BOISE, Idaho — CBS2 will be updating this story throughout the day with updates on the closing arguments.
The Defense's closing arguments:
Defense Attorney Archibald is delivering closing arguments for the defense. Archibald thanked the jury for their service and says that it is unfortunate that 6 of you will have been here for the full 7 weeks, and will be sent home before deliberating. Only the 12 members of the jury will deliberate, alternates will be sent home. Archibald is going through the states theme of "money, power, and sex." On the point of money, Archibald points out that Charles Vallow was making between $400,000-$500,000, and that Chad Daybell couldn't sell enough books to support himself so his wife Tammy Daybell, who was a high school librarian, had to support him. On the point of power, Archibald says that by his count that Chad had secured 6 followers, and Lori 0, towards their goal of leading the 144,000 to the end times. And the point of sex, Archibald says that Chad told Lori that they had been married in previous lives, they were selected to lead the 144,000, and that was one heck of a pick up line.
Archibald continues attacking the State's case, by saying that the prosecution want you to believe that this was Lori's plan, all of it was Lori's plan, but if Lori planned to kill her kid next week why did she go through the trouble of hiring a baby sitter, of enrolling JJ in school. Archibald admits that Lori lied several times about the whereabouts of JJ when questioned, but says that was to protect Chad, her lover of how many different lives together. Archibald says that if the state is right and she is cunningly coming up with these plans to kill everyone, but why didn't she get insurance policies on the kids then? Archibald attempting to explain away the hair that was found on the duct tape wrapped around a bag placed over JJ, says that "I hope all of you who have kids have hair on their pajamas or socks or blankets".
The State's closing arguments:
Prosecutor Wood makes the closing argument for the state. Wood starts the same way the prosecution began in opening statements over a month ago, "sex, power, and money." Wood shows the jury a timeline and says that this is the timeline of Lori's own making, and one that must come to an end today. Wood shows the evidence that Tylee went missing and rather than report her missing, she kept collecting her social security benefits and lied to everyone about where she was, including police. A text from Chad to Tammy Daybell about shooting and burying a large raccoon is the text that told investigators where to look for Tylee's remains in Chad's pet cemetery.
Wood says that the same is true of JJ. He was suffocated with a plastic bag, and he fought back. For how long we will never know, until they bound his hands and feet with duct tape and buried like a piece of trash in Chad's backyard. Chad and Lori planned to be together without "obstacles," as the word they both used in messages to each other. Lori then lied to everyone, police included about JJ's whereabouts, even asking Melani Gibb to lie for her about where JJ was to police. Wood argues this is a conspiracy with Chad, Lori, and Alex Cox, and every action they took was to further their conspiracy to live unencumbered lives without JJ, Tylee, and Tammy.
Wood reminds the jury that the day that Tammy Daybell is being buried, Lori was looking for wedding dresses in Hawaii. She had already purchased wedding rings two weeks before Tammy died. Alex Cox's cell phone pinged off a cell tower at a church near Chad's house the night Tammy died. That same cell phone pinged in Chad's backyard the days that Tylee was dismembered and burned, and JJ was buried. Alex Cox was in Chad's backyard for 17 minutes, but that grave was not dug in 17 minutes says Wood, this was premeditated.
Wood reminds the jury of Zulema Pastenes, Alex Cox's wife, testimony. She said the night of the failed shooting attempt of Tammy Daybell that Lori was furious. She told Zulema, "he can't do anything right."
Testimony from David Warwick and Melani Gibb both said that Lori had "handed JJ off to Alex." When David and Melani were leaving Lori's the next morning he asked where JJ was and Lori told him that he was a "zombie" that had been climbing the fridge and breaking things, though David testified there were no signs of any damage. Wood reminds the jury that handing JJ off to Alex and lying about his whereabouts are "overt acts," that are in the furtherance of a conspiracy to commit murder.
"It all comes down to this."
An Ada County Sheriff's Deputy summed up what comes next in the trial as well as anything can, "It all comes down to this." On Tuesday before the defense rested they made a motion called rule 29. Essentially the defense is requesting Judge Boyce review the evidence presented and see if it is sufficient to warrant the charges against Lori Vallow Daybell. The defense motions that there was not sufficient evidence to warrant the charges and asks the judge to acquit Lori before it goes to the jury. Judge Boyce this morning has ruled on rule 29, denying the motion on all counts, saying that sufficient evidence has been brought forward whether through evidence or testimony.
The state has amended the charges against Lori Vallow Daybell. The amended charges are: 3 counts of first degree murder, 3 counts of conspiracy to commit first degree murder and grand theft by deception, and 2 counts of insurance fraud.
Agent Hart who was among the last to testify, and whose testimony lasted for over a day, spoke with CBS2 this morning while entering the courthouse. Agent Hart says this is the conclusion of more than 3 years of work for many people.
Closing arguments in the trial of Idaho v. Lori Vallow Daybell are underway. After (five) weeks of witness testimony and evidence presented by the prosecution both sides have rested and closing arguments begin.
Lori Vallow Daybell is charged with two counts of 1st-degree murder, conspiracy, and grand theft in connection with the deaths of her children JJ Vallow and Tylee Ryan. The prosecution presented a barrage of witnesses that included dozens of law enforcement officers, coroners, DNA analysts, and an FBI agent who got access to Lori’s iCloud account.
You can read our breakdown of the prosecution's case here.
The defense faced an uphill battle with a mountain of evidence and dozens of witnesses who testified. Often seemingly only able to object to matters of procedure, the defense did not present any witnesses. Follow along with @KerndlAngela – our reporter in the courtroom to see what the defense has to say in real time.
Once closing arguments have concluded the jury will begin deliberations before ultimately returning a verdict. CBS2 will be reporting and breaking in with live updates on TV and across social media once there is a verdict.
CBS2 original podcast Gem State: The Trials of Chad and Lori Daybell has covered the trial from the beginning. Get caught up on everything that has happened so far by clicking the link, or listen below:
ncG1vNJzZmihlJa1sLrEsKpnm5%2BifK%2Bx1qxmpaeTlrlwr8uoqqKml2Kus7PUppynrKNir6azyKdkoqZdqbWmedOroJqkXaSzbrjOq6BmrpGhubDDjJ2YspqVobk%3D