Early this week, the wheels of justice began turning in Idaho. Chad Daybell, the husband of Lori Vallow, had his preliminary hearing for charges brought against him in the case of siblings JJ Vallow and Tylee Ryan. The missing Idaho siblings' remains were found buried on Chad's property in early June.
Chad has been charged with two felony counts of conspiracy to commit destruction, alteration, or concealment of evidence. He was also charged with two felony counts of destruction, alteration, or concealment of evidence. The hearings featured some truly astonishing testimonies from over a dozen witnesses. Those witnesses included members of local and federal law enforcement, as well as two close friends of the couple.
The hearing determined that there was probable cause that Chad committed the charges laid against him. His case was advanced to the district court. In the aftermath, Lori waived her right to a preliminary hearing.
There's still so much we don't know. Murder charges in the case have still not been brought against anyone. LittleThings chatted with law enforcement and forensic experts to find out what the biggest takeaways from this week have been and what's next for the doomsday couple.
Chad Daybell's case has advanced to district court after a two-day preliminary hearing. There was a lot to learn from the hearing.
Day one began strongly with the admission by Rexburg Police Detective Ray Hermosillo that they'd known the couple had something to hide from early on in the investigation. When looking into the whereabouts of the children late last year, Chad feigned being only distantly familiar with Lori and not having her phone number, which he later changed his mind and admitted to having. Their marriage certificate, dated November 5, 2019, was provided as evidence the two were already married at the time he spoke to police.
Later on, Detective Hermosillo would detail some of the evidence recovered from Chad's property in the search that occurred on June 9. The details were heartbreaking.
Tylee's remains were discovered in a bucket containing chunks of burned flesh. JJ was found in a black plastic garbage bag. He was dressed in red pajamas with a blanket over him, body covered in duct tape. There was another white garbage bag over his head, with several layers of duct tape wrapped from chin to head.
The former head of the San Diego Police Department Crime Lab, Jennifer Shen, explained to LittleThings why this might be some of the most significant evidence in the case.
"From a forensic perspective, gravesite evidence is very important. The more evidence found on and around the gravesite, the better chance crime lab personnel can connect Chad or Lori to the acts of killing, burying, or destroying the children's bodies," she explained.
"The discovery of duct tape, two kinds of plastic bags, and the bucket are all opportunities to connect Chad Daybell specifically to the site through evidence found on or around the bodies.
"Plastic bags can be processed for DNA and fingerprints and compared to bags found in his home/garage. Duct tape can also be processed for prints and DNA, as well as compared to rolls found in the defendant's possession. In some instances, the ends of the duct tape can be physically matched back to a specific roll, proving that it originated from that roll. The bucket provides similar opportunities to search for DNA and fingerprints."
A number of other untruthful interactions were highlighted. Lori's early discussions with police were shown via bodycam footage. She can be heard claiming JJ, who was the only child police were aware was missing at the time, was with her friend Melanie Gibb, in Arizona.
When Melanie took the stand later, she admitted to lying to Gilbert police. She explained Lori told her Tylee was in school at BYU-Idaho and that JJ was in danger because his grandmother, Kay Woodcock, was trying to kidnap him. As the truth began to come to light, Melanie confronted Lori, who stayed firm in the fact she was doing what God asked of her. She also admitted that Lori's brother, Alex Cox, told Melanie she "would not want to know" where JJ really was.
Day two featured an explosive bit of evidence in the form of a recorded phone call. Madison County Sheriff's Office Lt. Jared Willmore was on the stand. He oversees the Telmate phone system that allows inmates to speak with their family members.
The lieutenant presented a call between Lori and Chad that took place on the morning of June 9, about two hours before Chad was taken into custody. Lori had already been in custody at Madison County Jail since March.
In the recording, the two exchange hellos before Chad fills her in. "They're searching the property," he tells her.
"The house again?" she asks.
"Yeah, yeah [inaudible]. So, Mark Means [Lori's attorney] will be talking to you," he replies.
"Okay. What, are they in the house?"
"No, they're out in the property," Chad clarifies.
"Are they seizing stuff again?"
"They're searching," Chad says. "There's a search warrant and [inaudible] for the kids."
Lori is inaudible for a bit before asking, "What do you want me to do? Pray?"
The two talk over each other a bit before she asks, "What can I do for you?"
"I'm [unintelligible] pretty calm. I would call Mark, though. We need, can you just talk with him?"
Lori agrees. Chad has to go, so the two exchange I love yous and get off the phone.
By the end of the hearing, it was clear there was probable cause to move ahead with the case. There are so many different aspects of the case people are eagerly awaiting the next steps of. For many, they want to see murder charges. Jennifer Shen explained the process behind that.
"So far, the only evidence we've seen are the bodies of Lori's children buried on Chad's property. The prosecution must now connect him to the actual acts of killing the children," she explained.
"They will use forensic evidence, text messages, and statements, among other things, to prove he was involved with destruction of evidence (the bodies). Evidence that he was actually involved in causing their deaths is the next step necessary to charge him with murder."
From what we've seen, Chad faces much more trouble ahead.
"The prosecution already has significant evidence of Chad and Lori lying about the children, their whereabouts, and their relationship. Combine that with additional forensic evidence to include information from the gravesite, along with digital forensic information in the form of text messages, emails, cellphone data, and internet searches, and the prosecution will have a compelling story to tell a jury about how these children met their tragic end," Jennifer noted.
Some are wondering if the couple's love can survive the steps in the criminal justice process. Family lawyer Holly Davis of Kirker Davis believes what happens next with their relationship is very much linked to what happens next in the case.
"The Daybell marriage might just survive a criminal prosecution for conspiracy as long as the defendants aren't charged with the murder of Lori's two children. Right now, if they hang together, they can blame the murder and evidence concealment on Lori's deceased brother, Alex Cox. The prosecution will have the burden of convincing the trier of fact they are lying," she notes.
"Husband-wife privileges that protect certain communications between spouses would likely not apply in their criminal case or divorce. If they go through with a divorce, Lori blames Chad for the murders, and he is convicted, that's such a terrible fact she could ask for a majority of their assets. Idaho is a community property state, which means all of the assets and debts a couple acquired during marriage are owned by the husband and wife," Holly explained.
"What's said under oath in the criminal prosecution can also come into the family law case. Lori's divorce lawyer and criminal lawyer need to be aligned on strategy. If Lori makes a statement in her divorce case that incriminates her, that statement can be used against her in the criminal case, which has giant consequences to her life and individual freedom.
"How this couple handles their marriage will give us all a hint about their defense strategy. If they remain married, we can assume they have a joint theory or joint defense in their criminal case. If they file for divorce, we can assume that someone is blaming the other person in the criminal case."
Some believe that with enough pressure applied, Chad will turn on Lori. Los Angeles civil litigator and criminal defense lawyer Joseph H. Low IV explained that how advantageous that might be is dependent on what deals are on the table for Chad.
"Would it be advantageous for Chad to turn on Lori? That depends on whether Chad gets one hell of a deal cut by the prosecutor. But that is unlikely to happen because the charges he is facing right now are not that serious," Joseph explained.
"The more likely scenario is that the prosecution will put pressure on both of them so that one will roll over on the other. Then they can get murder charges filed because that is where they ultimately want this case to go.
"The present charges, minuscule under the circumstances, were filed to create enough pressure, stress, and divisiveness to separate the two. Likely, right now, the DA is working on both to make one of them disclose the details that will support murder charges.
"If one does, the DA wins. If they both keep their mouths shut and force the DA to prove his case, the DA's in trouble."
Chad is scheduled to go before Judge Steven Boyce for an arraignment on Friday, August 21. As it gets closer to trial, Chad's legal team will face a tough time with jury selection due to how this case has gained national attention.
"Picking an unbiased jury will be a challenge," Joseph Low said. "No possible narrative or story makes Lori look endearing in any way. The facts continue to make her look unhinged. The defense's greatest challenges are public perception and picking an unbiased jury. If he's smart, her lawyer will bring in a jury selection expert or a trial lawyer who specializes in this type of case and knows how to pick the 'right' jury."
Lori faces two felony counts of conspiracy to conceal, alter, or destroy evidence in Fremont County. She also faces charges of misdemeanor resisting or obstructing officers, criminal solicitation to commit a crime, and contempt of court in Madison County. A jury trial is set for January 25 to 29 before Magistrate Judge Michelle Mallard on the latter charges.
Lori was expected to face her own preliminary hearing this upcoming Monday. On Thursday, her attorney filed a motion to have her preliminary trial waived, moving her case straight to the district court.
"It's standard. It's what a lot of lawyers do because they don't know how to deal with that type of preliminary hearing. Many haven't had a lot of success doing them. I never waive them. One success leads to another," Joseph Low noted.
"I spend a lot of time preparing for preliminary hearings. You can't be intimidated when the TV networks show up with their big cameras. When a lawyer makes decisions based on fear, the client is in trouble. Maybe waiving the hearing is Mark Means' default, but it's also a rookie move."
"But I don't have the file in front of me. Perhaps Means has evidence he doesn't want in front of the jury yet. He may be worried about information from witnesses that the judge will exclude from trial. If that gets aired now, picking a jury may be even harder," he acknowledged.
"Still, here is what I think is happening right now: A police officer plans to testify with incriminating evidence against Lori. Means is trying to cut a deal by keeping his client out of the public eye. He's more than likely doing that because he doesn't want his client to look worse than she already does, but he doesn't quite know yet how to stop that from happening.
"Means is going to have to go on offense. In these types of criminal cases, you have to do more than defend; you have to go on the offense. I don't see any of that happening yet, but if Means doesn't make that commitment soon, the outcome will be very predictable."
Many are hoping for justice for JJ and Tylee when this whole ordeal is said and done. They also hope to honor their precious lives. The Ryan, Vallow-Woodcock, and Boudreaux families released a statement in early July sharing their gratitude for the outpouring of public love and support, as well as updates on a memorial.
"Like us, many want to bid final farewell to JJ and Tylee. All plans are pending since their bodies have not been released, nor an estimated date is given. Upon release, we plan public services to be held in Rexburg ID., Phoenix AZ., then Lake Charles, LA. Please be assured once memorial details are finalized a public statement will be released," the statement reads, in part.
"God bless all of you for the continued outpouring of love and comfort towards our families. We will never forget how blessed we are to live in a society of immense compassion especially during these challenging times. We ask you to continue to respect our families' wishes of privacy during this difficult time."
