'No scientific evidence' Tammy Daybell died of homicide, defense pathologist says

Dr. Kathy Raven, a forensic pathologist from California, contradicted autopsy results Tuesday that show Tammy Daybell died of asphyxiation, and that her cause of death was homicide.

Dr. Kathy Raven, a forensic pathologist from California, contradicted autopsy results Tuesday that show Tammy Daybell died of asphyxiation, and that her cause of death was homicide. (Judge Steven W. Boyce via YouTube)


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BOISE — Joseph Murray testified Tuesday about the atmosphere around his neighborhood once his father-in-law, Chad Daybell, was arrested.

Murray said he resented the presence of Rexburg police detective Ray Hermosillo driving up and down their road several times a week. He said their church congregation became unfriendly, and their family experienced "lots of dirty looks."

Under cross-examination during Daybell's triple-murder trial, Murray spoke of another police encounter on a night 10 days before the death of his mother-in-law Tammy Daybell, when she told police she was confronted outside her house by a man with what she believed was a paintball gun.

Murray provided information to a police officer who responded that night but told jurors he believed the officer reported their conversation inaccurately, on purpose.

Somewhat abruptly and unprovoked, Murray said, "I would rather choose any other profession" than law enforcement officer.

Murray also verified that after Daybell was arrested, his father-in-law gave him and his wife, Emma, around $17,000 in cash, moved them into his house and gave them a truck. Daybell gave all his children at least $8,000, Murray said.

His testimony seemed to be the last of the Daybell family members participating in the trial, after Daybell's oldest son Garth Daybell and daughter Emma Murray testified Monday the health of their mother was deteriorating at the time of her death.

KSL.com is streaming the trial each day:



The defense also called Dr. Kathy Raven, a forensic pathologist from California, to the stand Tuesday. She reviewed reports of Tammy Daybell's autopsy, after the woman's body was exhumed from the Springville Cemetery and examined by Dr. Lily Marsden and Dr. Erik Christensen, Utah's chief medical examiner at the time. Marsden and Christensen concluded Tammy Daybell died from asphyxia, and the manner of death was homicide.

"Either you have a cause of death or you don't," Raven said, arguing that there was "no scientific evidence of a cause of death." She said she would have classified the death as "undetermined."

On cross-examination, Fremont County prosecutor Lindsey Blake went down a list of documents and sources used in the medical examiner's determinations, asking if Raven had seen them. She was forced, one by one, to answer "No," she had not reviewed them. Prior protested, but his objection was denied. Later, the defense attorney would suggest that using those documents clouded the scientific determination with confirmation bias.

Seizures, heart arrhythmias and asphyxiation do not leave a trace that pathologists can pinpoint, Raven said.

There was no structural defect found in Tammy Daybell's heart, Raven said, and there were no medical records indicating a past history of seizures. Medical information on "shaking fits" and "seizure activity" was likely provided to examiners by Chad Daybell, she said.

Former Rexburg detective Rick Schmitt is sworn in to testify in the Chad Daybell murder trial Tuesday.
Former Rexburg detective Rick Schmitt is sworn in to testify in the Chad Daybell murder trial Tuesday. (Photo: Judge Steven W. Boyce via YouTube)

Prior called three other witnesses throughout the day for brief testimony. Reegan Price, who was Chad Daybell's neighbor, said she and her husband created a timeline of "strange events that happened with the Daybells over the last year" that they provided to law enforcement. She previously said she was willing to wear a wire and talk to Joseph Murray, and "do whatever it takes" to find the then-missing children of Lori Vallow Daybell, which were later found buried in the Daybells' backyard in Salem, Idaho.

Former Rexburg police detective Rick Schmitt was called to briefly testify about the "boundaries" used during the search for the two children in the backyard. He testified during in Lori Daybell's trial, describing the day he helped uncover the children's remains.

Investigator Asmir Kararic from the Idaho Attorney General's Office also took the stand briefly to speak about an interview he had with Lori Daybell's former friend Melanie Gibb.

The jury was dismissed early on Tuesday, due to scheduling conflicts with other expert witnesses. The trial, which is quickly nearing a conclusion, is set to resume at 8:30 a.m. Wednesday with more witnesses for the defense.

Chad Daybell is charged with first-degree murder in the deaths of his wife and the deaths of his new wife Lori Daybell's children — 7-year-old Joshua "JJ" Vallow and 16-year-old Tylee Ryan. He is also charged with conspiracy to commit first-degree murder of each of the victims, grand theft and two counts of insurance fraud.

Monday's testimony:

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