. 11.03 a.m.
16:38
Speaker 1: Next rebuttal witness is Jason McKay Abelglen. Lindsey Blake will
16:42
Speaker 1: question him. He goes by McKay. McKay knows Garth from
16:45
Speaker 1: the Haunted Mill attraction. 11.05 a.m. McKay worked in the
16:49
Speaker 1: room next to Garth at the Haunted House in 2019.
16:53
Speaker 1: If it was slower, we could talk with each other.
16:55
Speaker 1: McKay says the Haunted Hill is open in October. 11.06 a.m.
17:00
Speaker 1: Garth and McKay went to some haunted houses together. They
17:03
Speaker 1: also hung out at work. The weekend after Tammy died,
17:06
Speaker 1: Garth spoke with McKay about his mother's death. He said
17:09
Speaker 1: he found her when he got home from work, and
17:11
Speaker 1: he didn't know where his father was. I don't remember
17:14
Speaker 1: if he said she was in bed or next to
17:16
Speaker 1: the bed. She was kind of pale, and her lips
17:18
Speaker 1: were blue. McKay says, 1108 a.m. They worked at the
17:22
Speaker 1: haunted house until 1 to 130 a.m. Blake is nothing further.
17:26
Speaker 1: Pryor will now cross-examine. 1108 a.m. McKay says the haunted
17:31
Speaker 1: mill opened at 7.30 p.m. and would close at midnight,
17:34
Speaker 1: but they couldn't leave until the last customer left. The
17:37
Speaker 1: last two weeks of October, it was full-time Monday through Saturday,
17:41
Speaker 1: and the rest of the month, it was just on
17:43
Speaker 1: the weekends. 11.09 a.m. McKay says he doesn't know the
17:47
Speaker 1: day Tammy died. He says Garth took a day off
17:50
Speaker 1: after the death, and it was the following weekend when
17:53
Speaker 1: he saw Garth again. 11.10 a.m. Pryor asks if Garth
17:56
Speaker 1: said anything about playing video games or hearing snoring from
17:59
Speaker 1: the room. McKay says he does not. Pryor asks McKay
18:03
Speaker 1: about going to haunted houses with Garth. McKay says the
18:06
Speaker 1: weekend after their attraction closed, they went to other haunted houses. McKay, Garth,
18:11
Speaker 1: and two other female friends went with them. 11.11 a.m.
18:14
Speaker 1: Pryor asks about the statement that Garth found his mom
18:16
Speaker 1: dead and his dad wasn't home. I was still at
18:19
Speaker 1: work at the haunted mill. There were a few other
18:21
Speaker 1: scare actors around us. It was closer toward the end
18:24
Speaker 1: of our shift. McKay says he says he went up
18:28
Speaker 1: and offered his condolences when Garth told him. 11.13 a.m.
18:32
Speaker 1: Pryor has nothing further. Blake asked McKay how Garth appeared
18:35
Speaker 1: when he told him about finding his mom. Garth says
18:38
Speaker 1: he seemed sad and something was affecting him. McKay says
18:42
Speaker 1: he was clear in his statement that he found his
18:44
Speaker 1: mom and he was clear in his statement that his
18:46
Speaker 1: dad was gone. 11.14 a.m. Fremont County Detective Sergeant Bruce
18:51
Speaker 1: Mattingly is the next rebuttal witness. 11.15 a.m. Mattingly is
18:56
Speaker 1: back on the stand. Blake's questioning him. Mattingly became involved
19:00
Speaker 1: in Tammy Daybell's death in mid-December 2019, and he was
19:04
Speaker 1: also involved in the investigation into the deaths of JJ
19:07
Speaker 1: and Tylee. 11.16 a.m. Blake asks Mattingly if any of
19:11
Speaker 1: the Daybell children reached out to the sheriff's office about
19:14
Speaker 1: the autopsy. Mattingly says Emma Murray did. Mattingly says Detective
19:18
Speaker 1: Kaya Kamanu attempted to reach out to Emma and Garth
19:22
Speaker 1: with no response or call back about the autopsy. Mattingly
19:25
Speaker 1: says the team was formed to make contact with most
19:28
Speaker 1: of the Daybell children to let them know about the autopsy. 11.18 a.m.
19:33
Speaker 1: Mattingly made contact with Emma in February of 2021 after
19:37
Speaker 1: school one day. She was working as a teacher at
19:40
Speaker 1: Central Elementary. Mattingly and Rexburg Police Lieutenant Ron Ball went
19:44
Speaker 1: to the school. Mattingly recorded the interaction with Emma. Blake
19:48
Speaker 1: moves to admit the recordings. 11.22 a.m. Blake plays a clip.
19:53
Speaker 1: Mattingly says it's himself talking with Principal Gardner at the school.
19:57
Speaker 1: Prior does not object to the exhibit. Blake begins playing
20:00
Speaker 1: the recording. 11.23 a.m. Mattingly introduces himself to Emma and
20:05
Speaker 1: says he has been trying to get a hold of them.
20:08
Speaker 1: He says they have the autopsy results of her mom.
20:11
Speaker 1: Emma says Mattingly needs to contact their attorney. Mattingly asks
20:14
Speaker 1: who the attorney is and Emma says they don't have
20:17
Speaker 1: one at the moment. Emma says they have decided that
20:19
Speaker 1: they are going to wait to learn about the autopsy
20:22
Speaker 1: when they release it. We're just not interested in interviewing,
20:25
Speaker 1: answering any questions. We just want to see it, Emma says.
20:29
Speaker 1: Mattingly says they aren't asking for an interview. They just
20:31
Speaker 1: want to show them the autopsy and let them know
20:33
Speaker 1: what's in it. Talk about denial. The whole ass family's
20:36
Speaker 1: in denial that their pops is an animal monster. 1125 a.m.
20:41
Speaker 1: Mattingly says they aren't looking to ask questions. They just
20:44
Speaker 1: want to share the findings and results. We can't go
20:47
Speaker 1: in depth with the report, but he tells her that
20:50
Speaker 1: he can talk about it. Mattingly asks if she wants
20:52
Speaker 1: to set something up. Emma says not right now. Mattingly
20:55
Speaker 1: asks if he should reach out to her attorney to
20:57
Speaker 1: set something up. Emma says I'll have him call you.
21:00
Speaker 1: 1127 a.m. Mattingly says Emma can reach out for victim
21:04
Speaker 1: services and gives her the contact information. Mattingly tells Emma
21:08
Speaker 1: she doesn't have to talk with anyone at the prosecutor's office.
21:11
Speaker 1: Emma talks about how the school system is growing and
21:15
Speaker 1: how different grades are getting moved to different buildings. You
21:18
Speaker 1: would think that you'd want to know what the results
21:20
Speaker 1: said if your mom was murdered. And again, all I
21:23
Speaker 1: have to hear is them saying they don't want to
21:25
Speaker 1: know for me to know that they were in on it.
21:28
Speaker 1: Maybe not in on killing their mom, right? I won't
21:31
Speaker 1: go that far. But Certainly, at least in my opinion,
21:34
Speaker 1: looks like they helped him try to build a narrative. 11.28 a.m.
21:38
Speaker 1: Mattingly says there have been difficulties trying to get a
21:41
Speaker 1: hold of people, and other deputies are contacting other family
21:44
Speaker 1: members about the autopsy. Emma says okay and thank you. 11.29 a.m.
21:49
Speaker 1: Mattingly says Garth, Seth, and Leah Daybell were going to
21:52
Speaker 1: be contacted by other law enforcement that day around the
21:54
Speaker 1: same time. Mattingly was attempting to contact Emma. Mattingly invites
21:59
Speaker 1: Emma to come and talk about the autopsy results. 11.31 a.m.
22:04
Speaker 1: Mattingly says, we do want to let you know about
22:06
Speaker 1: the results, and Emma says, thank you very much. The
22:08
Speaker 1: investigation was still active at this time, so he could
22:11
Speaker 1: not provide her a copy of the autopsy, but was
22:14
Speaker 1: willing to sit down and go over the results. 11.32 a.m.
22:18
Speaker 1: Emma told Mattingly to contact her attorney, Josh Garner. Mattingly
22:21
Speaker 1: reached out to Garner, and Garner said he was not
22:24
Speaker 1: representing the kids. Mattingly says Emma never reached out to
22:27
Speaker 1: the Fremont County Sheriff's Office in an attempt to get
22:30
Speaker 1: the results. Emma never told them anything about her mom's health. 11.34 a.m.
22:35
Speaker 1: Mattingly wanted to make sure Emma had access to the
22:38
Speaker 1: autopsy and the results. Emma never reached out to review them.
22:42
Speaker 1: Pryor will now cross-examine. 11.35 a.m. Pryor asks if Emma
22:46
Speaker 1: was polite and responsive that day. Mattingly says she was.
22:49
Speaker 1: Pryor asks when Mattingly obtained the autopsy results. He doesn't recall,
22:53
Speaker 1: but it was close to a month before he went
22:55
Speaker 1: to visit Emma. 11.36 a.m. Prior asks if providing the
22:59
Speaker 1: family with autopsy results was an investigative concern. Mattingly said no,
23:04
Speaker 1: but the reason law enforcement waited a month to tell
23:07
Speaker 1: the family was for an investigative reason. 11.38 a.m. Prior
23:12
Speaker 1: references a portion of the recording where Emma says she
23:15
Speaker 1: tried to get a hold of the Fremont County Sheriff's
23:17
Speaker 1: Office about the autopsy. Mattingly says Emma contacted the office once. 11.40 a.m.
23:24
Speaker 1: Prior asks about Mattingly, saying it was a comedy of
23:27
Speaker 1: errors trying to get a hold of her. Mattingly says
23:29
Speaker 1: he was trying to lighten the situation. Pryor says it
23:32
Speaker 1: was a light situation, letting a daughter know that her
23:34
Speaker 1: mother died. State objects. Pryor withdraws the question. Pryor asks
23:39
Speaker 1: Mattingly why he couldn't just tell Emma about the autopsy.
23:42
Speaker 1: Mattingly says he didn't just want to throw it out there.
23:44
Speaker 1: 1141 AM. Pryor asks Mattingly about him wearing a recorder.
23:49
Speaker 1: Pryor asks Mattingly if his motive in talking to Emma
23:52
Speaker 1: was to get her reaction on tape. Mattingly says no. 11.42 a.m.
23:56
Speaker 1: Pryor asks if Mattingly ever went to talk to Emma
23:59
Speaker 1: about the autopsy for the 14 months after Tammy was exhumed.
24:03
Speaker 1: Mattingly says no. 11.43 a.m. Pryor asks Mattingly if he
24:07
Speaker 1: knows who Josh Garner is. He knows and he's aware
24:10
Speaker 1: there was a potential connection. Pryor asks Mattingly if he
24:13
Speaker 1: can blame Emma for being a little skeptical to talk
24:15
Speaker 1: with police about her mother's death. Blake objects. Judge sustains
24:19
Speaker 1: the question and it's stricken. 11.45 a.m. Pryor asks if
24:23
Speaker 1: Mattingly talking about the school was a police tactic to
24:26
Speaker 1: soften her up a little bit, to get her to
24:28
Speaker 1: open up and talk about things. Mattingly says Ball made
24:31
Speaker 1: the statement, not him. Pryor asks about the victim services
24:34
Speaker 1: Mattingly offered. Mattingly says he understands that the prosecutor's office
24:38
Speaker 1: manages victim services. 11.46 a.m. Pryor says, Mattingly says yes.
24:42
Speaker 1: Pryor says, You were very concerned about counseling for the
24:51
Speaker 1: Daybell children 14 months after their mother was exhumed. Why
24:55
Speaker 1: weren't you so concerned when their mother was taken out
24:57
Speaker 1: of her burial site? Blake objects. Boyce sustains. Pryor has
25:00
Speaker 1: nothing further. 11.49 a.m. Blake asks Mattingly if he was
25:04
Speaker 1: polite and if Ball was polite. He says they were.
25:07
Speaker 1: There were no threats. Blake asks if it was part
25:09
Speaker 1: of his employment. Mattingly has been involved in death notifications.
25:13
Speaker 1: Do you generally just go and blurt out? what the
25:15
Speaker 1: cause of someone's death is? No, you generally want to
25:18
Speaker 1: sit down and have that conversation. I do. 11.50 a.m.
25:22
Speaker 1: Blake is nothing further. Mattingly is done testifying. And just
25:26
Speaker 1: like that, Chad Daybell closes out his defense with a whimper.
25:30
Speaker 1: And hopefully, when all is said and done, we get
25:33
Speaker 1: to the point where we should be getting. And that's
25:35
Speaker 1: the death penalty. But all of that's in the hands
25:38
Speaker 1: of the jury. So we'll see what they have to
25:40
Speaker 1: say now that they have all of the evidence before them.
25:43
Speaker 1: They've heard from both sides. And we're going to see
25:46
Speaker 1: what the jury thinks. But until then, that's going to
25:49
Speaker 1: do it for this one. All of the information that
25:51
Speaker 1: goes with this episode can be found in the description box.
25:55
Speaker 1: What's up everyone and welcome back to the program. After
25:58
Speaker 1: a long holiday weekend, the Chad Daybell trial resumed on Tuesday.
26:04
Speaker 1: And what we saw on Tuesday were rebuttal witnesses that
26:08
Speaker 1: were called by the prosecution. So let's get to this
26:11
Speaker 1: article from EastIdahoNews.com. And let's see what went down on
26:16
Speaker 1: day number 30 of the Chad Daybell trial. This article
26:20
Speaker 1: was published by East Idaho News, and the author of
26:23
Speaker 1: this article is Nate Eaton. 8.23 a.m. It's day number
26:28
Speaker 1: 30 of Chad Daybell's trial. More rebuttal witnesses are expected
26:32
Speaker 1: to be called by the prosecution. Chad's laughing and chatting
26:36
Speaker 1: with his attorney, John Pryor, at the defense table. Prosecutors
26:39
Speaker 1: are at their table. 8.27 a.m. Attorneys leave the courtroom
26:44
Speaker 1: to meet with Judge Boyce in chambers, Chad sitting at
26:47
Speaker 1: his table alone, scrolling on his laptop. The gallery is
26:51
Speaker 1: full today. The court has brought back the reservation system,
26:55
Speaker 1: so you need to have a reservation to get a seat. 8.31 a.m.
27:00
Speaker 1: Bailiff giving instructions to the courtroom, phones on silent, no sleeping,
27:04
Speaker 1: no whispering, etc. A courtroom conduct order is in effect,
27:09
Speaker 1: and there is a separate order in effect for the
27:11
Speaker 1: entire courthouse. No photos can be taken in the courthouse. 8.44 a.m.
27:18
Speaker 1: Judge Boyce is on the bench. The 17 jurors have
27:21
Speaker 1: returned following the long holiday weekend. Only 12 of these
27:25
Speaker 1: jurors will deliberate when the time comes. Five alternates will
27:28
Speaker 1: be excused. They will be chosen with a random lottery drawing. 8.47 a.m.
27:34
Speaker 1: Boyce says we are concluding with evidence and rebuttal witnesses today.
27:38
Speaker 1: An issue has been raised regarding a proposed witness incident
27:42
Speaker 1: So there will be a motion about that matter. Fremont
27:45
Speaker 1: County Deputy Prosecuting Attorneys will argue the issue. 8.48 a.m.
27:50
Speaker 1: Wixom says the issue concerns the witness named Janice Olson.
27:54
Speaker 1: Olson heard Tammy Daybell say she wanted her husband to
27:57
Speaker 1: raise her life insurance. She was having lunch at school
28:00
Speaker 1: with Tammy a month before Tammy died and during the
28:03
Speaker 1: lunch the issue of the life insurance was raised. Tammy
28:06
Speaker 1: said her husband wanted her to increase her life insurance. 8.51am,
28:11
Speaker 1: Wixom says Olsen has listened to Emma Murray, Chad's daughter's testimony,
28:15
Speaker 1: because she was released from her subpoena. Wixom says they
28:18
Speaker 1: can keep questioning very narrow and does not believe Olsen
28:22
Speaker 1: has been tainted. Olsen candidly said she has been watching
28:26
Speaker 1: the trial and listened to Emma's testimony, so Wixom says
28:30
Speaker 1: she can be trusted. 8.54am, Boyce asks Wixom if Olsen
28:34
Speaker 1: watched the previous motion. about her situation. Wixom says he's
28:38
Speaker 1: unsure if she watched it, but she was made aware
28:41
Speaker 1: of the court's ruling. 8.55 a.m. Pryor argues against having
28:47
Speaker 1: Olsen testifying and says over the four-day weekend, Mr. Wixom
28:51
Speaker 1: preps the witness and claims her testimony has changed. There
28:54
Speaker 1: are too many uncertainties here. We do not know after
28:57
Speaker 1: reviewing Emma's testimony, the light suddenly came on. Pryor says
29:00
Speaker 1: there are a number of red flags and it's unclear
29:03
Speaker 1: what else Olsen could say. And I think he has
29:06
Speaker 1: a point, right? You have the whole weekend and you're
29:09
Speaker 1: watching this testimony, you're watching the trial, and then you're
29:12
Speaker 1: called back up to provide more testimony. You could certainly
29:16
Speaker 1: be considered a tainted witness, especially considering you're watching what
29:20
Speaker 1: was going on as far as the trial goes. So
29:23
Speaker 1: pretty much for like the first time throughout this whole
29:25
Speaker 1: entire trial, I actually agree with Pryor. 8.57 a.m. Wixom
29:30
Speaker 1: responds that he doesn't appreciate Pryor's innuendo that Wixom has
29:34
Speaker 1: influenced the witness. Wixom says he was honest with Pryor
29:38
Speaker 1: and respectfully told him what had happened. happened. Wixom says
29:41
Speaker 1: there was nothing that prohibited Pryor from reaching out to
29:44
Speaker 1: the witness and getting her version of events and Pryor
29:48
Speaker 1: never did. 9am Boyce says he doesn't have anything that
29:51
Speaker 1: would question Olsen's truthfulness but he has an ongoing concern
29:55
Speaker 1: about the statement of Tammy Daybell making the comment about
29:59
Speaker 1: upping her life insurance before retirement. There wasn't any real
30:02
Speaker 1: context in the trial about facts of when she was retiring.
30:06
Speaker 1: If it was any time in the near future, Boyce says, 9.01 a.m.
30:11
Speaker 1: Olsen says there was a group of people present for
30:14
Speaker 1: the conversation, but this isn't information the defense knew before
30:17
Speaker 1: the trial. The defense has not been able to verify
30:21
Speaker 1: who was at the table when the statement was apparently made.
30:24
Speaker 1: Boyce says limiting the testimony down does not provide the
30:28
Speaker 1: jury with full context of the conversation. Boyce rules to
30:32
Speaker 1: exclude Janice Olsen from testifying further as a rebuttal witness.
30:36
Speaker 1: And again, I agree with this decision by Judge Boyce.
30:40
Speaker 1: Let's just trim the fat. No need to get too
30:42
Speaker 1: creative here. Chad Daybell is on his way to crash
30:46
Speaker 1: and burn. So let's just let the process play out. 9.06 a.m.
30:51
Speaker 1: Jury seated and Fremont County Prosecutor Lindsay Blake will question
30:55
Speaker 1: the first witness today. Dr. Eric Christensen, the Utah medical
30:59
Speaker 1: examiner who did the autopsy on Tammy Daybell. 9.08 a.m.
31:04
Speaker 1: Blake asked Christensen if he has watched any portions of
31:07
Speaker 1: the trial. He has not, but he read the transcript
31:10
Speaker 1: of Dr. Kathy Raven's testimony. She's the defense expert who
31:14
Speaker 1: argued that Tammy did not die from asphyxia. Imagine trying
31:18
Speaker 1: to make that argument. Like, I understand you have to
31:22
Speaker 1: try and make an argument here, but really? 9.10 a.m.
31:26
Speaker 1: Christensen explains that he gathers as much information as he
31:30
Speaker 1: can about how someone died because their patients cannot talk
31:33
Speaker 1: to them. They're dead. 9-11 a.m. Christensen says if he
31:37
Speaker 1: is doing an autopsy where the cause of death is
31:40
Speaker 1: not immediately determined, his staff requests medical records to help
31:44
Speaker 1: learn the background. Christensen received multiple reports from law enforcement.
31:48
Speaker 1: His office kept a list of all the documents they reviewed.
31:52
Speaker 1: 9-12 a.m. Christensen reviewed records from the Teton Clinic and
31:57
Speaker 1: Seasons Medical, along with records from Springville, Utah. Christensen reviewed Dr.
32:02
Speaker 1: Raven's report. Christensen reviewed a lot more than Raven did,
32:08
Speaker 1: and Raven did not review any medical records. 9.14 a.m.
32:13
Speaker 1: Christensen says when you are looking at multiple possible causes
32:17
Speaker 1: of death, you get as much information as you can
32:19
Speaker 1: to narrow down how the person died. Blake asks what
32:22
Speaker 1: external injuries Tammy had. Christensen says there were bruises on
32:27
Speaker 1: her arms and chest. Tammy had normal organs, brain, heart,
32:31
Speaker 1: no significant pathology in any of her organs. 9.15 a.m.
32:35
Speaker 1: Christensen says there was a fairly short list of Tammy's
32:38
Speaker 1: possible causes of death, cardiac arrhythmia, asphyxial deaths, drug intoxication,
32:44
Speaker 1: and seizures. 9.17 a.m. Blake asks Christensen if it's likely
32:49
Speaker 1: Tammy died of anything related to toxicology issues. He says no.
32:53
Speaker 1: Seizures were also assessed and no signs of those. No
32:57
Speaker 1: signs of irregularities in Tammy's heart. What was left was
33:01
Speaker 1: asphyxial causes. 9.19 a.m. Christensen is aware Tammy was taking
33:06
Speaker 1: an antidepressant. There was no sign that that played a
33:09
Speaker 1: role in her death. No sign that sleep apnea played
33:12
Speaker 1: a role in her death. Nothing was in the medical
33:14
Speaker 1: records about sleep apnea. Christensen says sleep apnea could cause
33:19
Speaker 1: a sudden death, but normally someone would be significantly obese
33:23
Speaker 1: with heart problems. Tammy was not obese. 9.21am Christensen says
33:29
Speaker 1: there's no signs the asphyxiation was natural, accidental, or suicide.
33:34
Speaker 1: The two categories left are homicide and undetermined. 9.23am After
33:40
Speaker 1: reviewing Dr. Raven's testimony and report, Christensen says his opinion
33:43
Speaker 1: of cause and manner of death has not changed. Homicide,
33:47
Speaker 1: bias fixia. Blake is done. Pryor will now cross-examine. 9.24 a.m.
33:53
Speaker 1: Pryor asks what information Christensen received. He says a lot
33:57
Speaker 1: of reports and other details. Pryor asks Christensen if he's
34:00
Speaker 1: heard of the term confirmation bias. Christensen has heard of it.
34:05
Speaker 1: His understanding is when you come to a conclusion and
34:08
Speaker 1: get information to validate your conclusion while rejecting things that
34:11
Speaker 1: don't affirm your opinion. Sounds like the whole ass political
34:15
Speaker 1: structure at this point, huh? Oh, I don't believe it,
34:18
Speaker 1: so it can't be real. And there's no doubt in
34:20
Speaker 1: my mind that confirmation bias is a form of delusion. 9.27 a.m.
34:26
Speaker 1: Christensen says he spent multiple hours going through all the
34:29
Speaker 1: information provided by law enforcement. The final discussion was deciding
34:33
Speaker 1: between undetermined or homicide. 9.28 a.m. Pryor asked Christensen if
34:39
Speaker 1: he spoke to any of Chad's children. Christensen says no.
34:42
Speaker 1: He did not speak to Chad's mom or dad either.
34:45
Speaker 1: Christensen says nothing was provided to him from the family
34:48
Speaker 1: and he did not ask for anything. His information came
34:51
Speaker 1: from law enforcement. 9.30 a.m. Christensen made the final decision
34:56
Speaker 1: on the autopsy about 14 to 15 months after doing
34:59
Speaker 1: his investigation. 9.31 a.m. Pryor asks why Christensen didn't note
35:05
Speaker 1: the inflammation in Tammy's lungs. Christensen says it's because there
35:08
Speaker 1: wasn't much inflammation in the lungs. There was no significant
35:12
Speaker 1: inflammation in her lungs to account for the pulmonary edema,
35:15
Speaker 1: so in other words, something else was going on. And
35:19
Speaker 1: if it wasn't natural, and it's not undetermined, well, what
35:23
Speaker 1: is it? It's homicide, and that's exactly what we're dealing
35:26
Speaker 1: with here in my opinion. Tammy Daybell was killed, and
35:30
Speaker 1: I think after 30 days of evidence, it's pretty clear
35:33
Speaker 1: that that's exactly what happened here. 9.35 a.m. Christensen says
35:39
Speaker 1: nothing about this case was different as far as gathering
35:42
Speaker 1: information concerning Tammy's autopsy, just that there was a lot
35:46
Speaker 1: more data. Christensen would have reviewed statements by Chad's kid
35:49
Speaker 1: provided to law enforcement, but there weren't any. Yeah, that's
35:53
Speaker 1: because the cult said no. The cult of Chad told
35:56
Speaker 1: his kids, you're just going to get on board. And
35:59
Speaker 1: for whatever reason, they decided that that was a good idea. 9.37 a.m.
36:03
Speaker 1: Blake has nothing further. Pryor asks if he can follow
36:06
Speaker 1: up with questions about Chad's kids. Boyce says Blake stayed
36:10
Speaker 1: within the scope, so Pryor cannot follow up. Christensen is released. 9.38 a.m.
36:16
Speaker 1: Next rebuttal witness is retired Rexburg Police Department David Stubbs. 9.39 a.m.
36:23
Speaker 1: Madison County Prosecutor Rob Wood is questioning Stubbs. He asks
36:27
Speaker 1: what type of records he received from Google. Stubbs says
36:30
Speaker 1: he received search history, location services, user, owner of the account, etc.,
36:35
Speaker 1: Stubbs found that on January 3, 2019, the user of
36:39
Speaker 1: the Chad Daybell account looked up how to turn off
36:42
Speaker 1: location and GPS services on an iPhone. 9.41 a.m. Wood
36:47
Speaker 1: moves to admit the Google search history from the Chad
36:50
Speaker 1: Daybell account. We see it displayed on the screen, and
36:53
Speaker 1: there is a search from January 3, 2019, of how
36:57
Speaker 1: to turn off the location services on iPhone. 9.44 a.m.
37:03
Speaker 1: Stubbs opened the folder on the account That said, there
37:05
Speaker 1: were no location services available. Wood moves to admit another exhibit. 9.46 a.m.
37:12
Speaker 1: We see an exhibit on the screen that says Chad
37:14
Speaker 1: Daybell at gmail.com does not have records data available. If
37:19
Speaker 1: there were location data available, there would have been an
37:22
Speaker 1: Excel spreadsheet showing the locations of the device. 9.48 a.m.
37:27
Speaker 1: Stubbs says you can request that Google delete your location data.
37:30
Speaker 1: On August 24th, 2019, a request was made through the
37:34
Speaker 1: Chad Daybell Gmail account to have all location GPS history
37:38
Speaker 1: deleted from the account. 9.51 a.m. Wood shows an exhibit
37:43
Speaker 1: on the screen. It shows a request to Google to
37:46
Speaker 1: have all location services deleted. That was sent on August 24th, 2019.
37:49
Speaker 1: The deletion range goes back to 1970. In a lot
37:54
Speaker 1: of computers, that's when their format date starts. 9.53 a.m.
37:59
Speaker 1: Stubbs clicked on items on the search history from the account.
38:03
Speaker 1: It took him to the same webpage that would have
38:05
Speaker 1: been viewed by the user of the account. There were
38:08
Speaker 1: specific detailed instructions on how to turn the services off
38:11
Speaker 1: on iPhone. Wood, as nothing further, Pryor, will now cross-examine. 9.54 a.m.
38:18
Speaker 1: Pryor asks Stubbs if he's aware that Chad had an
38:21
Speaker 1: Android device. Stubbs is aware. Pryor asks Stubbs if he
38:25
Speaker 1: knows Tammy had an iPad. Stubbs is not sure. This
38:28
Speaker 1: search was dealing with Apple devices. 9.56 a.m. Pryor says
38:33
Speaker 1: it wouldn't be unusual for someone with an iPhone or
38:36
Speaker 1: an iPad device who was having an affair to try
38:38
Speaker 1: to hide the fact that they were having an affair.
38:41
Speaker 1: Stubbs agrees. 9.57 a.m. The person doing the search was
38:46
Speaker 1: using the Chad Daybell account. Stubbs says he cannot say
38:49
Speaker 1: who was using the account, but it was Chad's account.
38:52
Speaker 1: Pryor asks Stubbs if he knows who was the computer
38:55
Speaker 1: expert in the relationship, Chad or Tammy. Stubbs says he
38:58
Speaker 1: can't testify to that. Pryor asks if it's unusual to
39:02
Speaker 1: have someone delete their search history if they were having
39:04
Speaker 1: an affair. Stubbs says possibly. 10 a.m. Pryor has nothing further.
39:09
Speaker 1: Wood will now redirect. Wood asks Stubbs if he's aware
39:12
Speaker 1: that Chad and Lori were having an affair. Stubbs says yes.
39:15
Speaker 1: Lori had an iPhone. Wood asks if a person could
39:18
Speaker 1: delete their location data to cover tracks of crimes committed.
39:22
Speaker 1: Dub says yes. Wood has nothing further. 10.01 a.m. Boyce
39:27
Speaker 1: suggests we take a morning recess. Blake asks to approach.
39:30
Speaker 1: Attorneys huddle in the courtroom. 10.02 a.m. Morning recess until 10.30. 10.36 a.m.
39:37
Speaker 1: Back in the courtroom waiting for Judge Boyce. 10.43 a.m.
39:42
Speaker 1: Boyce is on the bench and the jurors are taking
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Speaker 1: their seats. 10.45 a.m. Next rebuttal witness is Rexburg. Detective
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Speaker 1: Ray Hermosillo, Lindsay Blake, will question him. 10.47 a.m. Hermosillo
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Speaker 1: began working on the investigation when police received a report
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Speaker 1: that J.J. Vallow was missing. J.J. and Tylee were eventually
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Speaker 1: found buried on Chad Daybell's property. Just a, you know,
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Speaker 1: coincidence that they were found on this dude's property and
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Speaker 1: all this evidence points to him being involved in the
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Speaker 1: conspiracy to kill them. But, you know, he had nothing
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Speaker 1: to do with it. 10.48 a.m. Blake asks Hermosillo if
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Speaker 1: he ever saw Emma at the gym. He says one
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Speaker 1: time before the kids were found. He says he did
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Speaker 1: not approach Emma, talk to her, or work out by her.
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Speaker 1: Hermosillo says he drove by the Daybell property as part
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Speaker 1: of the investigation and his dry cleaning business is near
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Speaker 1: the residence. He also has family that lives near the residence.
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Speaker 1: Hermosillo says, most importantly, he drove by because the kids
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Speaker 1: were missing. He drove by before and after they were found.
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Speaker 1: And that's pretty common. If you're the subject of an investigation,
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Speaker 1: You're going to get sweated by the police. There's no
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Speaker 1: doubt about it. They're going to show up. They're going
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Speaker 1: to drive by. They're going to let you know that
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Speaker 1: they're paying attention. 10.50 a.m. Blake is nothing further. Pryor
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Speaker 1: has no questions. Hermosillo is done. 10.51 a.m. State has
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Speaker 1: no further rebuttal witnesses. Boyce says the next stage is
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Speaker 1: jury instructions in the case. They've been working on them.
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Speaker 1: Closing arguments will be conducted tomorrow. 10.52 a.m. Jurors will
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Speaker 1: be dismissed for the day. While some administrative actions are
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Speaker 1: taken care of, a formal jury instruction conference will be
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Speaker 1: held later today, Boyce says. Exhibits will also be discussed. 10.57 a.m.
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Speaker 1: The public is dismissed from the courtroom. There may be
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Speaker 1: on-record proceedings later today. Stand by for updates later. 3.17 p.m.
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Speaker 1: We're back on the record after the attorneys and Boyce
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Speaker 1: met in a closed hearing for the last several hours.
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Speaker 1: There will be discussion on jury instruction. 3.18 p.m. Boyce
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Speaker 1: says 41 instructions will be given to the jury. Boyce
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Speaker 1: lists of the instructions that he believes won't cause any
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Speaker 1: objections by either side. We don't hear the instructions. They
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Speaker 1: will be read to the jury tomorrow, 3.23 p.m. Boyce
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Speaker 1: confirming exhibit numbers match between the defense and prosecution list
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Speaker 1: before giving them to the jury, 3.24 p.m. Boyce wants
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Speaker 1: to discuss jury instruction number five. It's a standard instruction
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Speaker 1: included in all criminal cases about reasonable doubt. The Supreme
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Speaker 1: Court issued new approved instructions as of May 22nd about
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Speaker 1: reasonable doubt. Boyce wants to hear arguments from both sides
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Speaker 1: about using the instruction given for decades in Idaho or
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Speaker 1: using the new instructions issued six days ago. 3.26 p.m.
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Speaker 1: Prosecution believes juries should be given the old instructions. Ingrid
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Speaker 1: Beatty says they are caught between a rock and a
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Speaker 1: hard place but believes it's best to give the old
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Speaker 1: instruction rather than trying to instruct them on an entirely
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Speaker 1: new instruction after they've listened to all the evidence based
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Speaker 1: on the old instruction. 3.28 p.m. Pryor says there aren't
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Speaker 1: many differences between the old and new instructions. He says
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Speaker 1: the new instructions won't throw jurors off or confuse them. Rather,
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Speaker 1: it will help explain what reasonable doubt is. 3.31 p.m.
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Speaker 1: Boyce says he's been thinking about the change since it
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Speaker 1: came last week. The order states the new instructions are
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Speaker 1: effective immediately. And it's recommended that the judge use the
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Speaker 1: most recent instruction unless the judge finds another instruction that
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Speaker 1: more adequately sustains the law. 3.35 p.m. Boyce says it's
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Speaker 1: problematic to him that the jury would get an instruction
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Speaker 1: and then later on the instruction changes. It can cause
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Speaker 1: confusion on appeal because there could be questions about what
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Speaker 1: instruction the jury relied on when deliberating. Boyce says for
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Speaker 1: the practical purposes of not getting the jury confused because
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Speaker 1: they have heard the old instructions multiple times, he's going
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Speaker 1: to stick with the old instructions. 3.39 p.m. Beatty asked
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Speaker 1: to modify Rule 14 and the word questions will be
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Speaker 1: added to the instruction. Pryor objects, but Boyce allows the change. 3.41 p.m.
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Speaker 1: State has no issues with any of the other jury instructions.
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Speaker 1: They are fine to have it proceed. Pryor has no
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Speaker 1: issues with the jury instructions. Copies will be prepared for
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Speaker 1: the jurors and parties for tomorrow. Instructions will read to
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Speaker 1: the jurors at 10 a.m., followed by closing arguments. 3.42 p.m.
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Speaker 1: Nothing further today. So, folks, we are at the end here.
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Speaker 1: Closing arguments starting today. And hopefully, very soon, we hear
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Speaker 1: the jury read out that guilty verdict. Because if anybody
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Speaker 1: deserves to either get the death penalty or sit in
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Speaker 1: prison for the rest of their lives, Chad Daybell is it.
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Speaker 1: All of the information that goes with this episode can
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Speaker 1: be found in the description box.