Testimony concludes in Lori Daybell murder trial; closing arguments Thursday

BOISE (KSL.com) — Prosecutors in the Lori Vallow Daybell murder trial rested their case Tuesday after 20 days of testimony.

Following a short break, the defense then rested its case as well without calling any witnesses. Daybell chose not to testify.

“We don’t believe the state has proved its case, so the defense will rest,” defense attorney James Archibald said.

Closing arguments in the case will be held on Thursday, giving attorneys time on Wednesday to draft instructions for the jury. The jury could begin deliberations Thursday.

Just before resting their case, prosecutors asked for an amendment to the charges against Daybell, citing a clerical error.

DAY 25 | LIVE UPDATES: Prosecutors and defense rest in Lori Vallow Daybell murder trial

Judge Steven Boyce approved the change from grand theft with intent to deprive to grand theft by deception, agreeing it seems like a clerical error, but said the timing of the request is “sort of unbelievable” because of how many prosecutors have worked on the case.

“It’s disappointing that the court has to consider this at this point in the proceedings,” he said.

Earlier Tuesday, Boyce approved a request from media outlets to broadcast the verdict once it is reached by the jury.

He said the court will broadcast the verdict on its official YouTube channel, which will be streamed on KSL.com. The court entered an order prohibiting video and photographic coverage of the trial in September. Boyce said much of the rationale for removing visual coverage does not apply after the closing arguments in the case have been made.

Lori Daybell is charged with murder, conspiracy and grand theft in the deaths of her two children, 7-year-old JJ Vallow and 16-year-old Tylee Ryan. She is also charged with conspiracy in connection with the death of Tammy Daybell, her new husband’s previous wife. Chad Daybell is charged with murder for the same three deaths.

Experts testify

Nicole Heideman, a tactical specialist with the FBI, testified Tuesday about communications that investigators discovered between Chad and Lori Daybell shortly after they met. She said stories about “James and Elena” sent between the two mirrored their own story — when they met, conferences they attended and different meetings and locations.

She said, in the stories, there are descriptions of intimate interactions between James and Elena, with one description talking about “powerful bonding.”

These intimate interactions are also seen in texts between the couple as they discussed love and chemistry between them.

“There appeared to be some planning of missions and planning of their life together as a couple,” Heideman said.

Nicholas Edwards, an investigator with the Idaho Attorney General Office, specifically investigated Tammy Daybell’s death. He said on Oct. 3, 2019, Chad Daybell sent Lori Daybell a text that said: “Good night angel Lilii. So excited to go on our date (fire emoji).” The next day he sent a text saying, “Dreaming of caressing you in your bed. I adore you.”

On Oct. 5, 2019, Edwards said he urged his wife, Tammy Daybell, to visit her family in Utah.

According to Edwards, there were 90 calls and text messages between Chad Daybell, Lori Daybell, her brother Alex Cox and Cox’s future wife Zulema Pastenes on Oct. 9, 2019 — the day Tammy Daybell reported that she had been shot at outside her home. He said this was significantly more communication than on other days.

This included eight texts between Cox and Chad Daybell around 1:30 p.m.

Edwards said an internet search from Cox on that same day also piqued his interest when he looked through data pulled from Cox’s iCloud account: What would a Grendel round do to a Dodge Dakota?

“The Daybells owned a Dodge Dakota, and that naturally caught my attention,” Edwards testified.

Prosecutors believe Cox was an accomplice in the killings. He died on Dec. 12, 2019, the day after Tammy Daybell’s body was exhumed, of what investigators believe were natural causes. He was never charged in the case.

Grendel is gun manufacturer that makes an AR-15 model which police found at Cox’s apartment while carrying out a search warrant, Edwards said.

Cox that day also searched “how to clean an AR (15).” And the day before, he searched “Grendel 6.5 drop from 100 to 300 yards.”

“If you’re searching for a drop, you’re trying to figure out how far you can shoot and hit the target?” prosecutor Lindsey Blake asked Edwards, who answered “yes.”

Edwards also said on the night of the attempted shooting, Lori Daybell and Pastenes met to do a “casting” on Tammy Daybell. Previous witnesses have testified that the term refers to getting rid of a demonic spirit from someone who is possessed.

The four individuals also communicated the night of Oct. 18, before Tammy Daybell was killed, he said. Chad Daybell called to report her death on the morning of Oct. 19.

Around this time, Lori Daybell texted Chad Daybell from Hawaii, suggesting he come visit her. “Need you to hold me tight,” a message said. Chad Daybell responded that he needed to be in Idaho, sorting out “financial stuff” and asked her to come to Idaho in a series of romantic texts.

“I know exactly how you feel. I am feeling sad. But it isn’t for the reason everybody thinks!” Chad Daybell texted, according to Edwards.

The defense and prosecution have clashed over whether Tammy Daybell was shot at on Oct. 9 with a real gun or a paintball gun, which is what she originally thought happened.

As part of his investigation, Edwards said he canvassed the community, asking if any neighborhood kids owned a paintball gun — they didn’t. He also told prosecutors that the specific gun found at Cox’s apartment could be mistaken for a paintball gun, with a large scope mounted on top that might look like a hopper, which feeds paintballs into the gun’s chamber.

But the exact sound it would make was another sticking point — Edwards told the defense that it likely wouldn’t make a “whooshing” sound, which is what Tammy Daybell originally reported. But then he told prosecutors that if it jammed or misfired, it could make that noise.