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BOISE — 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. Lori 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.
Lori Daybell's attorneys also asked Judge Steven Boyce to consider Idaho Rule 29, a motion for judgment of acquittal. Boyce did not issue a ruling Tuesday.
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.
An increase in communication on key dates
Nicholas Edwards, an investigator with the Idaho Attorney General's Office and the prosecution's final witness, specifically investigated Tammy Daybell's death.
Edwards testified Tuesday that 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, and it included eight texts between Cox and Chad Daybell around 1:30 p.m.
But the exact contents of that communication was not disclosed Tuesday, a point Lori Daybell's attorneys zeroed in on. The prosecution noted that other officers did in fact review the contents of much of that correspondence.
"You don't have those text messages, right?... So you don't know what they were talking about?" asked John Thomas, one of Lori Daybell's attorneys.
"Based on my training and experiences, I believe they were talking about an attempted shooting," Edwards answered.
"Of a paintball gun?" Thomas clarified.
"No, of an attempted homicide," Edwards said.
The defense and prosecution have also clashed over whether Tammy Daybell was shot at 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.
Edwards also testified that Chad Daybell, Lori Daybell, Cox and Pastenes also communicated the night of Oct. 18, before Tammy Daybell died. 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 to 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.
A curious internet search
Edwards also testified about an internet search from Cox, made on the day Tammy Daybell was shot at, that 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.
Alex Cox's role in murder case detailed in Lori Daybell trial
The first week of arguments and witness testimony in the trial of Lori Vallow Daybell ended Friday with chilling new insight into the role of Alex Cox, Daybell's brother who himself wondered whether he was his sister's "fall guy" shortly before he died in December 2019.'James and Elena'
Nicole Heideman, a tactical specialist with the FBI, testified earlier 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.
A 'clerical error' and what's next
Just before resting their case, prosecutors asked for an amendment to the charges against Daybell, citing a clerical error.
Boyce approved the change of one charge 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," the judge said.
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 in September prohibiting video and photographic coverage of the trial. Boyce said much of the rationale for removing visual coverage does not apply after the closing arguments in the case have been made.
On Wednesday, the court will go over jury instructions, a process that is expected to be closed to the public. On Thursday, closing arguments in the case will begin.
Monday testimony:
