Daybell-Vallow trial

[Calm]

4 hours ago, bluebell said:

Is it possible for the jury to find her innocent because she’s insane? Because putting her on the stand and letting her ramble about all of the stuff could end up getting her off that way, if that’s still an option on the table.

But hopefully it’s not.

Idaho does not have “innocent due to insanity” as an option.  If found incompetent now, she goes under care until better and then goes back to prison.  I have no clue what the option is if she was found to be mentally incapable during the commission of the crime, but her ability and choice to lie to the police demonstrates that she knew it was a crime and took steps to avoid being caught…which means she is sane enough to be tried in Idaho if I understand their law well enough…or rather the explanation of the law given in several places discussing this case.

She won’t be serving her time in a more comfortable setting, iow.  It would at best just delay the inevitable.

Ken, I may have already asked this, but what does happen if someone is found to be mentally incompetent during a crime?

Edited May 9, 2023 by Calm

[Calm]

DUI increases the punishment in Idaho if I understand this correctly.

https://boiseduilawyer.org/dui-manslaughter-in-idaho/#:~:text=In Idaho%2C a person convicted,of up to one year.

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Felony gross vehicular manslaughter can face additional charges in circumstances where the fatality happened while the driver was under the influence of alcohol or drugs, resulting in a DUI accident. 

In Idaho, a person convicted with a felony DUI manslaughter is punished with fines of up to $15,000, with a potential jail sentence of up to 15 years. Misdemeanor vehicular manslaughter is punishable with fines of up to $2000 with a possible prison sentence of up to one year.
Involuntary manslaughter is penalized by a fine of up to $10,000 and/or a jail sentence of up to 10 years.

 

[Calm]

Missed this early…

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10:42 a.m. Edwards learned Tammy usually parked along the long driveway at the back of the property. She would often enter through the back door. On the night of the shooting, she parked in the front of the house. This was different from her usual pattern.

10:41 a.m. Blake now shows a photo of the front of Chad’s house. We now see an overhead image of the Daybell property.

10:40 a.m. We now see a slide showing a breakdown of the 90 calls between Alex, Chad, Lori and Zulema on Oct. 9 and 10. Chad and Alex were communicating between 8:28 p.m. and 9:29 p.m. the night of Oct. 9. This would have been during and right after the time Tammy Daybell was shot at.

 

[Calm]

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11:02 a.m. The night Tammy died, her phone is active and playing games at 10:22 p.m. At 11:28 p.m., a jpeg is deleted from her phone. There are then texts between Chad and Lori. At 11:46 p.m., Alex is leaving the LDS church parking lot near Chad’s house. Alex calls Lori and then talks from 11:53 p.m. -12:09 a.m Lori texts Zulema at 12:10 a.m. Chad texts Lori at 12:35 a.m.

11 a.m. Lori was in Hawaii on Oct. 18 to 19. It shows text messages and location activity between 6:13 p.m. and 12:35 a.m. There are texts between Lori and Chad, Alex and Chad and Alex and Lori.

 

[Calm]

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11:07 a.m. On Oct. 20, L to 😄 “What’s on your agenda today?” C to L: “Need to meet with the mortuary today. I hope to be able to talk after I can get my parents to go home.” 

What a jerk.   No appreciation of anyone but his lover. 

Edited May 10, 2023 by Calm

[Calm]

State rests after some clerical changes approved to the indictment. The judge was not happy. Sloppy work by prosecution waiting till the end. I have never followed a court case before. I wonder how unusual this is and if this was not all that professional at times. 

[Calm]

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1:43 p.m. “If the court needs time to review the evidence, we are not opposed to the court taking time. While the court reviews it, I will ask for a break so me, my co-counsel and investigator can meet with my client to decide how she wants to proceed with a defense. I will ask for a 15 minute recess to go to a secure location so we can have an open discussion about my client’s right to proceed.”

1:41 p.m. Archibald: “Rule 29 provides for a mechanism for the court to review the evidence that’s been submitted and determine if there’s been sufficient evidence on each count to proceed to the jury. Under Rule 29, we are asking the court to review the evidence and determine if there is sufficient evidence on each count, including overt acts, to submit the matter to the jury.”

Feels like a delay tactic to give them another chance to persuade LVD to do something or not do it. 

[Calm]

What the heck….

I must not have refreshed the page and missed all this.

Defense isn’t putting on a case at all. I guess they figured the only thing that might work was her testifying and saying how duped she was and she doesn’t want to. My guess is she doesn’t want to be compelled to answer in cross as I bet she would love to have a captive audience to tell her story too. 
 

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2:31 p.m. Jurors will be dismissed for the day. Tomorrow Boyce will meet with the defense and prosecutors to work on jury instructions. Closing arguments will be heard Thursday morning.

2:30 p.m. Boyce tells Lori she has the right to exercise her 5th amendment right and can not be compelled to testify. He asks if it’s her decision to not testify. “Yes, your honor.” she says.

2:27 p.m. Boyce is on the bench. He says he has taken Rule 29 under advisement. Archibald says, “We don’t believe the state has proved its case so the defense will rest

61 witnesses for prosecution, 0 for defense. The claim they haven’t been proven is laughable. 
 

Now just closing arguments for both. Hopefully the prosecution does a good job at connecting the dots. Given what they have presented so far they will. 
 

Since the defense didn’t present any contrary evidence and they won’t be able to present new evidence in closing, their only choice is to argue the evidence can be interpreted another way or isn’t up to reasonable doubt as far as I can tell. I wonder if we will get closing starting this week, maybe even finishing. 

Edited May 10, 2023 by Calm

[Tacenda]

12 hours ago, Calm said:

What a jerk.   No appreciation of anyone but his lover. 

I think he is inhuman.

[Calm]

12 minutes ago, Tacenda said:

I think he is inhuman.

I wish…too many humans like this, minus the crazy.

[bluebell]

I saw last night that the judge agreed to televise the verdict when it’s read. So that will be interesting.

[Calm]

Looks like closing arguments may be done today…I have no clue how long they might last.

According to Nate Eaton, there is an upbeat mood in the court.

Of course the judge found there was enough evidence presented by the State to proceed…motions are being covered now.

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8:41 a.m. Boyce lists witness testimony and evidence presented during the trial that shows there is a sign of potential guilt. He says the state provided sufficient evidence to back up the charges.

8:40 a.m. Boyce says substantial evidence has been presented during the trial and he’s gone through the elements of the charges. He lists the charges (scroll down to 8:05 a.m. to read them).

8:37 a.m. “The court must deny a motion if there is some evidence of guilt presented at trial,” Boyce says. He cites case law about Idaho Rule 29, the motion for judgment of acquittal. “Obviously this has been a long trial with a lot of witnesses and a lot of evidence presented

I might not look in too often today as I am going to listen to the arguments audio tonight quite late.

https://www.eastidahonews.com/2023/05/day-27-live-updates-closing-arguments-to-be-held-in-lori-vallow-daybell-trial/

[Calm]

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He reads from rule #5 that the defiant has a right not to testify.

Freudian slip by Nate, lol

[Calm]

State rests…defense closing arguments after a break….guessing they will be done in time for lunch 

[Calm]

Not what I expected, much less complicated presentations.

Archibald’s is real simple.  It’s Chad’s fault.

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12:08 p.m. Archibald says on the jail phone call from Chad, Lori did not know the kids were in the backyard. “Chad knew but does she know that Chad and Alex stuffed her kids in Chad’s backyard? Go listen to it again and you make your determination.” 

12:06 p.m. Archibald recalls Officer Ray Heromosillo’s testimony. He testified that Chad Daybell, when the police showed up, called his lawyer. “And what’s Chad doing? He’s outside looking over his shoulder then he sped away and got arrested. So when Chad was looking over his shoulder, what’s that inference? That Chad knew what was in his backyard. He knew that time was short for him.”

So has LVD lost her infatuation after three? years of imprisonment and is eager to throw Chad under the bus, semi truck, and steam roller or is it just a meaningless game her and her lover are playing in her mind?

I don’t think it’s wise of him to be flippant about what happened to the kids as that could easily get attached to his client, though no doubt he is trying to convey that is the attitude of CD and AC.

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Does she know Chad and Alex were out in the backyard together? remember all the GPS data? Lot’s not there. Lori’s not in the backyard when Chad and Alex are. She’s not coming and going from Chad’s property on those days. She’s not there. They are calling and texting her. Are they texting about today’s the day we are going to kill some people? We don’t know that. Maybe they were texting about running an errand – ‘Do you want a real Coke or a Diet Coke?”

More flippancy that could bite him.  Why would they concern themselves with that kind of texting with her when they are burying a child?

Edited May 11, 2023 by Calm

[Calm]

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12:18 p.m. Archibald says Lori lied to protect Chad – her lover, her eternal in how many worlds companion. “How can someone have that much control over you? We’ve heard how reason and common sense go out the windows sometimes when religious principles are involved,” Archibald says.

12:16 p.m. Archibald says on Lori’s rental application for her Rexburg home, she listed JJ and Tylee as her kids. “Why tell everyone you had two kids? Why enroll them in school? Why hire a babysitter? The only thing that makes sense to me if she didn’t have a plan. She wanted to be with Chad. They were obviously having an affair. Chad told her all the time about life and dark things but there was no plan by Lori to kill her kids.”

 

[Calm]

Pretty much…Lori is a good mother who wanted to protect her kids.  Chad lied to her.  It would be stupid for her to choose Chad for money, power, or sex.  Prove me wrong…oh, and ignore that whole killing of Charles thing as she’s not charged with that.

Rebuttals after lunch.

[Calm]

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1:34 p.m. We are back in the courtroom. Lori has her back to the crowd and appears to be wiping tears from her face. John Thomas is close to her and has his arm on the back of her chair. She does not appear to be happy.

Maybe Loverboy portaled over during lunch and told her she is no longer protected from the demons, dark ones, and zombies since she has turned on him.

[Calm]

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2 p.m. Wood: “When Lori would tell her friend (Zulema) that nothing she did in this life counted for her, that she could do whatever she wanted, she made a little motion. (he taps the podium and raises his hand and says, ‘Doesn’t count for me’). Well make it count for Lori Vallow that Tylee Ryan will never go to college. That her remains were buried and put in a bucket. Make it count for Lori Vallow that JJ Vallow, a boy with special needs, had a plastic bag over his head and fought for his life. And make it count for Lori that Tammy Daybell had to die so Lori could get to that money. Ladies and gentlemen, reason and common sense. Reason and common sense. You must convict her.”

1:57 p.m. Photos of Tammy, Tylee and JJ are on the screen. Wood: “If she didn’t intend for their children to die, what mother doesn’t go report that they are missing or dead? It makes no sense to say she is a good mom when she’s not reporting the deaths of her children or that her children are missing. She intended the deaths. You have the evidence. You must convict her.”

1:56 p.m. Wood: “When Chad says the kids are 2 or 3 percent, she’s upset it’s not zero. The defense says there’s no text about killing the kids. (Wood now quotes) ‘Do you think there’s a perfectly orchestrated plan to take the children?'”

1:55 p.m. Wood: “When Chad Daybell is texting her about going into the light, we all know what that means. And what does she say? ‘Let’s not kill kids’ – no, she says, ‘That is sweet.’ Lori’s own words hold her words against her. Think about the times she says she has no more patience.” Wood shows slides of texts between the two about death percentages and romantic texts.

1:53 p.m. Wood mentions the storm text. “What does Chad say? ‘Grab me by the storm and I will follow you to the end of the universe!’ Not, ‘Follow me, Lori.’ Don’t let Lori pin this all on one other person.”

1:52 p.m. Wood pushes back on the defense that Lori’s hair could have been on the sock, pajamas or in the bag. He says the hair was not in those places – it was on duct tape surrounding the plastic bag. “Lori knew exactly what was going on.

1:51 p.m. A slide is on the screen that says “show you the evidence.” Wood tells jurors to listen to the jail phone call from Chad to Lori: “You will hear the guilt and the fear in her voice because she and Chad both know what the police are going to find.” He tell them to watch the body camera footage when she and Chad are chilling by the pool.

1:50 p.m. Wood: “The innocent don’t need to lie. The guilty lie.”

1:49 p.m. Wood: “Remember the last thing Summer testified to you? Her own sister? When she was asked if Lori had been honest with her about the kids? Her response was Lori had lied. Lori lied to cover her crimes. Repeatedly. Does a good mom jet off to Hawaii when the rest of the world is looking for her kids?”

1:48 p.m. A graphic is shown on the screen that says “Lies Lori told – tell is what REALLY happened.” There are 14 circles with statements in each circle – from Tylee Ryan attending BYU-Idaho to Charles Vallow dying of a heart attack to telling Melanie Gibb that JJ was with Kay.

I thought Wood’s rebuttal was well done.  That “make it count” is an attention getter, I imagine that will stick with them.

Edited May 12, 2023 by Calm

[Tacenda]

10 hours ago, Calm said:

I thought Wood’s rebuttal was well done.  That “make it count” is an attention getter, I imagine that will stick with them.

Wow, if she isn't found guilty that would insane. 

[katherine the great]

Verdict is in. It will be broadcast around 12:45. 

[katherine the great]

14 hours ago, Calm said:

Maybe Loverboy portaled over during lunch and told her she is no longer protected from the demons, dark ones, and zombies since she has turned on him.

I was in the portal when the storm zipped right past me. He looked furious!

[katherine the great]

Guilty on all charges. As expected. Yay, Idaho jurors!  (Lori is stoic)

Edited May 12, 2023 by katherine the great

[Calm]

Excellent.  Nice they could be home for the weekend. I am not surprised they got it done that quickly. Review the evidence to be sure everyone is clear on it and vote. 
 

Now for CD…

Edited May 12, 2023 by Calm

[Calm]

3 months till sentencing?  Wow, oh well.  Not as satisfying as I would hope.

I wonder if her all black was an intentional sign of mourning choice.