Judge says error on indictment for JJ’s murder not grounds for acquittal of murder charge

BOISE (KSL.com) — Judge Steven Boyce connected Thursday caught a captious correction successful nan indictment against Chad Daybell for 7-year-old Joshua “JJ” Vallow’s execution and asked for further statement connected what to do pinch nan charge.

After considering attorneys’ arguments connected a discrepancy successful nan dates successful charging documents, he denied a defense mobility to acquit Daybell connected that charge. But Boyce said he had not yet wished really nan tribunal would hole what he believes is simply a “clerical error.”

The mobility proceeding came aft nan prosecution called its last witnesser and rested its lawsuit against Daybell.

Daybell is connected trial, charged pinch first-degree execution successful nan decease of his wife, Tammy Daybell, and successful nan deaths of his caller woman Lori Daybell’s children — 7-year-old JJ Vallow and 16-year-old Tylee Ryan. He is besides charged pinch conspiracy to perpetrate first-degree execution of each of nan victims, expansive theft and 2 counts of security fraud.

Death percentages

FBI supplier Doug Hart testified that 7 days aft Lori Vallow Daybell’s erstwhile husband, Charles Vallow, was changeable and killed, Chad and Lori Daybell began texting each different astir nan “death percentages” of nan 3 group Chad Daybell is now connected proceedings for killing.

Hart, who was tasked pinch looking into nan couple’s texts, was nan last witnesser called by nan prosecution.

He told jurors a “death percentage” refers to really adjacent nan mates believed a personification was to death. The speech astir decease percentages is simply a bid of texts pinch varying degrees of item complete 3 weeks successful July and August of 2019, Hart testified.

Hart said his investigation recovered that successful Chad and Lori Daybell’s matter conversations, sometimes debased numbers meant adjacent to decease and sometimes precocious numbers meant adjacent to death; nan meaning was not consistent.

When Chad Daybell said Tammy Daybell was astatine 3% and JJ was astatine 2% astir erstwhile Lori Daybell moved to Idaho, Lori Daybell questioned, “Not zero?” Hart said, successful this case, little meant person to death.

At 1 point, Lori Daybell texted Chad Daybell, aft speaking astir her niece’s children, that she and nan niece were “both truthful tired of taking attraction of demons. We are weary. Please inquire nan Lord to return them!”

Later Chad Daybell said JJ’s percent was astatine zero, and Lori Daybell responded she sensed JJ was “barely attached to his body.”

Hart said astir texts successful which Chad Daybell references Charles Vallow’s decease percent and compared it to Tammy Daybell’s percentage. Hart said, “Charles Vallow didn’t person a bosom onslaught aliases dice successful his slumber … he was changeable and killed, truthful these decease percentages by Chad Daybell are not simply a reference to earthy deaths.”

Hart besides talked astir texts wherever Chad Daybell referred to a floor plan that he claimed accurately predicted nan deaths of different group who had died, including a neighbor, George H.W. Bush and Stan Lee.

‘A perfectly orchestrated plan’

Hart talked astir a circumstantial group of texts connected Aug. 10, 2019, astir a period earlier Tylee’s death, that he said show “the clearest and astir circumstantial reference to a scheme regarding Tylee and JJ.”

He said Lori Daybell asked Chad Daybell if location was “a perfectly orchestrated scheme to return nan children.” Chad Daybell’s consequence was, “There is simply a scheme being orchestrated for nan children. I was shown past nighttime really it fresh together, but it has been taken from my mind of course.”

Hart said nan mates often referred to a “big plan” and a decorativeness line, which he wished was “for Chad Daybell and Lori Daybell to unrecorded this imagination life together” distant from their erstwhile spouses and Lori’s children.

After Lori Daybell said successful a matter that Chad Daybell would person to spell backmost to his location aft visiting her, he responded that “extreme changes” were coming, and he welcomed nan change.

“Within 3 months of this date, Tylee, JJ and Tammy are each dead,” Hart said.

On Oct. 5, 2019, Chad Daybell told nan then-Lori Vallow that his wife, Tammy Daybell, was successful limbo and location was a demonic entity named Viola successful her body.

Texts from Chad Daybell said, “I person connected pinch Tammy successful Limbo, and she is very disappointment and upset. She wants Viola to beryllium removed arsenic soon arsenic possible. … Not afloat judge of nan timing for removal, but erstwhile her actions verify nan differences, I don’t want to wait.”

Hart said removal would bespeak beingness death, based connected his reappraisal of different messages. He said a fewer days later, Oct. 9, 2019, was “the first effort connected Tammy Daybell’s life,” and she died a fewer weeks later connected Oct. 19, 2019.

In messages sent nan greeting of Oct. 20, 2019, Lori and Chad Daybell texted astir spending nan nighttime together and uncovering a condo successful Kauai, Hawaii, to unrecorded successful astatine nan commencement of nan adjacent month. Chad Daybell said, “I’m emotion sad, but it isn’t for nan logic everyone thinks!”

Hart said neither Chad nor Lori Daybell expressed condolences astir nan nonaccomplishment of their spouses. They joined successful Hawaii connected Nov. 5, 2019.

Chad Daybell claimed to origin pain

In summation to Chad Daybell being a root Lori Daybell would look to for decease percentages, Hart said he would besides talk astir “giving pain” to group astir Lori Daybell.

In 1 message, aft telling Lori Daybell that Tylee’s decease percent is astatine 0.13 and JJ’s is astatine 99.99, Chad Daybell talked astir turning up symptom and placing a “spiritual virus” wrong Tylee. In that aforesaid message, Chad Daybell said he had visited JJ and told JJ “to travel Amy ‘into nan light,’ which is simply a communal reference to death,” Hart said, noting he doesn’t cognize who “Amy” is.

Lori Daybell’s consequence to nan connection was, “That is sweet! I miss you desperately!!”

Lori Daybell besides asked astir decease percentages for her niece Melani Pawlowski’s son, who Hart said was 3 aliases 4 years aged astatine nan time. Chad Daybell told Lori Daybell nan boy’s “desire to depart” is astatine 80% and he utilized his “sword of light” to “slice” nan child’s aura and besides “decreased his symptom tolerance to 1 percent and greatly accrued his pain.”

In 1 lawsuit while Lori Daybell was connected a roadworthy travel pinch Pawlowski and her children, Chad Daybell offered to origin symptom to “those 2 3s you’re riding with,” referring to a standing he had antecedently given.

Lori Daybell responded, “Probably clasp disconnected connected them until we arrive. They will beryllium a correction to woody with. But I’ll matter you if they commencement acting up and we tin zap them.”

Plan to ‘eliminate them completely’

After Lori Daybell and her relative Alex Cox moved to Idaho, Cox texted his sister and told her his caller Wi-Fi password was “2manykids.” Lori Daybell’s consequence was “Funny!!” Cox past refers to “Zs,” which Hart said meant zombies. Other witnesses person said some JJ and Tylee were referred to arsenic zombies earlier their deaths.

Later successful nan conversation, Lori Daybell told her brother, “We r trying to get to nan bottommost of what we request to do to destruct them completely. (Heart emoji) I’m judge you will beryllium told also.”

Hart said this shows that Cox would besides person accusation astir nan plan.

The assemblage was shown a short video, made conscionable 5 days later, of Tylee hugging JJ astatine Yellowstone pinch Cox smiling down them.

The prosecution besides showed nan past video of JJ, showing him sitting connected a sofa pinch a drink. In texts 2 days aft nan video, Lori Daybell told a babysitter JJ’s grandparents had travel to get him. Heart said nan matter was nan “first lies” investigators could archive astir JJ’s location.

Finding nan children

Hart testified astir nan funeral sites of nan children, down Chad Daybell’s Salem, Idaho, home, and assisting successful searching for JJ and Tylee while they were still considered missing.

When asked whether investigators typically see parents arsenic suspects successful a lawsuit pinch missing children, Hart said, “You look everywhere; you cannot person blinders on.”

During his first study of Chad Daybell’s spot nan time nan children were found, Hart said he noticed a “change successful nan works maturation that’s reasonably distinctive,” wherever they would soon find JJ’s body.

The plants were a different color, and location was a deficiency of maturation straight complete nan grave.

“You could really consciousness a seam wherever nan sod had been taken up,” he said.

Hart said he contacted Chad Daybell’s children aft uncovering nan bodies. “Initially they agreed to (talk with) us, and past nan pursuing time declined to support that assignment aft speaking to Chad Daybell,” he said.

Hart testified different clip connected April 22 astir manipulating texts betwixt Lori and Chad Daybell. He said aft a fight, Chad Daybell sent Lori Daybell a connection saying, “The angels are angry that you are ignoring me.”

Typo puts complaint for JJ’s execution successful question

After nan prosecution had vanished calling witnesses Thursday morning, defense lawyer John Prior asked nan judge for a directed verdict, meaning he would for illustration nan judge to norm location was not capable grounds presented to convict Chad Daybell.

“There is nary denotation that Mr. Daybell was present, took an progressive portion in, aliases facilitated successful immoderate way, nan execution of JJ and Tylee,” Prior said.

He said references to “significant belief discussions” were not capable to support nan conspiracy charges, and nan only grounds relating to fraud was nan summation successful Tammy Daybell’s life security policy, erstwhile she had a longstanding argumentation from 2002.

Ingrid Batey, typical appointed prosecutor, based on successful consequence that nan judge’s determination should beryllium astir favorable to nan authorities astatine this point. She said nan assemblage should beryllium nan ones to see nan credibility of witnesses and really overmuch weight to springiness nan grounds presented.

Judge Steven Boyce denied nan mobility for each of nan charges, isolated from nan execution complaint for JJ Vallow’s death. He said nan charging documents said nan execution of JJ happened betwixt Sept. 8 and Sept. 9, 2019. Multiple witnesses person testified that JJ died betwixt Sept. 22 and Sept. 23, 2019, but Tylee died betwixt Sept. 8 and Sept. 9, 2019.

The judge asked prosecutors to reside why Chad Daybell should not beryllium acquitted connected that charge, arsenic location was nary grounds astatine proceedings that JJ was murdered connected nan dates successful nan charging documents.

After a break to investigation nan topic, Batey based on location are aggregate ways nan tribunal could lick nan issue. She said prosecutors did not person support from nan tribunal to alteration that day aliases that complaint truthful nan original charging documents wherever nan dates are correct could apply, nan judge could alteration nan jury’s instructions to opportunity “in September of 2019” alternatively of giving circumstantial dates, aliases nan judge could let nan prosecution to unfastened its lawsuit again, successful bid to amend nan indictment.

“Frankly, your honor, it’s not a due taxable for a mobility for acquittal. In fact, a day is not an constituent of a crime,” Batey said.

Prior said immoderate alteration would create a “substantial owed process argument” for Chad Daybell successful an appeal. He said nan authorities does not person nan correct to do immoderate of those things, and could only inquire to make a correction earlier it rested its case. He based on location is nary “wiggle room.”

“Four lawyers person had complete a twelvemonth to analyse this,” he said. “They’ve mislaid their chance, they don’t get to spell back.”

After different break to see his decision, Boyce said nan “procedural history” of nan complaint is important, and betwixt May of 2021 and February of 2024, nan dates successful nan charging documents were correct and nary changes to that complaint were authorized by nan court.

He said he considered whether a alteration would supply prejudice to Chad Daybell and nan correct of nan authorities to activity justice. He said Chad Daybell had announcement of which dates nan prosecutors intended done nan earlier documents and knowledge of Lori Daybell’s proceedings and condemnation successful 2023.

“There’s surely nary astonishment that would travel to nan defense knowing that nan dates that person been alleged are nan 22nd and 23rd,” he said.

Prior will statesman calling witnesses connected Monday greeting arsenic nan defense originates to coming their case.