Chad Daybell says he won’t testify in homicide trial

BOISE — Chad Daybell won’t testify on his personal behalf, he informed the choose Thursday, after protection lawyer John Prior known as his final witness to the stand.

Daybell follows the go well with of his spouse Lori Vallow Daybell, who likewise declined to testify throughout her trial final yr. It’s not unusual for defendants to not testify throughout trials, notably homicide trials.

Dr. Eric Bertelink, a forensic anthropologist, was the final protection witness and testified concerning the stays of 16-year-old Tylee Ryan, discovered buried in a hearth pit on Chad Daybell’s property in Salem, Idaho.

“I imagine a considerable amount of these bones are literally lacking,” mentioned Bartelink, who reviewed proof from the recovered stays. Bartelink wrote a report after analyzing the stays along with his group, and concurred with the unique findings, that quite a few bones from the arms, legs and backbone haven’t been recovered.

Bartelink mentioned that it was a “chance” extra of the lady’s bones may very well be on Daybell’s property, or elsewhere.

The protection rested its case simply earlier than 11 a.m., after Daybell asserting he would decline to testify, shifting the trial into the rebuttal section of the case. Prosecutors known as former co-workers of the Daybell kids and a detective who had a job within the investigation.

On Wednesday, prosecutors argued that they need to be allowed to name three particular witnesses again to the stand — Tammy Daybell’s former co-worker Janice Olsen, Rexburg police detective Ray Hermosillo, and Fremont County sheriff’s deputy Colter Cannon.

However Prior argued that Cannon “has now been tainted” as a result of he had listened to trial testimony after his testimony ended, and objected to having the witness return, calling it “extremely inappropriate.”

Choose Steven Boyce denied their request to name Cannon again to the stand Thursday, saying his publicity to the earlier testimony was “regarding,” and would current “an look of impropriety or an unfair benefit.”

Hermosillo and Olsen are anticipated to testify when the trial resumes on Tuesday.

KSL.com is streaming the trial every day:

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https://www.youtube.com/watch?v=IgV17gS96n8

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Lisa Marie Jensen, a former co-worker of Tammy Daybell, testified Thursday that the previous librarian was “properly, wholesome, and strived to maintain herself that manner” within the months main as much as her demise. Jensen mentioned the girl by no means complained about illness and informed jurors she by no means seen Tammy Daybell getting drained, winded, or exhausted.

Jensen additionally labored with Tammy Daybell’s daughter Emma Murray, enjoying a job in her hiring. Murray informed Jensen she believed her mom’s demise was “associated to a blood clot,” Jensen mentioned Thursday.

Murray and her brother Garth Daybell testified Monday that their mom’s well being had been declining within the final yr or so of her life, experiencing “fainting spells” and shortness of breath.

Conflicting testimony

A former co-worker of Garth Daybell, Jason MacKay Abegglen, was subsequent to testify Thursday. He informed the jury that Garth Daybell didn’t normally speak about household with him, however on the week following his mom’s demise they spoke of the occasions.

“I bear in mind he mentioned that he discovered her when he bought residence from work, and he did not know the place his father was,” Abegglen mentioned. “He mentioned she was form of pale and her lips had been blue.”

Garth Daybell testified earlier this week that upon coming residence from work the evening of his mom’s demise, “They had been each in mattress, I noticed their types, their shapes within the mattress as I handed by the room.” He additionally mentioned that he heard his father loud night breathing.

Fremont County sheriff’s detective Bruce Mattingly testified about his efforts to offer Murray the outcomes of her mom’s post-mortem after the physique had been exhumed. Mattingly and a Rexburg police officer went to Murray’s faculty after attempting unsuccessfully to contact her.

A voice recording of the interplay on the faculty was performed for the jury. They met Murray after faculty, however Murray refused to be informed the outcomes of the post-mortem with no lawyer current.

“We’re not trying to ask any questions,” Mattingly mentioned within the recording. “We simply wish to provide the info.”

Murray continued to say no to hearken to the report.

On cross-examination, Prior mentioned, “Is not it true your motive to speak to Emma Murray was to seize her response on tape?”

Mattingly denied that it was.

Boyce launched the jurors for a protracted vacation weekend, and scheduled the prosecution’s rebuttal to renew on Tuesday morning. Closing arguments will doubtless be held subsequent week and the jury will start deliberations.

Daybell is charged with first-degree homicide within the deaths of Lori Daybell’s kids — 7-year-old Joshua “JJ” Vallow, 16-year-old Tylee Ryan — and the demise of his former spouse, Tammy Daybell, in late 2019. He’s additionally charged with conspiracy to commit first-degree homicide of every of the victims, grand theft and two counts of insurance coverage fraud.

If Daybell is convicted, a sentencing section of the trial can be held and the identical jury would decide whether or not he ought to obtain the demise penalty.