BOISE — Both the prosecution and the defense rested their cases in Lori Vallow’s murder trial on Tuesday at the Ada County Courthouse.
Vallow is charged with first-degree murder, conspiracy to commit murder and grand theft in connection with the deaths of her children Tylee Ryan, 16, and J.J. Vallow, 7, and of Tammy Daybell, the late wife of her husband, Chad Daybell.
The state has called dozens of witnesses since the trial commenced on April 3. The jury has heard from FBI agents, local law enforcement officers, forensic experts, neighbors, family and friends.
Upon the last two witnesses — FBI tactical specialist Nicole Heideman and Nicholas Edwards, lead investigator for Idaho Attorney General’s Office — and the state resting its case, the defense made a motion for acquittal on the grounds of insufficient evidence. Under the Idaho Criminal Rule 29, Judge Steven Boyce can review all the evidence in the case before he makes a decision.
Boyce has until before the jury reaches a verdict to make a ruling on the motion.
After conferring with Lori in private, defense attorney Jim Archibald asserted that the defense did not believe the state has proved its case and they would rest as well. Lori will not take the stand during her trial in Idaho.
THE FINAL WITNESSES
Heideman briefly retook the witness stand Tuesday after testifying previously. The prosecution and the defense asked her multiple questions about her work compiling records from Lori’s iCloud accounts.
Heideman compiled “The James and Elena” story, a story that Chad wrote for Lori about their previous and current lives together. James and Elena were said to be their names in a previous life. Heideman said the story was in many different places such as emails, texts and notes in Lori’s iCloud accounts and she pieced it together.
Heideman said multiple events in the story match up with events that the FBI has evidence of happening in real life. It explicitly documented many of the extramarital affair’s events, and the prosecution said it established a motive for the killings of J.J., Tylee and Tammy.
Heideman also read several texts that were exchanged between Chad and Lori, including one where Chad tells Lori to save a segment of the story because he wants to read it with her naked and then relive it with her.
The final witness to take the stand was Edwards. Edwards is currently employed with the U.S. military. He was deployed when he received a subpoena to testify at the trial. When he is not on military orders, he works as the lead investigator for the Idaho Attorney General’s Office.
Edwards said there were 90 calls and texts between Chad, Lori, Lori’s brother Alex Cox and Zulema Pastenes between Oct. 9-10, 2019. He said this was an anomaly compared to other days. Tammy was shot at on Oct. 9, 2019.
Tammy had told people she believed someone shot at her with a paintball gun. But Edwards and other witnesses in the case have testified the 6.5 millimeter Grendel seized in Alex’s apartment could have been mistaken for a paintball gun. Edwards said Alex did not know Tammy and his only connection to Chad was through Lori.
Edwards said while Fremont County deputies were on scene after the attempted shooting, there were texts exchanged between Alex and Lori, Chad and Alex, and Chad and Lori.
Edwards said he didn’t know the exact content of the 90 messages and phone calls but from his experience, he believed they were discussing an attempted shooting.
“Of a paintball gun?” defense attorney John Thomas asked.
“No, a homicide,” Edwards said.
Edwards also read texts exchanged between Lori and Chad the days following Tammy’s death on Oct. 19, 2019.
On Oct. 20, 2019 Chad told Lori to look for a condo for the two of them.
Chad also texted her at one point that he is missing Lori: “I am feeling sad, but it isn’t for the reason everyone thinks.”
The day after Tammy’s funeral, Chad texted Lori, “I’m craving you intensely.”
All of these texts were met with replies from Lori, who was in Hawaii at the time, about how much she loved him, how she couldn’t wait to be with him and some other suggestive texts. Edwards also read these to the court.
Edwards testified he was on scene at the Daybell property on June 9, 2020, and helped uncover the body of J.J. Vallow. He said it was emotional finding J.J. because he had thoughts of his own son who is about the same age.
CLOSING ARGUMENTS AND VIEWING THE VERDICT
The jury will not attend court on Wednesday. Boyce will meet with defense and prosecution Wednesday to go over juror instructions.
Closing arguments are set for Thursday, then the jury will begin its deliberations and try to reach a verdict.
The court also announced Tuesday that the jury’s verdict will be livestreamed to the public on Boyce’s YouTube channel. Seating in the courtroom will be first come, first served, and there will be no overflow rooms.
The court’s seat reservation system will no longer be used after closing arguments, according to an advisory sent out by the Idaho Judicial Branch’s court communications manager Nate Poppino.
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