TRIAL OF CHAD DAYBELL CHARGED WITH MURDER OF JJ VALLOW, TYLEE RYAN AND TAMMY DAYBELL #6

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I thought Ms. Blake did a nice job with her cross of Emma, but I'm curious why she didn't ask Emma who she believed was responsible for killing and burying Tylee and JJ. When the Daybell kids chose to speak to the national media, it was Emma who took the lead and spoke up to confidently state that they all believe her father was "framed." Based on the court's rulings during her direct and cross examinations, I believe the question would have been allowed over any objection by JP. Had she been asked who she believed buried the kids, she would have either answered, "I don't know" or "I believe Alex Cox was responsible" and either response would have been useful for the prosecution.

I think it would have been helpful for the prosecution to ask her if she believed her father "was framed" and follow up with asking why she believed that was the case. The notion that Chad is on the property while somebody buries JJ by the pond and then burns and buries Tylee in the pet cemetery to frame him is so ludicrous, it would have been helpful for the jury to see Emma trying to defend that proposition.
@vislaw
What do you think about impeachment of Emma
 
Must say, that is what I am hoping, given how light they were on Emma yesterday
I hope so. This seems like the smart thing to do. The jurors are going to naturally feel sympathy for Tammy's children, since they were victims of CD as well, so going hard on them while they're on the stand is only going to cause the jury to sympathize with them further. Proving in the rebuttal that the kids were brainwashed and under CD's control is going to be far more effective.
 
Honestly, I think this testimony is going to hurt CD more than help him. I think the jury will be able to see CD's manipulation at work within Emma. She's shown that she's willing to lie and stretch the truth and that she's still being guided and influenced by CD.
Nate Eaton's wife Erica also attended with him yesterday. The two did a brief video during lunch going over Emma and Garth's testimony.

Erica stated she noticed that the only time Emma displayed any kind of emotion (getting teary) was during the cop car convo video...

MOO.
 
Why was Garth called before the GJ the second time? Obviously his story didn't match other witnesses. They didn't have the motive to frame him, so why would they lie?
I think it was because his narratives contradicted his other narratives.

I do vaguely remember someone saying somewhere, source not given, that Garth said his mother was on a couch. So bed/couch/top half of body on floor were contradictory narratives. Chad also gave conflicting stories, and I think one of them had the bottom half of the body on the floor. I imagine LE really wished that Garth could clear up some of his father's multiple stories, but he didn't.

It sounds like LE went hard on him to clean up contradictions to the point of making his alleged perjury the subject of a grand jury action. And it appears Garth did not give LE what they wanted, a story the could trust, but also dodged perjury charges at this time, as far as we know. I don't imagine it would be easy to show beyond a reasonable doubt that, for example, Garth's future wife didn't misunderstand him about the couch.

Garth looks to be in some pain. (Unlike his sister, who seems numb.) I am sorry he is hurting. I don't believe he is being truthful. I really hope he clears the air before he starts a new generation of cult-babies.

I couldn't agree more that LE has no motivation to frame or trick Chad or Garth. It's a theory with no viable motive. I'm glad Garth's Grand Jury attorney demystified the word "trick" a bit. The attorney didn't mean that LE would be out to get Garth. LE was just trying to get a consistent true story from him.

And, BTW, Emma claiming that she wouldn't talk to LE because there was no crime is absurd when LE kept saying they wanted to find the children. Who would she think is a more appropriate agency for this? Who doesn't want to help, especially married to a dude who raises money ostensibly to help trafficked children?

MOO

PS: Emma said it, nobody's perfect! You can't tell me her imperfect self wouldn't rather work out next to Ray H. then Joe M.
 
JOSEPH MURRAY is back on the stand this morning.

Joseph has stated that he and Emma have engaged in "many conversations over the years" about the case [kids being found in the yard].

Also, Larry Woodcock and Vicki Hoban are in court today.
 
Watching Emma's testimony this morning. My observations:

DIRECT
- When Emma says she has not watched any prior testimony, CD smirks
- I don't believe for a minute that Emma doesn't know the financial situation with Prior
- When Emma starts speaking of Tammy's health, CD does his "chin thrust" (fearlessness, superiority)
- Emma's testimony sounds very scripted. There's some strange, unnatural sounding wording (the school "houses three grades," "some people didn't know that," "I observed her," "I was aware of"), and she seems to immediately have an answer for everything, with no pause for thought.
- When Emma starts talking about the FitBit, CD very briefly swaps to his "self-soothing" pose (LDS prayer pose, shoulders hunched), which makes me think he's nervous about something with that FitBit.
- When Emma is talking about Tammy reading in bed, CD makes an odd sort of expression (grimace/contempt?)
- Emma says that Tammy told her she "never would" run a 5k. Right. Because that's normal language people use.
- "My mother and I were both overweight." This statement just feels gross to me. You weren't "overweight" -- you'd just had a child.
- "She stopped going when she died." What a bizarre statement.
- Oh, so Tammy could fend off an attacker bc she played a boxing game on the Wii. Riiiight.
- CD switches to his "self-soothing" pose when Emma is talking about the health insurance, which makes me think he was nervous about that part. He stays in that pose through the rest of the testimony.
View attachment 504939
- When Emma mentions using the Cozy Cone for music so that they didn't disturb Tammy, CD nods a bit
- CD wanting to keep to "the original form" of Joseph Smith and Brigham Young, and using the term "fundamentalist" screams to me that he wanted to reinstate polygamy
- Prior definitely seemed to be prompting Emma to show some emotion with his line about "if you need a tissue or anything"... and later "if you need a break, tell me"
- After the break, CD is back to his "default pose" - maybe Prior reminded him how he's supposed to be sitting?
View attachment 504945
- The jury is supposed to believe Emma's word that he was not fleeing the day the children were found. She could tell he was driving only 50 mph.
- The jury is also supposed to believe that CD's behavior at Tammy's funeral was totally normal for grieving LDS spouses, even though every witness they've talked to that said it was odd were, in fact, LDS.

CROSS-EXAMINATION...
- Knowing that Emma has been talking to CD daily calls absolutely everything she says into question
- I'm really hoping that we get to see/hear some prison visits/calls with Emma on the rebuttal, bc it's obvious Blake has more info on those conversations that we haven't seen yet
- "I stay up later when I'm sick and have just thrown up as well," Emma said, regarding Tammy being up after 10pm that night. This does not seem normal to me. People who are sick tend to sleep more, not less.
- I love that Blake pointed out that CD signed the insurance papers; it completely destroys the whole "Tammy did this without consulting CD" narrative
- I also love that Blake asked, "Did you ever ask your dad where [the kids] were? What did he tell you?" And then Blake gives the jury a nice long pause to think about that.
- I also like how Blake got Emma to testify that as patriarch, CD was the sort of person who liked to be in charge and run things

REDIRECT...
- CD goes back to his "self-soothing" pose when Prior tries to throw LVD under the bus by saying that she never told CD what happened to the children


Honestly, I think this testimony is going to hurt CD more than help him. I think the jury will be able to see CD's manipulation at work within Emma. She's shown that she's willing to lie and stretch the truth and that she's still being guided and influenced by CD.
hopefully, the jurors when viewing the police car video heard Emma say she already had a telemate account which she said she used to communicate with LV. CD knew that of course, how could he not? he was concerned with her knowing which cc to use to deposit money into her commissary. and she's all on board while she is standing there knowing they are digging up the yard and ultimately found remains. I would like to know when they hauled him off after the children were found buried, if she deposited money into her account or communicated with LV after that.
 
I think it was not asked because Prior hadn't asked.

It would come off as a laughable symptom of indoctrination/lie either way, but more so if said to Prior.

If Blake were the first to ask, I think there is a tiny risk that "framing" becomes a viable explanation to consider, and juror minds turn away from things like- both Chad and Emma knew Chad was not coming home absent external evidence. I think the prosecution would rather have that strange incarceration planning conversation in their heads, and not even consider framing.

Once (and if) the defense brings up framing, the prosecution can ask (by implication, if on direct) "If Chad was framed, why didn't he tell Emma that the remains found can't be JJ or Tylee, because Lori assured me that they are safe." "If Chad was framed, why didn't Emma challenge Lori with her father...and ask him if he thinks Lori meant safe and dead?"

Since framing has not been brought up yet, the implied question is "If Emma didn't know the remains were Tylee and JJ, why did she try to push the several dogs narrative with LE, as if she knew that human remains=Tylee and JJ, and Tylee and JJ=Chad is going to be locked up a long time.

There are other dead humans. But the only dead humans that came to Emma's mind, IMO, were JJ and Tylee. Because she knew all along or figured it out while talking with the searchers. That's why her first thought was to mention other species, not suggest other humans. And it's not like she didn't know what previous owners had buried, or like they had lived there very long.

MOO
HD said that before Tylee & JJ were positively identified, the Daybell kids were suggesting that the remains were those of pioneers and early settlers. BB was asked to identify JJ pretty soon after the remains were found so it didn’t take them long to come up with that idea. I don’t know which one came up with that idea or exactly when or which of the siblings were saying it - HD just said “the kids” - and she had no idea how to respond to such a far fetched suggestion and knew they were grasping at straws.
 
"I would rather choose any other profession," said Joseph, when asked by Pros. if he is a law enforcement officer.
He has shown anti-LE bias along with Garth and Emma.

Just an odd thought, I wonder if they are Bundy-ites? I refer to Ammon Bundy, that pest Idaho finally got rid of. He was in Idaho for several years and caused no end of problems. He is an anti government militant and activist, but unlike mainstream LDS, is very anti LE. I don't know if Ammon et al has views on zombies though.
 
Yeah the kids are really driving home the fact they think LEOs were/are trying to frame them:
8:54 a.m. Joseph says he believes Det. Cannon was intentionally inaccurate in his report when Cannon wrote that Joseph heard Tammy scream. Joseph says he was very clear in what he explained to him. (from EIN).
But the supposed motive for doing so remains lost on everyone.
 
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