Update:
BOISE, Idaho (CBS2) — A last-minute twist in the trial of Chad Daybell as the prosecution rested their case Thursday afternoon. The Defense filed a motion asking the Judge for an acquittal on the triple murder charges faced by Daybell, a common tactic used by defense attorneys akin to a hail mary.
Judge Boyce denied the motion for direct judgment on all nine counts, except one. Count number four of the amended indictment listing the charges against Daybell included the incorrect dates for when the prosecution alleges JJ Vallow died. The State argued that they should be allowed to amend the indictment, that all of the evidence they presented contained the actual dates and it does not prejudice Daybell in any way to have the wrong date listed. The defense argued that the prosecution rested its case and should not be allowed to go back and change things now.
Ultimately Judge Boyce ruled that the evidence presented centered around the correct timeframe believed to be JJ Vallow's death. Furthermore, Judge Boyce stated that time is not an essential element of an indictment when charging someone with murder, and therefore does not unfairly prejudice Chad Daybell by changing the dates to match.
Update:
The Defense has entered a motion for a judgment of acquittal based on the argument that the State did not present evidence sufficient to find Chad Daybell guilty of the crimes he is charged with.
Defense Attorney John Prior argues that the State did not present evidence that Chad Daybell was involved or even present during the deaths of JJ Vallow and Tylee Ryan.
The State argued in rebuttal that they have shown a trove of evidence and witness testimony that shows Chad Daybell was directly responsible for the deaths of Tammy, JJ, and Tylee. Overt acts committed by Chad Daybell include the fact that both children were found buried on his property, and his DNA was found on the shovel and pick ax used to bury and burn Tylee's remains. Numerous witnesses testified to hearing Chad say that he believed Tammy would die soon, and text messages between he and Lori show him saying he feels so trapped but that freedom is coming soon.
The Judge has ordered everyone to return Thursday afternoon to make a final ruling on the motion. We will continue to update this as we learn more.
Update:
The State rests. Prosecutors have called their final witness, Retired FBI Agent Doug Hart who concluded his testimony just after 11:30 pm on Thursday. The Court will hear a Defense motion prior to explaining the schedule moving forward, including when the defense will begin presenting its case.
Original Post:
The prosecution has called what is expected to be its last witness to testify in the capital murder trial of Chad Daybell.
Retired FBI Agent Doug Hart has taken the stand, testifying about text messages exchanged between Chad and Lori Vallow Daybell. The messages display their beliefs that dark spirits could take over people and that Chad himself could see how far "gone" the person was as the spirit gained more control over them. Messages shown by Ret. Agent Hart show conversations between Chad and Lori regarding how much of the person is left vs. how much the dark spirit has taken over via a numbering system created by Chad.
A series of text messages over the span of a few weeks between Chad and Lori discuss the "death percentages" of Tammy Daybell, JJ, and Tylee. Lori sent one message to Chad shortly before all three would die, saying "We are both so tired of taking care of demons. We are weary. Please ask the Lord to take them!" a reference to their belief that Tammy, JJ, and Tylee were all possessed by dark spirits and that Chad and Lori believed they would be gone soon.
Lori Vallow asks Chad at one point if "there is a perfectly orchestrated plan to take the children?" Chad responds "There is a plan being orchestrated for the children. I was shown last night how it fit together, but it has been taken from my mind of course."
As the prosecution wraps up its case, the defense prepares to present its case. Some of Chad's children are expected to testify, potentially as soon as Friday.
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