Chad Daybell trial: Charge for murder of Lori Vallow’s son could be thrown out

Judge Boyce says he has prepared a ruling on all counts except count four — which is the first degree murder for JJ Vallow.

Judge Steven Boyce pointed out “an issue with the indictment” after the state rested on Thursday.

The indictment, which was amended on 20 February 2024, listed JJ Vallow’s death as being between September 8-9, 2019.

Judge Boyce pointed out that JJ was “clearly alive on those days.”

JJ was last seen alive on 22 September, based on evidence. And it’s believed Tylee was killed between September 8-9, 2019.

An indictment filed on 25 May 2021 lists the dates as the 22nd and 23rd of September of 2019.

Attorney Lindsey Blake said they were unaware of the error and asked for time, until Monday, to review it.

Daybell’s attorney argued that the prosecution had plenty of time and had already rested its case.

Judge Boyce dismissed the court, giving the attorneys two hours to prepare arguments on the matter. Court will resume at 4:30pm ET/2:30pm MT.

The error was spotted when Prior, asked for a “directed verdict” on the murder charges of Tylee Ryan and JJ Vallow, arguing that there was not enough evidence to show that Daybell was involved in their deaths.

The judge found insufficient evidence to make a ruling on that motion.

The prosecution rested their case against Chad Daybell on 16 May, six weeks after the trial began.

The defence, which solely rests on attorney John Prior, could begin arguing their side as soon as tomorrow.

Agent Hart testified about a text on July 29, 2019 between Chad Daybell and Lori Vallow.

Chad to Lori, “One question: Do you want me to cause pain yet to those two 3s you’re riding with?”

Lori to Chad: “Probably hold off on them till we arrive. They will be a miserable to deal with. But I’ll text you if they start acting up and we can zap them.”

Chad to Lori: “Sounds great. Yes, if they are going to act up, we’ll at least give them a reason to scream. I love, cherish, treasure and adore you.”

Agent Hart, who is on the stand now at Chad Daybell’s trial, testified last year at Lori Vallow’s trial.

He testified that the doomsday couple exchanged thousands of text messages, voicemails and photos including messages “relevant to” the deaths of her children and their spouses and referring to them as “obstacles”.

In chilling messages, Vallow complained about being “tired of taking care of demons” while referring to her children.

“We r both so tired of taking care of demons,” she wrote in a text to Daybell in Augsut 2019 – one month before Tylee and JJ were murdered. “We are weary. Please ask the Lord to take them.”

The couple also spoke about inflicting pain on children and giving them “a reason to scream”.

In one exchange, Daybell asked if she wanted him to “cause pain” to the “two three’s” she was travelling with.

She replied to him telling him to hold off, but added that if they started to act up again “we can zap them”.

Daybell agreed and responded: “Sounds great. Yes, If they are going to act up, well at least give them a reason to scream.”

Read more from that testimony:

Four former jurors who convicted Lori Vallow a year ago are back in the same Ada County courtroom today for Chad Daybell’s trial.

East Idaho News’ Nate Eaton, who is reporting from the courtroom, says there are about 30-40 people in the gallery.

Larry Woodcock, the grandfather of slain JJ Vallow, is also in the courtroom.

Prosecution is expected to rest today.

The prosecution has called retired FBI agent Doug Hart to the stand as its final witness in the case.

Court will likley end early after Hart testifies.

The defence will not begin their case until tomorrow or Monday.

The “doomsday” author is at the defence table this morning as his triple murder trial resumes in Boise, Idaho.

The state has one more witness today before it rests its case against Chad Daybell.

Court is expected to start shortly.

The murder trial of Chad Daybell took an intimate turn on Monday, as jurors listened to text messages exchanged with his wife Lori Daybell — and the name they had for his penis.