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BOISE — Prosecutors and defense attorneys questioned deputies from the Freemont County Sheriff's Office and a Rexburg detective on the third day of Chad Daybell's murder trial.
Rocky Wixom, the Fremont County deputy prosecuting attorney, questioned Rexburg detective Eric Wheeler, who was at Daybell's home the morning of June 9, 2020, when the body of Lori Vallow Daybell's 7-year-old son was found buried on Chad Daybell's property.
The 55-year-old Rexburg man is charged with murdering his former wife, Tammy Daybell, and the children of his new wife, Lori Vallow Daybell.
Wheeler told the court he arrived at the home just after 7 a.m., along with law enforcement from the Rexburg Police Department and the Federal Bureau of Investigation. Wheeler said he saw Chad Daybell leave the home about 7:30 a.m. and move his vehicle to a location where he had a better view of the fire pit area in his yard before sitting in his vehicle for a while — occasionally looking "awkwardly" over his shoulder at the investigators working.
'I'm not coming back'
Chad Daybell eventually drove to his daughter Emma's house, which was kitty-corner to his own, and went inside for between an hour and 90 minutes, the detective said. When Chad Daybell left the house, he got in his car and drove away in what appeared to be a hurry, according to Wheeler, who said he was then told to "hurry and go stop him."
Wheeler said he stopped Chad Daybell near the Fremont/Madison County line, handcuffed him and detained him in his patrol car. It was at this point that Chad Daybell was informed that the remains of Joshua "JJ" Vallow had been found on his property, according to Wheeler.
Prosecutors then showed a video of Chad Daybell taken from a camera inside Wheeler's patrol car. The video shows Chad Daybell in the backseat of the car. Emma, his daughter, approaches the car and tearfully tells her dad, "I love you so much."
Chad Daybell tells his daughter where she can find cash and company bank cards to pay for the mortgage and other family expenses. After discussing a car payment, Chad Daybell said, "I'm not coming back."
During cross-examination of Wheeler, defense attorney John Prior introduced body camera footage from Wheeler and repeatedly asked about where Chad Daybell was looking before going over to his daughter's house. He asked why Chad moved his car: "If you have such a good view of the fire pit and the pond and the tree where JJ was found, if your purpose is to observe or see what's going on for some nefarious reason, why would he move?"
Wheeler then said Chad Daybed was asked to move the car by law enforcement.
After detaining Chad Daybell, Wheeler said he returned to the house about 1:30 p.m. and helped other officers continue to search the property for remains. He described finding a portion of a skull, along with flesh and other bones melted in a bucket, which he assumed to belong to 16-year-old Tylee Ryan — the other remains found on the property.
Before breaking for lunch, attorneys also questioned former Fremont County deputy Vince Kaaiakamanu and began questioning Fremont County Lt. Joseph Powell, who was notified of the death of Tammy Daybell in October 2019 and later contacted by law enforcement from Gilbert, Arizona, seeking a gray Jeep Wrangler with Texas plates, and a copy of Tammy Daybell's death report.
Tammy Daybell's exhumation
When the court returned Monday afternoon, lawyers for both sides questioned Powell about getting an order from a judge to exhume the body of Tammy Daybell, which occurred on Dec. 11, 2019, in Springville.
Prosecutors showed photos taken during the exhumation and autopsy, and Powell described witnessing the exhumation and following the hearse with the casket inside to the medical examiner. He said he didn't see any tampering with the casket or body throughout.
Powell also testified to seeing Chad Daybell and Lori Vallow holding hands while visiting a Hobby Lobby on Nov. 1, 2019, just 12 days after Tammy Daybell's death. The deputy said he established a relationship between Lori Vallow and Chad Daybell while surveilling Lori Vallow after he learned from Arizona police that she and Alex Cox may be involved in an attempted shooting in Gilbert.
On cross-examination, Powell said he sought the exhumation order from a judge without looking at the death certificate for Tammy Daybell — which lists her cause of death as a cardiac event and pulmonary edema. Although Chad Daybell is not charged in the murder of Charles Vallow, Lori's former husband, or the attempted murder of Brandon Boudreaux in Arizona, Powell said he sought an autopsy of Tammy Daybell because of Chad Daybell's connection to Lori Vallow and her suspected connections to the death of her husband.
Powell and Wheeler could both be called to testify again as the trial continues.
The day concluded with the introduction of Nicole Heideman, an FBI tactical specialist, as a witness. Heideman told prosecutors how she and other agents attributed various phone numbers to Chad Daybell, Lori Vallow and Alex Cox.
The trial was adjourned before Heideman could be cross-examined, and she is expected to take the witness stand again on Tuesday morning when the trial continues at the Ada County Courthouse in Boise.
Thursday testimony:
