Chad Daybell trial: Charge for murder of Lori Vallow’s son will stand despite error

The defence in Chad Daybell’s case will begin calling witnesses today.

Among them will be experts and some of Daybell’s own children.

Last year, the defence for Daybell’s wife Lori Vallow called no witnesses and offered no defence.

There is no court today for Chad Daybell.

The trial will resume on Monday morning with the defence.

As the prosecution begins to wrap up its case, many are wondering who will take the stand in Chad Daybell’s defence.

In stark contrast to Vallow’s trial in which no experts were called and no witnesses testified on her behalf, the defence will call four experts and three or four of Daybell’s five adult children.

Defence attorney John Prior said in opening statements that he would present several experts in DNA, forensics and medicine who would testify that it’s impossible to determine what caused Tammy Daybell’s death and that none of Mr Daybell’s DNA was found with the children’s bodies.

“What’s important are facts and evidence,” Mr Prior told the jury. “Don’t be distracted by speculation, don’t be distracted by guesses or suspicions or hunches. It all comes down to facts and evidence.”

After six weeks, the state will call its last witness on Thursday.

Agent Hart, who is on the stand now at Chad Daybell’s trial, testified last year at Lori Vallow’s trial.

He testified that the doomsday couple exchanged thousands of text messages, voicemails and photos including messages “relevant to” the deaths of her children and their spouses and referring to them as “obstacles”.

In chilling messages, Vallow complained about being “tired of taking care of demons” while referring to her children.

“We r both so tired of taking care of demons,” she wrote in a text to Daybell in Augsut 2019 – one month before Tylee and JJ were murdered. “We are weary. Please ask the Lord to take them.”

The couple also spoke about inflicting pain on children and giving them “a reason to scream”.

In one exchange, Daybell asked if she wanted him to “cause pain” to the “two three’s” she was travelling with.

She replied to him telling him to hold off, but added that if they started to act up again “we can zap them”.

Daybell agreed and responded: “Sounds great. Yes, If they are going to act up, well at least give them a reason to scream.”

Read more from that testimony:

Chad Daybell was arrested on 9 June 2020 and booked into the Fremont County Jail after the remains of Lori Vallow’s children were found in his Rexburg, Idaho backyard.

He had left the house during the search as Rexburg Police, Fremont County Sheriff deputies and the FBI swarmed the property and began a dig that lasted for hours. But he was arrested a short time later.

Daybell has shown little to no emotion at his court appearances over the past four years.

On 21 March, he was transferred from Fremont County Jail to the Ada County Jail in Boise in preparation for his trial.

Daybell is charged with first-degree murder and conspiracy to commit murder in the deaths of the two children and the death of his former wife Tammy. He’s also charged with insurance fraud.

Prosecutors say that the couple conspired with Vallow’s brother Alex Cox to kill the children and Daybell’s wife both as part of their doomsday beliefs – but also to collect life insurance money, the kids’ social security and survivor benefits.

The murder trial of Chad Daybell took an intimate turn on Monday, as jurors listened to text messages exchanged with his wife Lori Daybell — and the name they had for his penis.

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.

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.