Summary of tweets for Monday, May 8th - Day 1
State witness: Former
FBI Special Agent Doug Hart -
Part 3
Nate Eaton
@NateNewsNow
·
10h
NEW THREAD: We are back from lunch and Boyce is on the bench. He says he's ready to rule on the exhibits that the next witness, Nick Edwards, has prepared. Prosecutors want them admitted for the jury to see.
Boyce says he has multiple issues after going through the Edwards Powerpoint exhibit. "It appears to be a closing argument Powerpoint. There is editorialization in the Powerpoint." Boyce says one slide cites directly from the report of another officer.
If an officer were on the stand, they would not be allowed to quote directly from a report. Boyce says another slide quotes directly from an interview Melanie Gibb gave before the trial. "There are simply too many issues from the way that PowerPoint was put together."
Boyce says it's "prepackaged testimony" and not a summary.
Boyce says the presentation has too many issues and he's not going to allow it in. "The witness can testify and can testify to any material facts he knows about but the Powerpoint itself is going to be disallowed based on what the court has reviewed."
Boyce now ruling on whether the entire James and Elena romance story can be admitted. He says it's 35 slides worth of a long story that is "part fantasy.
To read the entire story into the record and publish it likewise to the jury would create a waste of time. needlessly cumulative of evidence and may be too confusing to the jury at that point."
Boyce says he will allow the story in its entirety to be submitted to the jury as an exhibit but won't allow for the entire thing to be read into the record.
There are some slides after the story in the presentation that Boyce says he will not allow for several reasons. He says one slide has multiple photos and titles that are argumentative.
He says another slide has highlighting on it and case law does not allow for emphasis on some parts versus others. So these slides will not be admitted.
Boyce now ruling on a timeline that prosecutors want to be admitted. He says certain slides are highlighted in colors and they stand out. "I think it's improper to emphasize certain parts of evidence. That's for argument."
Boyce asks to have editorial references and colors to be removed. Once those changes are made, he is fine to admit the timeline.
Blake asks if some of the slides on the Edwards exhibit can be admitted as separate, individual slides. Boyce says he will consider it when the time comes. Jurors will now be brought in.
Hart takes the witness stand. Here is a sketch of him testifying this morning.
The first slide we see this afternoon is between Sidney Woodbury from
Care.com: Find Child Care, Babysitters, Senior Care, Pet Care and Housekeeping to Lori on Sept. 13, 2019. Sidney testified earlier in the trial. She writes to Lori that she's worked with autistic children in the past and thinks she would do great babysitting JJ.
Lori responds that she will pay $15 an hour and is flexible with time. Lori says she will need childcare every afternoon starting at 2:30 p.m. and then on Saturday.
The last known sighting of Tylee Ryan was Sept. 8, 2019. Smith asks Hart if Tylee was a resource in helping care for JJ before she disappeared.
Hart: "There were lots of texts in the iCloud related to Tylee helping to take care of JJ when Lori Vallow had errands to run or needed to be absent from the home for one reason or another."
Lori had help from others to care for JJ in Arizona. Hart says after Lori moved to Rexburg, the only source of help he found for Lori was Sidney.
The next slide shows the photo of JJ playing with a cup on the couch. It was taken Sept. 22 at 10:46 a.m. It's the last known video of JJ. It's very short - maybe 3-4 seconds. No other videos or photos were found in Lori's iCloud account after this day.
On Sept. 24, Sidney texts Lori and asks if she is still ok with her coming over today. Lori responds that JJ's grandparents came and took him "to give me a break."
"He won't be back until probably the end of October. I wish I had other work for you to do. You are such a darling girl. I understand if you need to get another job." Lori sends another message to Sidney. "I'm not sure when he will be back but I'm going to travel."
Hart says there was no indication that JJ's grandparents visited Rexburg.
On Oct. 3, Chad texts Lori: "Good night angel Lili. So excited to go on our date." Loi texts Alex the next day. "We are supposed to go on a real date tonight but we are discussing it. Perhaps an evening at home would be better so we are not out and about. I'll let you know.
But u could come and sing with us after your shower." Chad to Lori the next day (Oct. 5): Hello, sweet angel. Big news about Tammy. Please let me know if you are awake and can talk."
Chad then texts that Tammy "has been switched. Tammy is in Limbo, and a level 3 demonic entity named Viola is in her body. It happened at around 10 p.m. and was done by Tammy's sister Sam, who I always knew was 3D but in terms of. "Sam is much like Brandon.
She has been my biggest enemy over the years. She refuses to read my books and threw the biggest fit when we moved to Idaho. She has only visited us when the kids got married and always fled Idaho within hours like she was being burned.
She's definitely comparable to Brandon and Summer." Chad to Lori: "Not fully sure of the timing for removal, but once her actions verify the differences, I don't want to wait."
The next slide shows messages on Oct. 7, 2019. Lori to Melani B.: "I'm really feeling like we need to go to Missouri and work. Maybe we can fly there on Thursday and back on sat."
Lori to Melani B.: "Amerian has a nonstop flight from Phx to Kansas City Thursday at 1pm. Then fly back on sat at 6:30 p.m. Audrey said we could stay with her but I told her we could get a hotel and she could stay with us. She will take us to all the amazing sights!"
Melani to Lori: "What about Brandon not being able to take the kids to (Utah)? Does dad think I will need to be here." Lori says, "Nope. U need to be unavailable. That is the schedule." Melani to Lori: "Ok captain."
On Oct. 14, Audrey B. texts Lori and asks, "How did yesterday go? With you and C working?" Lori to Audrey, "Well we did a lot of work today. We got her out but a brand new one got in. So we are still working on it. Audrey any ideas you have would be greatly appreciated.
Audrey to Lori: "Ok (shocked face emoji)."
Smith asks about the emoji on the last text. I descried it as a shocked face emoji (hard to see from my seat) but on closer look, it does have an 'x' over each eye. Hart says it could mean death.This text was sent between the attempted shooting of Tammy & the day Tammy was killed
Now we see texts between Lori and Melani sent on Oct. 14. Lori to Melani: "Ya but until that agreement is signed by the judge it is all subject to change. That's probably the reason for the delay." Melani to Lori: "Is there a possibility he could go before I move?"
Lori to Melani: "There's always that possibility. We will work on it! Just have faith." Melani tells Lori shd doesn't recall the words "to get him out."
On Oct. 19, the day Tammy died, Lori receives a text from an unknown individual at 10:33 a.m. Lori was in Hawaii with Melani. "I'm not sure if you hear but Chad's wide died last night." Lori responds, "Oh my gosh. I did not hear that. I'm in Hawaii and it's 6 a.m."
Lori then texts, "Do you know what happened?" Unknown responds, "Yes, she awoke in the night coughing, threw up, collapsed and passed away."
The night Tammy died, Chad texts Lori. "Not fun without you. Can u call me?" Lori responds, "How are you doing is the question?" Chad to Lori, "I'm hanging in there. My parents are staying here and we are still getting visitors, but I will call you soon."
The next slide is around midnight on Oct. 20, 2019. Chad to Lori: "Percentage in body - Holsor 24, Ukola 11, Grisome 14." Chad to Lori, "Great job on lowering them. I loved talking with you. It is baby night so come get mt later."
The next morning - Chad to Lori, "Missing you so much. I can feel you in bed with me, though. Can't wait to hold you tightly every day and night." Lori to Chad, "I'm missing you more!! I need you desperately! I can't wait!"
Continuing...Lori to Chad: "Need you to hold me tight! That would be great. What about the idea of you coming here Thursday or Friday. Or do u want me to come home?" Chad to Lori, "Their apartment is haunted and we can't clear the place.
So they are looking to move anyway, and I have the perfect place for them. I need to be here to get sorting the financial stuff." Chad asks Lori to look for a condo for them in Hawaii. Chad texts Lori, "I want to get going full steam on the Lili workout plan.
Tighten the abs, get a full-body tan, grow my hair out. This could be really good for both of us." Lori to Chad: "I love that plan."
Chad and Lori go back and forth over how much they miss each other and want to be with each other. Remember - this is the morning after Tammy died. Chad says, "I'm feeling sad, but it isn't for the reason everyone thinks."
On Oct. 23, Lori texts Chad: "I had a bad dream about Al. Make sure he is still him and protect him." Lori to Chad: "He would be the one they use to get to us both. All this alone time is not good for him." Chad to Lori, "I will try to reach out to him later today."
Chad says: "I just cleared all of Al's weapons, curses and cords, and filled him with malachite healing balm. I also put angels around him."
On another message, a text says, "Alex cox multiple creation 4th creation exalted 9 times sibling to 2 times on 4th creation and became eternal companions after 4th creation. His mission is to help Lori."
Hart says there was evidence on Lori's iCloud that Alex believed his mission was to help Lori. The next slide shows a message from Lori to Melani B. on Nov. 16. "Will you do this job if your whole family turns against you?? That is what the Lord has asked of us!
Our glories will be worth it and they will all shrink on our presence. It will be a sad day for those who chose to oppose us when we work for the Lord and are His valiant warriors. Be strong my little one!! We will be gone in a few."
Hart says he found hundreds of videos on the iCloud account. Smith now asks to admit a written copy of the patriarchal blessing Chad gave to Alex.
Smith asks Hart if he knows what a patriarchal blessing is and who has the authority to give the blessings. He says they are blessings given to LDS members and they give them guidance and direction.
He says within each geographic stake within the church, one person is called to administer the blessings to people living in the area. Hart says Chad Daybell was not authorized by the church to give patriarchal blessings.
Smith asks Hart if any part of the patriarchal blessing Chad gave to Alex stood out. He reads the part where it says Alex was a warrior and chosen to do important things.
At one point, Chad said, "Well done. Thy soul is cleansed. All is well...You will be a powerful servant. I bless you with the knowledge that you will now move forward with physical action and spiritual power that will be bestowed upon you." Alex died two weeks later.
Hart says there were "several" messages of planning for the future on the iCloud accounts.
Smith asks about deleted items on the iCloud - specifically about Kay Woodcock. Hart doesn't know about deleted items but says "there were messages from Kay Woodcock to Lori Vallow about wanting to Facetime JJ and bring JJ to his father's memorial service."
Hart says there were a lot of messages about the day-to-day activities of JJ and Tylee prior to September 2019. After Sept. 8, there was no evidence of Tylee on the iCloud. After Sept. 23, there was nothing on the iCloud about JJ.
Hart says there were two messages about a divorce between Lori and Charles on the iCloud account. One was from Lori's bishop saying Charles was going to serve Lori with divorce papers. The other was from Charles about the divorce.
Smith asks if there was any evidence that Lori searched for a divorce attorney. He says no.
Boyce asks for a quick sidebar with the attorneys. White noise is played in the courtroom.
We are now taking an afternoon break. Be back at 2:45 p.m.
NEW THREAD: Boyce is back on the bench. Jurors are being brought in.
Smith asks Hart about the messages he found about JJ, Tylee and Tammy being dark. She asks if he ever saw an objection to them being dark. He says no.
Smith: "From November 2019 until June 2020, did the FBI and law enforcement ever stop looking for JJ and Tylee?" Hart: "No." Smith: "Did you ever see any evidence that JJ Vallow was alive after September 2019?" Hart: "No."
Smith: "Did you ever see any evidence that Lori was looking for him or trying to help him after Sept. 22, 2019?" Hart: "No."
Thomas asks about the patriarchal blessing. He asks how Hart learned that Chad did not have the authority to perform the blessings. Hart says he did not contact anyone in LDS leadership about it.
Hart says he knew Chad's calling in the church was the ward clerk - not the patriarch. "Based on the totality of the investigation, to my knowledge. Chad Daybell is not a patriarch."
Thomas asks about the hundreds of videos on Lori's iCloud accounts. He says there were lots of videos of Lori singing with her children, playing on the beach and acting like a mother does with her children. Hart says that's correct.
Thomas asks about the relationship between Audrey and Chad. Hart says Audrey looked up to Chad as a spiritual leader. Thomas says, "Chad had a number of women he communicated with through text."
Hart says, "A small number." Thomas lists off Melanie Gibb, Melani Boudreaux, Zulema Pastenes. Thomas says, "There was a number of women in the group. Chad was the leader of the group." Hart responds, "Along with Lori, correct."
Hart says there were "normal mom-type" texts on Lori's accounts - going to doctor appointments, getting food, grocery shopping, paying bills, etc. "As a whole, isn't it true Lori was, for all intents and purposes, a pretty good mother?"
Hart: "With the exception of what happened to her children, yes."
Thomas asks Hart what Lori's prior WiFi passwords were. Hart doesn't know. Thomas says, "Would it surprise you to know that Lori's password is 5kids4ever?" Hart says that's possible but he doesn't recall seeing it in the iCloud.
Thomas asks if it's possible Lori was busy doing other things and Alex couldn't remember the 5kids4ever so he went with 2manykids. Smith objects and says the question calls for speculation. Boyce sustains it.
Thomas asks Hart if he knows who Nathan Pacheco is Hart does not. Thomas says he is a fairly famous religious singer. Thomas asks Hart if he would be surprised to leave that Lori had a crush on Pacheco. Hart says he has no knowledge of that.
Thomas says they could have been joking because Lori had a crush on Pacheco. She could have thought he was light and Chad could have thought he was dark.
Thomas asks Hart if he ever saw any reference to Ira and Ralph on the iCloud. Hart says Ira was another entity that was in Charles Vallow's body. Ralph is the name of another entity but Hart doesn't remember who he was attached to.
Thomas asks Hart if he's ever watched 'Romancing the Stone' and says the names could have come from the movie. Thomas asks Hart if he did any research on the names. Hart says no.
Thomas asks Hart what happened when a person's number reaches zero. Hart says they are ready for death.
Thomas says, "Isn't it your understanding that you don't really have an understanding about what was going on here with the percentages/light/dark scale?" Hart responds, "I don't agree."
He says Tylee and JJ and Tammy and Charles all ended up dead and had bad numbers on the scale. Thomas says couldn't this be more like Dungeons and Dragons and playing with dice. Hart: "Absent the people killed, yes."
As Thomas cross-examines, Lori leans forward with her arms on the table. She is looking back and forth between her attorney and the witness.
Thomas references the text Chad sent to Lori about changing coming to Utah. Thomas asks what type of changes were coming to Utah. Hart says he has no idea. Thomas asks if he looked into this.
Hart says these were Chad Daybell's revelations. Thomas asks if this was all fantasy. Hart responds, "Now everything was fantasy."
Melani B. frequently referred to Chad Daybell as "dad" or "her father," according to Hart.
Thomas reads the text about Chad needing to release steam and the chart Chad referenced. Hart says nobody in law enforcement could ever find the chart. Thomas says it was fantasy then. Hart says, "I don't know if it was that or if it just didn't attach to the message."
Thomas asks Hart about Chad Daybell manipulating people. Hart says he did manipulate people including Lori. Thomas has no further questions.
Smith asking questions on re-direct. She asks if Lori ever manipulated Chad or others. Hart says yes. Smith asks of all the other women Chad communicated with had their children dead or buried in Daybell's backyard. Hart says none. Smith says nothing further.
Hart is dismissed from the witness stand. No further witnesses will be called today. What a day! I'll break it all down tonight at 7:30 p.m.
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