This is the last part of Tuesday 16th afternoon's testimony.
LIVE UPDATES FROM THE CHAD DAYBELL TRIAL
Excuse the typos – these are live updates from the courtroom
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3:20 p.m. Boyce says we are going to break for the day.
Watch ‘Courtroom Insider’ tonight at 6:30 p.m. MT for a complete rundown of everything that happened today.
3:18 p.m. Boyce asks for a quick sidebar with the attorneys.
3:17 p.m. Prior has no further questions. Neither does Wood. The witness will not be recalled.
3:15 p.m. Prior adds up how much Lori was receiving a month from SS. It was around $5,700-5,800 a month.
3:14 p.m. Prior asks when the SS payments end for Tylee. Saari says in January 2020. The benefits would have stopped automatically when she turned 18.
3:12 p.m. Prior clarifies how much Lori was receiving due to JJ and Tylee.
3:11 p.m. Prior says he heard a lot about Lori Vallow. “Are any of these documents in regards to Chad Daybell?” Saari says no. Daybell is not listed on any of the documents. Prior says Chad is not under any obligation to notify anyone in SS Administration that he was married to Lori. Saari says if Chad was aware she had responsibilities to report it and did not, it could be a problem.
3:10 p.m. Social Security funds belong to the US Treasury. Wood has no further questions. Prior will now ask some questions.
3:08 p.m. If a beneficiary dies or moves, SS Administration needs to be notified. Wood asks if a person such a Lori Vallow remarries, are they required to tell SS Administration? Saari says they are. Saari says Lori never reported Tylee and JJ died or were missing. She never reported that JJ and Tylee moved from Arizona to Rexburg. She never reported she married Chad Daybell. She never reported she moved to Hawaii.
3:07 p.m. Wood asks to admit an exhibit and shows it to the jury. It’s a copy of the reporting responsibilities given to Lori Vallow when she began receiving payments for JJ Vallow.
3:06 p.m. Wood asks if people are required to notify the SS Administration if they have a change of circumstances. Saari says they are – if they move, if someone dies, get married, etc.
3:04 p.m. Lori received $1,951 a month. In January 2020, the amount was lowered due to a debt she had to the US Treasury. The benefits then ended due to JJ’s whereabouts being unknown.
3:03 p.m. JJ Vallow started receiving $1,951 a month in September 2019 due to the death of his father. Lori Vallow was the representative receiving the Social Security benefits. The benefits stopped due to his whereabouts being unknown. Lori Vallow received Mother, Child and Care benefits for taking care of JJ following Charles’ death.
3:02 p.m. Tylee Ryan stopped receiving benefits in January 2020 due to the fact she could not be located.
3:01 p.m. Wood asks to admit a notice sent to Lori Vallow notifying her of the bank change. The letter was sent on Aug. 27, 2019.
2:59 p.m. Tylee received $1,859 a month because her father, Joseph Ryan, died in 2018. Lori Vallow received the payments because Tylee was a minor. Saari says the Social Security benefits went to a JP Morgan Chase account. Lori was also on the account. Saari says the bank account changed to a BBVA account on or about Aug. 20, 2019.
2:58 p.m. Saari says in January 2020, the FBI contacted his office to determine the whereabouts of JJ and Tylee and to find out if fraud was involved. Saari met with law enforcement and the FBI.
2:57 p.m. Rob Wood is questioning Saari. Saari says he investigates fraud and abuse in the Social Security office.
2:55 p.m. Next witness is Social Security Special Agent Mark Saari.
2:54 p.m. State and defense do not intend to call Det. Duncan again. He is free to go.
2:53 p.m. Prior asks if Duncan knows everything about Chad, Lori and Alex. Duncan says he does not – the evidence in this case in voluminous. Prior has nothing further.
2:52 p.m. Blake has no further questions. Prior asks for more time with the witness. Blake objects. Boyce says as long as it stays within the scope, he will permit.
2:51 p.m. Duncan says he recommended charges for Chad Daybell in connection to Charles Vallow’s death.
2:50 p.m. Duncan revisits the texts between Melanie and Lori where Lori said give me five minutes as she was trying to figure out what to do. Duncan says at the time, Lori was talking to Chad. Blake asks if he thinks Alex Cox killed Charles. He says he did. Blake asks if Duncan believes Alex acted alone. Duncan believes he did not.
2:48 p.m. Blake has some follow up. She asks if Duncan was involved in investigating Alex Cox’s death. He was not. Blake asks if Duncan is aware of what drugs Alex bought in Mexico. Duncan doesn’t know. Blake says on Nov. 24, Chad spoke to Alex about crossing over and his time being done. On Dec. 12, Alex dies.
2:46 p.m. Prior asks if Duncan was aware the blessing was two weeks before Alex died. Duncan says yes. Prior says Alex Cox died of natural causes and there was “no funny business.” Duncan says, “That we know of.” Prior asks Duncan if he’s aware Alex traveled to Mexico for cheap prescription drugs before he died. Duncan is aware. Prior has nothing further.
2:44 p.m. Prior circles back to the funeral home call. Prior asks when the call was made. It was the night Charles died. Prior says Lori and Chad were having an affair at the time. Prior asks if the phone call means Chad was connected to the death of Charles Vallow. Duncan says no.
2:40 p.m. Lori went outside with the kids and then Alex shot Charles. Duncan says two day before the shooting, he uncovered messages between Lori and Melanie Boudreaux. Lori sent a message to Melanie saying she needed five minutes to try and figure out what to do.
2:37 p.m. Prior asks about the day Charles was shot. Duncan says on the day of the shooting, Alex, Lori, Tylee and JJ were all present at her home. Alex told police there was an argument between Charles and Lori over his phone. An argument continued. Tylee came out of the bedroom with a bat. Alex says he was hit in the head with the bat and Lori left the house with Tylee and JJ.
2:36 p.m. Prior asks Duncan who Zulema Pastenes is. Duncan says she was married to Alex Cox and was a friend of Lori Vallow. Prior asks Duncan if the relationship between Lori and Cox was close. He agrees. Prior says, “Oddly close?” Duncan says he doesn’t know much about the intimacy between the two and he’s heard it described as such – but he doesn’t personally know.
2:35 p.m. Prior circles back to the patriarchal prayer and asks if it’s a crime in Maricopa County to give a blessing. Duncan says no. Prior says because you give someone a prayer, it doesn’t insinuate they committed a crime. Duncan says that’s correct.
2:33 p.m. Duncan says he left the LDS faith to practice another religion when he was 18. Prior says he’s not trying to disparage the LDS church.
2:31 p.m. Prior asks about Melanie Gibb, David Warwick and Zulema Pastenes. He says they are all members of the LDS faith and they talk about vibrations, probationary periods, gods and goddesses. Prior asks Duncan if he is aware that in the LDS faith, as you move forward, you become a god or goddess. Duncan is not aware of that.
2:30 p.m. Prior says, “This is an unusual case because there’s a lot of talk about religion.” Duncan says, “I agree.” Prior asks Duncan if Chad was reading off something during the blessing. Duncan says he isn’t sure. Prior asks Duncan if he knows what Chad did for his job. He was an author. Prior says it sounds like Chad was writing a book during the blessing.
2:29 p.m. Duncan says right now Chad is not being charged but there is no statue of limitations for homicide in Arizona.
2:27 p.m. Prior asks Duncan is he received a copy of the prosecutor’s statement on whether or not to charge Chad Daybell in connection to Charles Vallow’s case. Duncan remembers getting the report. Prior asks Duncan to review the document and asks the reason the prosecutor did not charge Chad. He says, “There is no reasonable likelihood of conviction.”
2:24 p.m. Prior is back questioning Duncan. Duncan says in Maricopa County, they submit their recommended charges to the prosecutor. The prosecutor then decides whether to pursue charges or not.
2:23 p.m. Prior asks to approach. Attorneys having a sidebar meeting with the judge.
2:21 p.m. Prior asks if it’s unusual for a prosecutor to tell witnesses how to testify. Duncan says there is witness preparation in cases and it’s not highly unusual.
2:19 p.m. Prior asks about the statement the Arizona prosecutor issued about the decision not to charge Chad Daybell in connection to Charles Vallow’s death.
2:18 p.m. Prior brings up the information found on Lori’s iCloud. He says it wasn’t unusual for Chad and Lori to communicate with each other because they were having an affair. Prior asks Duncan if he knows the prosecutor in Maricopa County. Duncan says he knows many prosecutors.
2:16 p.m. Prior asks about Zulema saying light and dark. Duncan is unfamiliar with that term. Prior asks about death percentages and vibrations. Duncan says he has never heard about that in the LDS faith. Prior asks about removing evil spirits from bodies and if in the LDS faith you can pray to have possessed spirits removed. Duncan is unfamiliar with that.
2:15 p.m. Duncan says he was born in the LDS faith. Prior says he doesn’t have that background. He asks Duncan about the Doctrine and Covenants. Prior says the Church of the Firstborn is discussed in the Doctrine and Covenants.
2:14 p.m. Blake has no further questions for Duncan. Prior will now cross examine.
2:12 p.m. Blake asks Duncan if The Church of the Firstborn is affiliated with the LDS Church. He says they are not affiliated. Blake asks Duncan when Alex Cox died. He says December 2019. Blake asks about the statement Chad said about Alex knowing when it is time to move to the other side.
2:11 p.m. Blake asks the detective if heard the voice of Lori Vallow on the recording. He says he did. Duncan says a lot stood out to him in the blessing. The date was Nov. 24, 2019. Duncan says “The Church of the Firstborn” stood out to him and the statement Chad said Alex has “already helped them.”
2:10 p.m. Chad tells Alex he will have protection from Satan and says he will rise to an eternal glory with an eternal family. The blessing is over.
2:08 p.m. Chad blesses Alex with protection and says nine angels are now assigned to him from all sides because of his faithfulness. “I know you will stay faithful. You have a great mission and protection,” Chad says.
2:05 p.m. Chad says as the Second Coming approaches, Alex will know when it’s time to move to the other side. His spirit will leave his body and he will be welcomed by the Savior. Alex died less a month after this blessing on Dec. 12, 2019.
2:03 p.m. Chad tells Alex he will know where to be before natural disasters happen. He will be on location to protect church leaders and will save little children from flood waters. Chad is crying and sniffling. He says Alex will literally glow.
2:02 p.m. Chad begins to cry and says Alex will be a prophet and share his own experiences of overcoming adversity. Chad says Alex will give tremendous blessings to people and “raise their vibrations.”
2:01 p.m. Chad tells Alex he will be known throughout the world for his good heartedness and willingness to save souls all over the world through portals. “You will begin to gather the souls who come until Christ. I see you in New Jerusalem but more importantly I see you as a messenger of the Lord,” Chad says.
2 p.m. Chad says the Savior is saying to him (to Alex), “Well done. Thy soul is cleansed. All is well.” Chad blesses Alex with knowledge he will now move forward as as true warrior in ways that can be demonstrated through physical action and spiritual power.
1:59 p.m. The jurors are listening intently as Chad tells Alex he had to go to “great depths to achieve tremendous heights.”
1:58 p.m. Chad tells Alex he has already assisted him and Lori “in ways you can never be repaid.”
1:56 p.m. Chad says he wants to open the portals of time and sees Alex on the third creation being a warrior always seeking to do what is right. Chad says Alex was selected by the Savior himself to be part of the fourth creation. He says great warriors and powerful goddesses were needed. “You were selected to help protect your sister. You helped her in numerous probations to be a defender.”
1:54 p.m. Chad gives the blessing to Alex and says he’s part of the Church of the Firstborn. Chad says Jesus Christ has authorized this blessing. As the blessing is playing in court, Chad is looking at the blue screen above the witness stand and looks down.
1:53 p.m. Blake moves to admit a recording of the blessing. Chad gave this blessing to Alex Cox. You can listen to it
here. It was given in November 2019.
1:51 p.m. Blake references a patriarchal blessing that was found on Lori’s iCloud. Patriarchal blessings are used in the Church of Jesus Christ of Latter-day Saints. Duncan says he has some basic knowledge of the LDS Church and a stake patriarch is authorized to give a patriarchal blessing. Chad was not authorized to give the blessings.
1:50 p.m. Blake references the calls made to the funeral home. She asks Duncan if she recognized the voice on the call. He says yes – Chad Daybell. Duncan says on the call, Chad said he intended to send the cremains to Louisiana. Duncan never found any indication Chad was in Iowa even though he said he was on the phone call.
1:48 p.m. Jurors have taken their seats. Det. Nathan Duncan will be back on the stand this afternoon. We will be in session until 3:30 p.m. with no afternoon break.
1:45 p.m. The motion hearing is over. Jurors will now be brought in.
1:43 p.m. Boyce says the court has already ruled that Wood will not be called. Absent some really surprising development, Boyce says Wood will not be called as a witness.
1:42 p.m. Boyce is denying the motion to exclude the exhibit but says he will be watching carefully if there is any relevance to the testimony of Gibb. He says attorneys are entitled to talk with witnesses and get ready for trial – not to change their testimony or not tell the truth but help them.
1:40 p.m. Boyce explains some evidence can be excluded if it is inflammatory and its up to the court to determine relevance to the case. Boyce says he has not gone through the messages between Wood and Gibb. He says without knowing what is in them, he can’t make a ruling completely eliminating it. He says the whole might or might not be relevant. He can’t say until Gibb testifies.
1:38 p.m. Prior again says he does not intend to call Mr. Wood and he isn’t planning a scheme to call him. “It sounds a little paranoid to me,” he says.
1:37 p.m. Prior says Gibb is “the witness” in this case and her testimony is crucial in the state trying to prove its case. He says he’s allowed to ask her about communication between her and Wood.
1:35 p.m. Blake says if the proper foundation is laid, witnesses can be asked about the messages. Prior says Idaho code allows him to ask witnesses about their communication with the prosecuting attorney.
1:33 p.m. Boyce asks for additional argument from the state about the exhibit – the communication between Wood and Gibb. Blake says the state is not trying to stop the defense from conducting appropriate cross examination. She says the concerns are about any attempt from the defense to misconstrue the content of testimony.
1:31 p.m. Prior says if Gibb remembers her conversations with Wood, he doesn’t need to admit the messages. If she doesn’t, he can admit the messages to refresh her memory. Boyce reminds Prior that a subpoena for Wood was quashed before the trial began.
1:30 p.m. Prior reaffirms he does not intend on calling Wood. He says when Melanie Gibb is called, he is going to question her about the contact he has had with Wood and the nature of those discussions. “I have copy of all the emails and I can question her.”
1:29 p.m. Prior says there is one defense attorney and four prosecuting attorneys. He says he gave them notice three weeks ago of all of his exhibits and they are filing a last minute hearing to keep the exhibit out. Prior says he doesn’t appreciate their tactics.
1:26 p.m. Prior says the state is trying to circumvent Idaho code regarding witnesses and evidence. He says when a prosecuting attorney engages in discussion with a witnesses over eight months and 340 texts, it can create concerns.
1:23 p.m. Prior says he has no desire to put Wood on the stand. Boyce clarifies that he does not intend to call Wood. Prior says he does not intend to call him. Prior says the state gave him 342 emails and texts between Wood and Melanie Gibb regarding the case.
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