AZ - Lori Vallow Daybell charged w/ conspiring to kill ex-husband Charles Vallow and another relative, Brandon Boudreaux, Chandler, Maricopa County #2

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  • #801
  • #802
My heart always sinks when I read that message by Charles saying 'absolutely'. I just want to rewrite history and say don't go in!
I hope that the 2 men's text exchange will stay first and foremost in the juror's deliberations.
imo
 
  • #803
I noticed that with Kay's testimony yesterday. SO much that should have been objected for hearsay (KW testifying about things that CV told her) and speculation (assigning motives to what LVD was thinking or what her motives were for doing things).

IMO... I think it was far easier for LVD to cross-examine and object on the testimony of the professionals because they are strangers and have limited knowledge of and connection with her. But folks like her brother and sister-in-law and "inner circle" friends? They know way too much, and she knows it, and (IMO), that scares her. She just wants them off the stand as fast as possible before they say too much.

(Either that, or her counsel advised her after the debacle yesterday with Nancy Jo that she should keep her mouth shut for those witnesses who were close to her so that SHE doesn't show too much emotion or say something she shouldn't.)
IANAL, but isn’t there an exception to the hearsay rule that ALLOWS witnesses to give testimony about what they were told by the victim who - being dead - cannot be called to testify himself?
 
  • #804
My heart always sinks when I read that message by Charles saying 'absolutely'. I just want to rewrite history and say don't go in!
He was always going to go in. For JJ, especially. He put both kids' wellbeing ahead of his own.

MOO
 
  • #805
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IANAL, but isn’t there an exception to the hearsay rule that ALLOWS witnesses to give testimony about what they were told by the victim who - being dead - cannot be called to testify himself?

Interesting. My VERY brief digging on Arizona law turned up this:
Accepted Exceptions to Hearsay in Arizona:

While hearsay evidence is typically excluded, Arizona’s rules of evidence enumerate various exceptions to this rule. Three of the more commonly used exceptions are:
  1. Statements Against Interest: Courts may admit statements made by a declarant that are against their own financial, proprietary, or penal interest.
  2. Dying Declarations: Statements uttered by a declarant who believes they are nearing death and relate to the cause or circumstances of their impending demise.
  3. Excited Utterances: Courts consider statements expressed by a declarant while under the influence of shock or excitement due to a startling event or condition.
SOURCE

Would CV's statements be admissible under "dying declarations"?
 
  • #808
IANAL, but isn’t there an exception to the hearsay rule that ALLOWS witnesses to give testimony about what they were told by the victim who - being dead - cannot be called to testify himself?
Exceptions.

28 USC App Fed R Evid Rule 804: Exceptions to the Rule Against Hearsay-When the Declarant Is Unavailable as a Witness
From Title 28-AppendixFEDERAL RULES OF EVIDENCEARTICLE VIII-HEARSAY


 
  • #809
I gather that AC's violent history with another one of her ex-husbands won't be coming into this trial?

Did AC get ex-communicated one time for sexually assaulting a 15 yr old girl?
Not reported to LE just the church?
LVD let her teen daughter TR go live with him.
And to think that LVD's parents and family supported her and brother AC and turned on Adam Cox.
imo


2021

In the audio, his ex-wife also talks about how his parents were freaky too.
 
  • #810
He was always going to go in. For JJ, especially. He put both kids' wellbeing ahead of his own.

MOO
And LVD knew it too. And exploited it.

She's disordered, top to bottom, IMO. There's a whole class of people who know right from wrong, don't care, and simply are without conscience. She's at the top of that class.

And simultaneously devoid of class.

And has no idea how utterly off-putting she is.

Probably fancies herself a jury magnet because all eyes are on her, but not in the celebrity way she imagines.

Hollywood Wives meets Orange is the New Black.

I spider maybe it's good on her that she thinks so highly of herself. No one else does.

JMO
 
  • #811
Interesting. My VERY brief digging on Arizona law turned up this:

SOURCE

Would CV's statements be admissible under "dying declarations"?
As I mentioned, IANAL, but I think that exception applies in some circumstances about CV's statements to others and there is another exception, as follows, which may be applicable about some of CV's statements:
(6) Statement Offered Against a Party That Wrongfully Caused the Declarant’s Unavailability. A statement offered against a party that wrongfully caused–or acquiesced in wrongfully causing–the declarant’s unavailability as a witness, and did so intending that result.

But it would be nice to have an attorney weigh in.

SOURCE - see the last in this source about exceptions in Arizona:
 
  • #812
In the audio, his ex-wife also talks about how his parents were freaky too.
It is really shocking to hear AC's ex-wife talk about AC's and LVD's sexual play and about their parents openly sharing about their own sexual relationship with the adult children. It is totally inappropriate and sick family dynamics and one can't help but wonder what the children heard and saw and what the atmosphere was like in their presence.
 
  • #813
I haven't watched all of the trial because I was making green chicken enchiladas - smirk - but has the body cam video of Charles talking to the officer about Lori being possessed and that she was going to kill him (he calls himself "Nick" not Ned) etc been shown?
 
  • #814
I haven't watched all of the trial because I was making green chicken enchiladas - smirk - but has the body cam video of Charles talking to the officer about Lori being possessed and that she was going to kill him (he calls himself "Nick" not Ned) etc been shown?

That hasn't been admitted. The only police video so far is from the day of the murder at the scene.
 
  • #815
I hope Larry was present to provide support to Kay after this grueling testimony.
I read that Colby sat next to her in the courtroom and gave her a hug after her testimony. Adam and Lori's uncle Rex was there for Adam.
 
  • #816
That hasn't been admitted. The only police video so far is from the day of the murder at the scene.
Anyone know what follow-up LE did with this?
Dated 1/31/19

"The day after Charles Vallow was locked out of the house by Lori Vallow, he went to a hotel to confront his wife. He also had a petition to try to hold her for a mental evaluation. Gilbert police officers captured their interaction with Charles after he failed to locate her at the hotel."
 
  • #817
Anyone know what follow-up LE did with this?
Dated 1/31/19

"The day after Charles Vallow was locked out of the house by Lori Vallow, he went to a hotel to confront his wife. He also had a petition to try to hold her for a mental evaluation. Gilbert police officers captured their interaction with Charles after he failed to locate her at the hotel."

Arizona police body camera footage shows Charles pleading for Lori to receive mental health help at Community Bridges on Jan. 31. Officers determined she had a normal state of mind and she was medically cleared by Community Bridges.
 
  • #818

Arizona police body camera footage shows Charles pleading for Lori to receive mental health help at Community Bridges on Jan. 31. Officers determined she had a normal state of mind and she was medically cleared by Community Bridges.
Thanks so much.
Have to head out and will read up on return.
 
  • #819
I was just reminding myself of Lori's police interview. She told them she was in the kitchen when Alex shot Charles, she didn't see it but she heard it, and when she came back into the room she saw Charles on the ground. She only talks about one shot. Tylee only talks about hearing one loud shot, from outside the house, and she thought it might have been the bat hitting the floor.

That puts to bed the theory Lori came up with that the second shot happened as Charles was falling backwards.

And Alex said Lori had left before the shot occurred. There were several contradictions between all 3 of their stories that day. Also, none of them could remember what Charles was supposedly yelling at them. Lori's demeanor was ridiculously jovial during her interview. It all should have raised flags for LE.
 
  • #820

Arizona police body camera footage shows Charles pleading for Lori to receive mental health help at Community Bridges on Jan. 31. Officers determined she had a normal state of mind and she was medically cleared by Community Bridges.
This is why LVD is so damn dangerous. She can turn the crazy religous stuff on and off depending on her audience. Deep inside she believes all the crazy but she also knows it sounds crazy and when not to talk about it.
 
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