BOISE, Idaho — Rebuttal witnesses are being called by the state in what appears to be the last week of arguments in the Chad Daybell trial.
The defense rested its case last week, before a long weekend for Memorial Day.
After the defense rested, the prosecution took over, calling a few rebuttal witnesses. The prosecution states that these witnesses could take a day or two to get through. Once the rebuttal witnesses are finalized, closing arguments will occur.
One of the rebuttal witnesses, Detective Bruce Mattingly with the Fremont County Sheriff's Office, testified about talking to Emma Daybell, Chad's daughter, about autopsy results for Tammy Daybell. Another witness, one of Garth's coworkers, also took the stand to testify about comments Garth made about Tammy Daybell's death.
Court wrapped up early on Thursday, so all could enjoy the long weekend, and so court staff could complete some administrative work, as the end of the trial is approaching.
The 28th day of the Chad Daybell trial wrapped up in a confusing way for most public viewers.
Defense called a series of witnesses to help prove their case. They called Patrick Eller, CEO of a metadata investigatory firm. Eller testified about phone locations. Defense also called Dr. Greg Hampikian, who specializes in DNA research. He testified about DNA evidence found on tape that was tied around JJ Vallow's body. Chad Daybell's hairs were not present on the tape.
After counsel had asked for a sidebar to discuss scheduling, Judge Steven Boyce cleared the courtroom of the public, but allowed the jury to stay. It's unclear what was discussed. However, the livestream from court was still on, with no image. KTVB reached out to the trial court administrator to learn that Judge Boyce did plan on going back on the record. After about 45 minutes of talking to counsel and the jury, the livestream displayed the courtroom again, and Judge Boyce went back on the record.
While on the record in the afternoon, Judge Boyce and counsel reviewed some motion hearings. Prosecution discussed the possibility of calling a witness during rebuttal, as the testimony from Emma Daybell, defense witness, opened the door. They also discussed two law enforcement officers being able to rebuttal as well, however there was no motion in front of the judge, so he couldn't make a ruling.
The trial is expected to last one to two more weeks.
Live Updates:
10:51 a.m.: The state has no more witnesses to call. The next stage of the proceedings begin, which is jury instructions. Closing arguments will take place tomorrow, Wednesday, May 29 at 8:30 a.m. The jury is excused from the courtroom. Judge Boyce talks to counsel about the jury instruction conference. Court is recessing for the day, but they may come back on the record at some point, the timeline is unclear. For now, court is in recess until tomorrow at 8:30 a.m.
10:45 a.m.: Court is back in session, with Judge Steven Boyce calling court to order. The state calls Lt. Hermosillo with the Rexburg Police Department. He became involved in the investigation when they began looking for JJ Vallow, in Nov. of 2019. After a lengthy investigation, JJ Vallow and his sister, Tylee Ryan, were found dead on the Daybell property. Hermosillo testifies that he once saw Emma Daybell at the gym once, but didn't interact with her at all. He also would drive by the Daybell property, for work and because he owns a dry cleaning business near the Daybell house. Hermosillo's testimony concludes, as John Prior does not want to ask questions.
9:55 a.m.: Direct examination concludes, as John Prior begins cross with talking about Chad turning off location services for an iPhone and an iPad. Chad had/has an Android phone. Whoever was using Chad's account was the one turning off location services, but it cannot be proven that it was Chad turning the location off. Tammy was the more tech-savvy of the two, so Prior argues that it was Tammy that may have done it. Cross examination concludes quickly, with Rob Wood from prosecution taking over redirect examination. Mid-morning recess takes place now, court will be back at 10:30 a.m.
9:38 a.m.: David Stubbs is called to the stand to testify again, this time for rebuttal. He is a retired detective from the Rexburg Police Department, and had worked this case before retiring. He requested records from Google to gather more information about Chad Daybell and others. On Jan. 3, 2019, the Chad Daybell account looked up how to turn off location and GPS services on an iPhone, according to Stubbs. They now discuss phone records for Chad Daybell. Prosecution asks about if a user can delete their Google GPS data at request, and Stubbs said that is doable.
9:34 a.m.: Redirect takes place, with prosecution clarifying about the lungs. The lungs were healthy, and just had inflammation cells present, which is normal according to Christensen. Lindsey Blake asks the witness a few questions about the medical records of Tammy Daybell. Even if the Daybell children provided medical information, it would not have changed the outcome and results of the autopsy. Christensen believes the manner of death is homicide. The witness is excused and the next witness is called.
9:25 a.m.: Direct examination concludes, and John Prior begins cross examining the witness. Christensen testifies that in the beginning of the case, he had limited information about her medical history so he had to request it from law enforcement. Prior asks if Christensen got any information from the family members, Christensen said no. Nothing was provided by the family, but Prior argues that Christensen never asked the family for information. Prior brings up some inflammation in Tammy Daybell's lungs, but Christensen said it wasn't significant. Prior continues to ask about the inflammation in the lungs, and how significant it was. Christensen, a medical examiner, argues that her lungs were normal so it wasn't worth discussing.
9:07 a.m.: The jury is brought back in after a motion in limine hearing. Continuing with the state's rebuttal witnesses, they call Dr. Erik Christensen. He has previously testified earlier in the trial. He is recently retired, but previously worked as a medical examiner for the State of Utah. Prosecution asks a great deal about the procedures of an autopsy, and medical record work done for Tammy Daybell. He was looking at Tammy to identify cause of death. They discuss toxicology reports, or poisonings, which was not the case for Tammy. Christensen then looked into seizures as a cause of death, but it was unlikely. They also looked at her heart, which was deemed medically normal. He does not believe her death was an accident or a suicide.
8:45 a.m.: Court is back in session for the 30th day of the Chad Daybell trial. Judge Boyce has to log into his computer, which takes a few moments. Judge Boyce states that there was a sidebar to discuss a witness testimony. Before the jury is brought in, there is a motion in limine hearing about the witness. The witness is a coworker of Tammy Daybell, and they are determining if she can testify. The witness previously testified earlier in trial, and was excused, so she watched some of the trial. John Prior, defense attorney, argues that the witness may have tainted views. Judge Boyce hears the arguments and discusses some points before making a ruling. He worries about relevancy of this witness's testimony. Judge Boyce's ruling is that the witness is not allowed to testify.
Watch more Chad Daybell Trial:
Watch more coverage of the Chad Daybell trial on the KTVB YouTube channel:
HERE ARE MORE WAYS TO GET NEWS FROM KTVB:
Download the KTVB News Mobile App
Apple iOS: Click here to download
Google Play: Click here to download
Watch news reports for FREE on YouTube: KTVB YouTube channel
Stream Live for FREE on ROKU: Add the channel from the ROKU store or by searching 'KTVB'.
Stream Live for FREE on FIRE TV: Search ‘KTVB’ and click ‘Get’ to download.