Spartygirl
Verified Insider - Michael Vanzandt case
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- May 3, 2016
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4:30 p.m. All jurors will be sequestered, including the alternates. Three bailiffs were sworn in yesterday to serve the juror and three additional bailiffs will be sworn in now. Clerk swears them in.
4:28 p.m. Clerk draws the five numbers of the alternates: 6 – man. 16 – woman. 18 – woman. 17 – man. 13 – woman.
4:26 p.m. Boyce will now draw numbers of the alternate jurors. It will be random. Their service isn’t over in case a juror becomes sick or cannot serve. The alternates will also be sequestered.
4:25 p.m. The recording was made on the same day Tylee and JJ were found on his property. “I ask you to hold the state to our burden, review the jury instructions, apply the common sense, review the testimony and evidence. Thank you.” Total time for rebuttal was 35 minutes.
4:24 p.m. “Chad says who’s dark, Chad says death percentages and three bodies are located on his property. Three obstacles that were in their way,” Blake says. She then plays the clip of Chad in the back seat of the police car where he says, “I’m not coming back.”
4:23 p.m. Blake plays part of the patriarchal blessing Chad gave to Alex. “Alex had already helped him in ways they could never repay,” Blake emphasizes after she stops playing.
4:20 p.m. Blake shows a text message between Chad and Lori on the screen where Chad said relatives were obstacles.
4:18 p.m. People that Chad labeled zombies were obstacles, Blake says. The people he could get financial gain from would die. “Zombies as designated by Chad.” Blake references the messages Prior referred to and says “they were messages that resulted in three people dying.”
4:18 p.m. Blake tells the jurors law enforcement did not have on blinders – they went where the evidence led and followed up on lots of tips. The kids were found dead in his yard and Tammy was found dead in the house. “You go where the evidence leads.”
4:15 p.m. Blake reminds jurors that for conspiracy, there is no requirement that the defendant committed a physical act to end a life.
4:13 p.m. Blake reminds the jury that Emma testified her dad told her the kids were safe. He tells the jury that Dr. Raven, the defense expert, didn’t review medical records or other records while the state’s witnesses reviewed records.
4:10 p.m. Blake says there were never any reports made to the sheriff’s office that Chad was afraid of Alex Cox. After Alex shot Chad, Chad was back in Arizona visiting with Alex and Lori. Chad gave Alex a blessing.
4:09 p.m. Blake reminds JJ and Tylee were both last seen after it was confirmed Lori was receiving their Social Security payments. “Chad is the one who determined someone was dark, Chad is the one who determined death percentages, the kids were buried on Chad’s property.”
4:07 p.m. Blake reminds the jury of the recordings Ian Pawlowski made with his new wife, Lori and Chad. On one of the recordings, they are upset that Melanie Gibb is going to the police.
4:04 p.m. Blake reminds jurors about Chad Daybell’s house having an upstairs and the recording of Chad and Emma chatting with each other when he was in the backseat of a police car on June 9. Blake says Alex isn’t just on the property the day JJ was buried, he was in the actual spot where JJ was buried.
4 p.m. “Lori and Alex weren’t the ones labeling people dark in the messages. Lori and Alex weren’t the ones assigning death percentages,” Blake says. “Chad was.”
3:59 p.m. Blake talks about Chad not facing charges for in relation to the Brandon Boudreaux and Charles Vallow cases. Blake says he’s not on trial for those crimes — but Brandon and Charles were both labeled dark by Chad.
3:58 p.m. Blake reminds the jury of Jason Gwilliam testifying that Chad told him, “My kids know how to keep a secret.”
3:57 p.m. Blake mentions Det. Mattingly trying to show the autopsy results to Emma Daybell Murray. He told her she didn’t need to have an interview – they could just show them to her.
3:55 p.m. Blake says there doesn’t have to be a written agreement – it can be implied.
3:54 p.m. “Conspirators need not agree on every detail. The agreement may be established in any manner sufficient to show an understanding with the parties,” Blake says, reading from the rules.
3:55 p.m. Blake says a conspiracy requires a plan to commit a crime and one of the actors commits one overt act – not every actor needs to commit the act and not every act has to be committed.
3:53 p.m. “The state absolutely recognizes we have the burden of proof in this case. We told you that in the beginning. We’re not shying away from that. It is our burden,” Blake says.
3:50 p.m. Lindsey Blake will offer rebuttal. She begins by talking about jury instructions. Instruction #18 – Aiding and abetting is defined as before or during the commission intentionally aiding, assisting, encouraging, counseling, inviting, helping or hiring another to commit a crime. “If you find any of those acts occurred, when we are talking about first degree and conspiracy, you don’t have to find the defendant actually committed the physical act to end someone’s life. You have to find the defendant did one of those things.”
3:49 p.m. Back in the courtroom. Boyce is on the bench and jurors are being brought in.
3:25 p.m. We are taking a 15 minute recess before Lindsey Blake does rebuttal closing arguments.
3:23 p.m. “These officers failed this investigation. They absolutely failed in their investigation looking up the facts of this case. If there is reasonable doubt, and there is reasonable doubt, you must return a verdict of not guilty. I am respectfully asking all of you to return a verdict of not guilty.” Prior is done. His total time was an hour and 19 minutes.
3:22 p.m. Prior says Tammy got the bruises on her arms and chest from carrying books at the book fair. “There was no asphyxiation here. This was not homicide.”
3:19 p.m. Prior says Melanie Gibb waited ten days to tell the police that she knew where JJ was. He calls Zulema Pastenes “another complainer – married to the murderer of JJ Vallow, married to the murderer of Tylee Ryan, married to the murderer of Charles Vallow and married to the attempted murderer of Brandon Boudreaux.”
3:17 p.m. Prior wants to talk about Tammy and the FitBit. “You heard from Emma and Garth that their mother wasn’t doing that great.” Prior tells the jury they can’t speculate about Tammy’s health.
3:15 p.m. Prior tells the jury that silence cannot be used against Chad. “You can’t do that. If he chooses not to talk, you can’t even consider that,” Prior says.
3:13 p.m. Prior talks with the jury about dark and light, cashing and Chad being a traditional Mormon. Prior says Chad can go off into a 35-40 minute patriarchal prayer “and I still don’t even know what he’s talking about.” Chad smiles and shakes his head.
3:11 p.m. Prior lists his experts on the screen – Dr. Raven, Dr. Bartelink, Patrick Eller and Dr. Hampikian.
3:09 p.m. Prior lists people who Chad said were dark – Heather Daybell, Det. Hermosillo, Samantha Gwilliam – “they were all dark but they’re not dead.” “Chad was the target. This author writes and talks about uncomfortable things. But he has every right to talk about it and you cannot hold it against him because you don’t like the topic.”
3:07 p.m. Prior says Alex was going to kill Chad next. He refers to text messages between Melanie Gibb and Rob Wood including one exchange Melanie Gibb had with Keith Morrison about Melanie’s intent to protect the church. “Why is Melanie Gibb telling a prosecutor in a criminal case that we need to protect the church?” Prior asks.
4:28 p.m. Clerk draws the five numbers of the alternates: 6 – man. 16 – woman. 18 – woman. 17 – man. 13 – woman.
4:26 p.m. Boyce will now draw numbers of the alternate jurors. It will be random. Their service isn’t over in case a juror becomes sick or cannot serve. The alternates will also be sequestered.
4:25 p.m. The recording was made on the same day Tylee and JJ were found on his property. “I ask you to hold the state to our burden, review the jury instructions, apply the common sense, review the testimony and evidence. Thank you.” Total time for rebuttal was 35 minutes.
4:24 p.m. “Chad says who’s dark, Chad says death percentages and three bodies are located on his property. Three obstacles that were in their way,” Blake says. She then plays the clip of Chad in the back seat of the police car where he says, “I’m not coming back.”
4:23 p.m. Blake plays part of the patriarchal blessing Chad gave to Alex. “Alex had already helped him in ways they could never repay,” Blake emphasizes after she stops playing.
4:20 p.m. Blake shows a text message between Chad and Lori on the screen where Chad said relatives were obstacles.
4:18 p.m. People that Chad labeled zombies were obstacles, Blake says. The people he could get financial gain from would die. “Zombies as designated by Chad.” Blake references the messages Prior referred to and says “they were messages that resulted in three people dying.”
4:18 p.m. Blake tells the jurors law enforcement did not have on blinders – they went where the evidence led and followed up on lots of tips. The kids were found dead in his yard and Tammy was found dead in the house. “You go where the evidence leads.”
4:15 p.m. Blake reminds jurors that for conspiracy, there is no requirement that the defendant committed a physical act to end a life.
4:13 p.m. Blake reminds the jury that Emma testified her dad told her the kids were safe. He tells the jury that Dr. Raven, the defense expert, didn’t review medical records or other records while the state’s witnesses reviewed records.
4:10 p.m. Blake says there were never any reports made to the sheriff’s office that Chad was afraid of Alex Cox. After Alex shot Chad, Chad was back in Arizona visiting with Alex and Lori. Chad gave Alex a blessing.
4:09 p.m. Blake reminds JJ and Tylee were both last seen after it was confirmed Lori was receiving their Social Security payments. “Chad is the one who determined someone was dark, Chad is the one who determined death percentages, the kids were buried on Chad’s property.”
4:07 p.m. Blake reminds the jury of the recordings Ian Pawlowski made with his new wife, Lori and Chad. On one of the recordings, they are upset that Melanie Gibb is going to the police.
4:04 p.m. Blake reminds jurors about Chad Daybell’s house having an upstairs and the recording of Chad and Emma chatting with each other when he was in the backseat of a police car on June 9. Blake says Alex isn’t just on the property the day JJ was buried, he was in the actual spot where JJ was buried.
4 p.m. “Lori and Alex weren’t the ones labeling people dark in the messages. Lori and Alex weren’t the ones assigning death percentages,” Blake says. “Chad was.”
3:59 p.m. Blake talks about Chad not facing charges for in relation to the Brandon Boudreaux and Charles Vallow cases. Blake says he’s not on trial for those crimes — but Brandon and Charles were both labeled dark by Chad.
3:58 p.m. Blake reminds the jury of Jason Gwilliam testifying that Chad told him, “My kids know how to keep a secret.”
3:57 p.m. Blake mentions Det. Mattingly trying to show the autopsy results to Emma Daybell Murray. He told her she didn’t need to have an interview – they could just show them to her.
3:55 p.m. Blake says there doesn’t have to be a written agreement – it can be implied.
3:54 p.m. “Conspirators need not agree on every detail. The agreement may be established in any manner sufficient to show an understanding with the parties,” Blake says, reading from the rules.
3:55 p.m. Blake says a conspiracy requires a plan to commit a crime and one of the actors commits one overt act – not every actor needs to commit the act and not every act has to be committed.
3:53 p.m. “The state absolutely recognizes we have the burden of proof in this case. We told you that in the beginning. We’re not shying away from that. It is our burden,” Blake says.
3:50 p.m. Lindsey Blake will offer rebuttal. She begins by talking about jury instructions. Instruction #18 – Aiding and abetting is defined as before or during the commission intentionally aiding, assisting, encouraging, counseling, inviting, helping or hiring another to commit a crime. “If you find any of those acts occurred, when we are talking about first degree and conspiracy, you don’t have to find the defendant actually committed the physical act to end someone’s life. You have to find the defendant did one of those things.”
3:49 p.m. Back in the courtroom. Boyce is on the bench and jurors are being brought in.
3:25 p.m. We are taking a 15 minute recess before Lindsey Blake does rebuttal closing arguments.
3:23 p.m. “These officers failed this investigation. They absolutely failed in their investigation looking up the facts of this case. If there is reasonable doubt, and there is reasonable doubt, you must return a verdict of not guilty. I am respectfully asking all of you to return a verdict of not guilty.” Prior is done. His total time was an hour and 19 minutes.
3:22 p.m. Prior says Tammy got the bruises on her arms and chest from carrying books at the book fair. “There was no asphyxiation here. This was not homicide.”
3:19 p.m. Prior says Melanie Gibb waited ten days to tell the police that she knew where JJ was. He calls Zulema Pastenes “another complainer – married to the murderer of JJ Vallow, married to the murderer of Tylee Ryan, married to the murderer of Charles Vallow and married to the attempted murderer of Brandon Boudreaux.”
3:17 p.m. Prior wants to talk about Tammy and the FitBit. “You heard from Emma and Garth that their mother wasn’t doing that great.” Prior tells the jury they can’t speculate about Tammy’s health.
3:15 p.m. Prior tells the jury that silence cannot be used against Chad. “You can’t do that. If he chooses not to talk, you can’t even consider that,” Prior says.
3:13 p.m. Prior talks with the jury about dark and light, cashing and Chad being a traditional Mormon. Prior says Chad can go off into a 35-40 minute patriarchal prayer “and I still don’t even know what he’s talking about.” Chad smiles and shakes his head.
3:11 p.m. Prior lists his experts on the screen – Dr. Raven, Dr. Bartelink, Patrick Eller and Dr. Hampikian.
3:09 p.m. Prior lists people who Chad said were dark – Heather Daybell, Det. Hermosillo, Samantha Gwilliam – “they were all dark but they’re not dead.” “Chad was the target. This author writes and talks about uncomfortable things. But he has every right to talk about it and you cannot hold it against him because you don’t like the topic.”
3:07 p.m. Prior says Alex was going to kill Chad next. He refers to text messages between Melanie Gibb and Rob Wood including one exchange Melanie Gibb had with Keith Morrison about Melanie’s intent to protect the church. “Why is Melanie Gibb telling a prosecutor in a criminal case that we need to protect the church?” Prior asks.
