Friday 31 May - Sentencing phase
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Please excuse the typos. These are live updates from the courtroom.
2 p.m. The jury is now deliberating over Chad Daybell’s sentence – life in prison or the death penalty. Almost exactly 24 hours after the guilty verdict was read.
1:59 p.m. Prior says that if Chad suffocated Tammy, it is “not atrocious.” He is finished with his closing statement.
1:57 p.m. Prior reminds the jury that the murderers have to go beyond the bounds of human decency to receive the death penalty. “Chad Daybell was not actually present for the murder of Tylee Ryan. There were many other people present for the murder of JJ Vallow.”
1:56 p.m. Prior says Lori had been taking life insurance money from her previous deceased husbands since before she knew Chad. He says the allegations are not about renumeration. “This had nothing to do with money,” says Prior. “The insurance (for Tammy) was set in 2002.”
1:55 p.m. Prior says the indictment accused Chad of “espousing religious beliefs.” He tells the jury that the overt acts in the indictment regarding JJ and Tylee dealt with Lori Vallow.
1:54 p.m. Blake is finished with her closing argument. Prior is now beginning his closing statement.
1:53 p.m. We now see photos of Tylee, JJ, and Tammy. “Ladies and gentlemen, you will decide what justice is,” says Blake. “At any point, the defendant could’ve stopped, but he didn’t.”
1:52 p.m. “By the murder, the defendant exhibited utter disregard for human life,” says Blake. “It didn’t matter the age of the victim or who relied on and loved them. If they were in the way of Chad or his plan, or if there was money to be gained, they were marked for death.”
1:50 p.m. Blake reminds the jury that Tylee’s cause of death is unknown because her body was so badly burned and dismembered.
1:49 p.m. “The defendant received $430,000 in life insurance money after Tammy’s death. Money that was used to fund his life in Hawaii with Lori.” Blake says Lori was using the money from Tylee and JJ’s social security accounts to fund their lifestyle in Hawaii.
1:48 p.m. Blake reminds the jury that Chad wanted to live on a “tropical island” with Lori “unencumbered by earthly obstacles.”
1:47 p.m. We now see the life insurance documents for Tammy Daybell that Chad signed.
1:46 p.m. Blake is presenting a powerpoint slide. “Labeling someone dark, lowering their death percentage, marking them for death. What is the appropriate measure of justice?” On the screen, we see a chart depicting Tylee and JJ’s social security benefit information and how it went to Lori after their deaths.
1:45 p.m. Boyce is finished describing the instructions. Lindsey Blake is beginning her closing arguments.
1:33 p.m. Reminder: the jury has to find at least one of these aggravating factors to be true in order for Chad to be sentenced to death:
- Tylee and JJ’s murders were committed for remuneration, or Chad convinced someone else to commit the murder for remuneration.
- Tammy’s murder was committed for remunerations, or Chad got someone else to do it for remunerations.
- Tylee’s murder was especially heinous, atrocious or cruel.
- JJ’s murder was especially heinous, atrocious, or cruel.
- Tammy Daybell’s murder was especially heinous, atrocious or cruel,
- Chad exhibited utter disregard for human life.
- Chad’s conduct exhibits a propensity to commit murder, which would cause a potential for danger to society.
1:32 p.m. Boyce says the jurors have to follow every rule, even if they disagree with it.
1:30 p.m The jury is back in the courtroom. Boyce is reading the instructions to the jury.
1:22 p.m. Court is taking a short break outside the presence of the jury to go over jury instructions with the counsel before any closing arguments.
1:21 p.m. Prior says Chad will not make an allocution to the court.
1:20 p.m. Michael is done with his statement. He is the last victim who will speak.
1:19 p.m. “We have relatives, children that have joined the family, that we have not been allowed to meet because of this train wreck that you’re all a part of,” says Michael. “I have had my peace stolen. And I have to fight every day to be patient and kind with others and myself.”
1:17 p.m. Michael says he helped to find a charity to keep Tammy’s memory alive. He says he keeps the name Daybell in there because it “was and is her children’s names and her grandchildren’s names.”
1:16 p.m. Michael is looking over at Chad as he speaks with what I can only describe as a look of disgust.
1:15 p.m. “The nightmare that I have been provided will last me a lifetime,” says Michael. “As the big brother, I’ve felt, and I feel like a failure. I failed to protect Tammy. I looked for a silver lining as we do as big brothers, trying to set up some kind of win, and none to be found.”
1:14 p.m. Michael says that when the children were found, he broke “into more pieces than I can count.” Michael says he began crying hysterically at work, and had to be rushed into an office.
1:13 p.m. Michael remembers hearing about the missing children and thinking, “Oh, please, no. Chad told us they were empty nesters.”
1:12 p.m. “When we found out about the exhumation, I hoped that there was nothing to be found. I never wanted someone to be more wrong than I wanted Aunt Vicky to be wrong. But it was me that was wrong again,” says Michael.
1:11 p.m. Michael says the case has had a profound impact on him. When Tammy was killed, he got a call from Samatha and said, “Good morning.” Samantha said “it’s not going to be.” After the funeral in Idaho, Michael says he called his wife and said something was off.
1:08 p.m. “I am not a dark person or a zombie, and for me and my family to be portrayed this way is unacceptable,” says Samantha. “My sister should not be dead right now.” Samantha is done with her statement. Next to speak is Michael Douglas – he is Tammy’s older brother.
1:07 p.m. “Some of the kids that I helped raise no longer speak to us,” says Samantha. “My mother declined in health while still not having peace. Her passing has marred by the fact that Timmy’s children chose not to participate in her funeral.”
1:05 p.m. “She loved being a mom, and especially a grandma. She was so excited to be a part of our lives. She was intent and happy,” says Samantha. “My last visit I had with tammy is the last time I have felt any peace. I would not be a good sister if I did not defend Tammy as well.” Samantha says people in court called Tammy “lazy and fat.”
1:04 p.m. Samantha cries as she says she watched “with the world” as Tylee and JJ were found on the “same property my sister died.”
1:04 p.m. Samantha says she “smelled a rat” when she found out about Chad’s marriage to Lori. She is now talking about Tammy’s body being exhumed and the grief from not knowing why.
1:03 p.m. Samantha is speaking about being a voice for her sister, Tammy Daybell. “She is dead, and others who were supposed to stand up for her, protect her, and love her did not. From the moment I found out she was gone, I have never felt peace.”
1:01 p.m. “I stand here today, motherless, fatherless, sisterless and brotherless. The only course forward is to trust in Christ, knowing that he has them in his arms. And wait for the day that we all meet again,” says Colby. He is finished with his statement. Next to speak is Samantha Gwilliam – Tammy Daybell’s sister.
1 p.m. Colby says Tylee and JJ’s murders were “like a nuclear bomb dropping.” “JJ will never get to grow up and share his wonderful, kind personality with the world, and everyone who has lost him feels this way.”
12:59 p.m. “I lost everything I’ve ever known. I lost the ability to share my children with them. or have my children have the privilege to know them and be loved by them. My three kids will never know the kindness of Tylee’s heart. Or JJ’s silly, goofy personality. More importantly, Tylee and JJ lost their lives,” says Colby.
12:57 p.m. Colby is taking lots of time in between sentences to try to compose himself. “I lost the ability to watch Tylee and JJ grow up. I lost my relationship with my little brother, which took years to build.”
12:55 p.m. Colby is struggling to speak through tears. “It’s very hard for me to put into words what it means to have lost my entire family.”
12:54 p.m. The next victim impact statement will be given by Colby Ryan, Lori Vallow’s son.
12:53 p.m. Boyce is on the bench, and the jurors are being brought in.
12:41 p.m. A bailiff just reminded the gallery to enjoy their “chubby num-nums,” otherwise known as snacks, while the judge is off the bench. Could this be the “courtroom daddy” Nate is always talking about??
12:36 p.m. The state is at their table. Waiting for Judge Boyce before we can continue with victim impact statements.
12:24 p.m. During the break, Chad is laughing and nodding with Prior.
12:11 p.m. Boyce has called for 15-minute bathroom break. Be back around 12:30.
12:10 a.m. Ben says there is still ongoing damage and pain from the fractured relationships with Tammy’s children. He has finished his statement. The state has asked for a sidebar.
12:09 p.m. Ben is married to Kelsee. His twins were born nine days before Tammy’s death, and he says it impacted the early days of his children’s lives. Days before the birth, Tammy had brought gifts over for the twins and spoke about her excitement for their birth. “I only know how to parent as someone who is fighting through the tidal waves of loss.”
12:08 p.m. Kelsee says the grief of this case will “haunt her family for generations.” She is finished with her statement. Ben Douglas is the next to speak – he is Tammy’s youngest brother.
12:06 p.m. Kelsee says Tammy’s mother passed without repairing the relationships with her grandchildren. “This is a reality that I cannot accept.”
12:04 a.m. Kelsee says her family’s relationships with Tammy’s children are now “incredibly strained.” “I cannot overstate the closeness, the bonds, the depths of the relationships that have been shattered. My children and Tammy’s grandchildren are growing up missing out on the essential family connections that brought so much richness to Tammy’s own children’s lives.”
12:02 p.m. Kelsee says through tears that her children “will never know their aunt Tammy. They will never feel her embrace, hear her read them a story, or share in a family tradition like our big water balloon fights we had each summer holiday,” says Kelsee. “My twins, now 4 and a half years old, are far too familiar with death at such a young age.”
12:01 p.m. Kelsee says Tammy’s murder was “profound and devastating.” She says Tammy died nine days after she had given birth to twins.
12 p.m. The next victim impact statement is from Kelsee Douglas. She is Tammy’s sister-in-law.
11:57 a.m. Annie is done with her statement. Prior asks Boyce for a sidebar.
11:56 a.m. Annie talks about going on a run through Times Square while the kids were missing and seeing a picture of Tylee and JJ on a magazine.
11:55 a.m. Annie is referring to Chad as “the defendant” pointedly not saying his name.
11:54 a.m. Annie talks about being touched when JJ hugged her and asked if she would be there the next morning.
11:52 a.m. Annie says everyone seemed nurturing and loving toward JJ during her trip. She says JJ and his service dog had an “unbelievably” close bond.
11:50 a.m. Annie says Tylee loved New York City, so she offered to fly her out for her 18th birthday. Annie says she wanted to continue to connect with Tylee even after discovering Lori’s “extremist beliefs.”
11:47 a.m. Annie discusses Tylee opening up to her after Lori went to bed. Tylee was angry when Lori was around, but after Lori went to bed, she was “sweet” and funny.
11:46 a.m. Annie says Tylee was “all about facts.” “If it wasn’t accurate, it wasn’t meaningful to her.”
11:45 a.m. Annie says she could tell during that trip that Tylee was depressed, so she tried to help her. She said they connected over pop culture.
11:44 a.m. Annie is speaking about what Tylee was like as a baby and toddler. “Fast forward to 2018; I flew out to Phoenix after my brother’s death and was able to reconnect with Tylee. She was intelligent, clever, funny, sarcastic, and had the voice of an angel. Sh would just walk around the house singing.”
11:42 a.m. Annie says her brother, Joseph Ryan, called her in 2002 to say he had gotten married, converted to the LDS religion, and his new wife, Lori Vallow, was pregnant with a little girl.
11:41 a.m. Matthew is thanking Kay and Larry Woodcock for their tireless work on the case. He is now finished with his statement. Annie Cushing is now speaking – she is Tylee Ryan’s aunt.
11:40 a.m. “I have kids who are close to (Tylee and JJ’s) ages. To say because I’m not related to them, I’m not impacted, would be lying,” says Matthew.
11:39 a.m. Matthew says he can understand why Chad’s kids are defending him, but cannot understand why they are not standing by their mother.
11:37 a.m. Tammy’s kids cut off contact with a lot of the Douglas side of the family for years after the whole thing. And in some cases, they still do,” says Matthew. “Having them not stand by their mother hurt. If they want to rectify that position or reconnect, they know where their uncle lives or how to find out. I’m not hard to find.”
11:36 a.m. “Mom isn’t here today. And by no means am I her voice in anything, nor is anyone. She was uniquely her own. I can speak to the impact I saw the second hand of her losing Tammy,” says Matthew.
11:35 a.m. Matthew says Tammy was the “emotional heart and glue of our sibling’s group.”
11:34 a.m. Matthew thanks journalists who have covered the case “who didn’t blindside” the family.
11:33 a.m. “Many of the details I still can’t wrap my head and my heart around,” says Matthew. He speaks about learning things through the media before being contacted by law enforcement.
11:32 a.m. “It has been a nightmare that never ends,” says Matthew. He is speaking about his grief from the loss of his sister, then hearing that Chad had remarried just weeks after. He describes it as “gut-wrenching.”
11:31 a.m. Matthew says he has had the luxury of hindsight, as he was not involved until Tammy’s murder. He is struggling to speak through tears.
11:30 a.m. Matthew says Oct. 19, 2019, “For me, that is when this tragedy starts. But it is by no means; it’s actual beginning.”
11:28 a.m. “There is a hole in my heart and in the hearts of every member of my family, that cannot be filled and will remain for the rest of my life.” Kay is finished with her statement. Matthew Douglas is next, he is Tammy Daybell’s brother.
11:27 a.m. “This is our life now, trying to comfort our other grandchildren as they try to comfort us,” says Kay. Chad is looking at Kay but is still emotionless.
11:25 a.m. Kay is talking about realizing JJ would not have his 8th birthday song sung to him. She says she had to leave another family member’s birthday party and sobbed in the car.
11:25 a.m Kay says Tylee and JJ were very close and that Tylee “doted” on him.
11:24 a.m. “When Charles and Lori married, Tylee was three years old. She was the most precious blonde-haired, blue-eyed little girl. Tylee was no doubt a mama’s girl,” says Kay.
11:24 a.m. “I continually wonder what he would have become. What kind of man would he have become?” says Kay. She speaks about JJ being caring, loving, and imaginative.
11:23 a.m. Kay says Lori always expressed appreciation to them for giving them “the best gift ever” of JJ. “It is a betrayal that can’t be explained,” says Kay.
11:22 a.m. Kay speaks about JJ helping her make Gumbo. “I can still see him standing next to me, intently, pouring chicken broth into the pot.”
11:21 a.m. “We never lost that special connection with our sweet little man,” says Kay. She speaks about traveling every 4-5 months to visit JJ in Hawaii from Louisiana.
11:20 a.m. Kay wanted JJ to have siblings, good schools and access to things they did not have in their area.
11:18 a.m. Kay says she cried at every doctor’s appointment when JJ was a baby. He was later given to Lori and Charles, as they believed it was the right choice.
11:17 a.m. A few jurors seem to be tearing up and sniffling as Kay talks. Many tears in the gallery too.
11:16 a.m. Kay struggles to speak as she talks about JJ, who was born with the name Canaan, surviving being born 10 weeks early and with illicit substances in his body. “My pride in him knew no bounds.”
11:15 a.m. She talks about the circumstances behind herself and Larry taking JJ home after he was born.
11:13 a.m. Kay looks at Chad as she says JJ would’ve turned twelve just a few days ago. He was 10 weeks premature, and weighed 2 pounds and 14 ounces.
11:12 a.m. Kay says today is “incredibly difficult and bittersweet.” She is speaking about her memories of JJ. “I sit here today, trying to explain the immense pain that me and everyone in my family continues to endure daily.”
11:11 a.m. Kay Woodcock is now giving her victim impact statement.
11:10 a.m. Ron is becoming choked up, speaking about his wife, who passed away last June. He speaks about wanting to rebuild a relationship with Tammy’s children. “I find it comforting to know that Tammy is resting peacefully in Utah, buried alone.”
11:10 a.m. Chad is watching Ron as he speaks. Ron speaks about living close to Tammy in Utah, and the difficulty of her moving to Idaho.
11:09 a.m. The livestream cameras will not show the victims as they give their statements.
11:08 a.m. Prior is done. Neither side will be presenting further evidence. The first victim to speak is Ron Douglas – Tammy Daybell’s father.
11:06 a.m. Prior calls Chad a “small town boy” who had a “bomb dropped” on him. The bomb being Lori Vallow. “If it wasn’t for that trajectory coming in and changing the path, is this where we would be going?” says Prior.
11:04 a.m. Prior reminds the jury of a quote he told them at the beginning of the trial process – “everything that glitters is not gold. Lori Vallow glittered. She is not gold.”
11:03 a.m. Prior says Lori Vallow was a “trajectory” running into Chad and Tammy’s 29-year marriage. Chad has not made a facial expression this entire time.
11:02 a.m. Prior says it takes two parents to create “five wonderful children.” He is now discussing something in the family changing in December 2019 – Lori Vallow. Prior says a “trajectory, that bomb that came into his life was a woman who had previously been married four times. That bomb brought chaos to Chad Daybell’s life.”
11 a.m. “By anyone’s definition, Tammy and Chad raised five wonderful children. Five beautiful children. very deep in their faith, very deep in their commitment to family. We can say that maybe Tammy was the driving force behind this; Tammy was the glue that created these wonderful children. But it doesn’t just take one parent to do that,” says Prior.
10:59 p.m. Prior says Chad did not gain “world experience” when he went on his LDS mission because of where he grew up.
10:58 a.m. Prior says Chad was a “quiet, reserved and shy” young man. Boyce reminds Prior to speak up.
10:56 a.m. Prior is talking to the jurors about a saying that says “You can define someone by who they are now, and in the future by what they’ve done in the past. Only an unusual or startling event can change that trajectory.”
10:55 a.m. Prior is beginning his opening statement.
10:54 a.m. “It is your decision. Whether one or more of these aggravators has been proven,” says Wood.
10:53 a.m. “The murder of Tylee Ryan was committed for remuneration. The murder of JJ Vallow was committed for remuneration. The murder of Tammy Daybell was committed for remuneration,” says Wood. “The murder of Tylee Ryan was especially heinous, atrocious or cruel. The murder of JJ Vallow was especially heinous, atrocious or cruel. The murder of Tammy Daybell was especially heinous, atrocious or cruel.”
10:53 a.m. Wood says the jury will hear from multiple victims in the case.
10:51 p.m. Wood is talking to the jury about their thoughts and feelings about the death penalty.
10:49 a.m. Rob Wood is beginning his opening statement.
10:46 a.m. Boyce says there are multiple potential aggravating factors in the case and lists them as follows:
- Tylee and JJ’s murders were committed for remuneration, or Chad convinced someone else to commit the murder for remuneration.
- Tammy’s murder was committed for remunerations, or Chad got someone else to do it for remunerations.
- Tylee’s murder was especially heinous, atrocious or cruel.
- JJ’s murder was especially heinous, atrocious, or cruel.
- Tammy Daybell’s murder was especially heinous, atrocious or cruel,
- Chad exhibited utter disregard for human life.
- Chad’s conduct exhibits a propensity to commit murder, which would cause a potential for danger to society.
10:42 a.m. Boyce is reading additional instructions to the jurors for later deliberations.
10:41 p.m. The state says Rob Wood will make an opening statement, and Prior will do one for the defense.
10:40 a.m. The jurors have been seated. Boyce says the delay this morning was due to “several administrative matters.”
10:38 a.m. Chad says he understands and has chosen not to present evidence in support of himself at sentencing.
10:38 a.m. Boyce reminds Chad that he has the right to present mitigation and defend himself before the jury deliberates over his sentence. Reminder – a mitigating factor is something that does not justify or excuse an act or offense, but may reduce the degree of moral culpability, and thereby reduce the penalty.
10:36 a.m. Boyce says the defense intends not to present mitigation today.
10:35 a.m. Boyce says we are quickly taking up a matter before the jury comes in.
10:33 a.m. Attorneys are at the tables. Judge Boyce is on the bench. The jurors are being brought in.
10:29 a.m. We are finally in the courtroom! Chad is already seated at the table. He is wearing a white shirt and a red tie. Attorneys are not in the room yet. LOTS of victims and family members here – they had to bring in extra seating.
10:01 a.m. It looks to me like people who are here for other reasons aren’t being let into the other courtrooms either. Still in the hallway waiting!
9:19 a.m. Just heard court will begin at 10 a.m. Be back then.
9:13 a.m. Still waiting in the hallway. The lights keep going on and off. Lots of people are getting antsy to get in and get started.
8:42 a.m. Hearing there are technical difficulties keeping them from letting us into the courtroom. The victims also have not been let in yet.
8:33 a.m. Colby Ryan, Lori Vallow’s oldest son is at the courthouse. Brandon Boudreaux is also here. Still outside the courtroom – thinking there may be a late start today.
8:00 a.m Kaitlyn Hart with EastIdahoNews.com, here in the courtroom for Day 1 of Chad Daybell’s sentencing phase. We will begin hearing victim impact statements today before the jury deliberates over whether or not Chad will face life in prison or the death penalty.
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