DAYBELL TRIAL:
BOISE— For the first time ever, the public has viewed video footage of
On Monday the state called several witnesses to the stand in his triple murder trial at the
The new footage of Daybell in a police car was used as evidence by prosecutors during the Daybell trial.
The footage shown Monday was of Daybell shortly after he left his home while his property was being searched for human remains, Rexburg Police Detective
In the footage, Daybell's daughter Emma approached the vehicle and talked to him.
"I love you so much," she said, audibly emotional. "I didn't want you to be alone."
Daybell is charged with conspiracy to commit murder, first-degree murder, insurance fraud and grand theft in connection to the deaths of 16-year-old
Emma and Daybell discussed finances as he sat in the police car, the door ajar. Daybell instructed Emma to pay the mortgage and other bills while he's gone. He gave her his wallet and told her about
Even though at that time Daybell had not been officially arrested or charged with anything, Emma suggested that he might not be out anytime soon.
"Yeah ... I'm not coming back," Daybell responded. "... It'll work out. It's all in the Lord's hands."
Emma assured Daybell that she and the kids would be OK.
"They found human remains," Emma said. "I could see in your face that surprised you."
While in the police car, Daybell looked over his shoulder several times in the direction of the fire pit area, Wheeler said.
As Ray Hermosillo — a lieutenant in the detective division for the Rexburg Police Department — previously testified, J.J. was located near the pond area behind the property and Tylee was found near a fire pit.
Wheeler was involved with the search for J.J. and Tylee's remains that day, mainly tasked with maintaining scene security, traffic safety, and crowd control. During the search, Wheeler observed the found remains of J.J. and helped uncover Tylee's remains.
Before Daybell attempted to leave the scene, there was a phone call between Daybell and Vallow that was played during Madison County Sheriff's Chief Deputy
The call was made around
In the call, Vallow asked Daybell if he was OK. At that time, over 30 officers were at Daybell's property, Kaaiakamanu said.
"They're searching the property," Daybell said in response. "...I'm glad you called. We'll see what transpires."
"OK. What do you want me to do? Pray?" Vallow said during the phone call.
"Yeah, pray," Daybell said. "... I love you."
Kaaiakamanu testified that he has personally reviewed several conversations between Vallow and Daybell while Vallow was an inmate. The tone of this phone call was different than their typical conversations, Kaaiakamanu said, although at the time, Daybell's property was being searched, which could attribute to a tonal shift.
After making the phone call to Vallow during the search of his backyard, Daybell went to his daughter Emma's home, kitty corner to his property. He was there for over an hour, Wheeler said in his testimony.
After his stop at Emma's home, Daybell drove away from his property so quickly that "you could hear his accelerating," Wheeler said. The speed limit outside of Daybell's property is 55 mph, Wheeler testified. The thought that Daybell was running from the scene crossed Wheeler's mind, he testified.
The speed of Daybell's exit from the property could be indicative of guilt, Wheeler said.
Daybell was stopped and complied, cuffed and put into a police vehicle. Wheeler testified that Daybell did not look afraid, but did look nervous as he looked over his shoulder at his property several times. He could have been curious as to what was happening on his property, Wheeler said. It is also common for people to distance themselves from a crime scene, he added.
He was then told that they had found J.J., Wheeler said. Daybell was transported to the
During Monday's proceedings, Lt.
After reviewing the report of Tammy's death, Powell asked for her medical records and sent the information to the
Powell checked Daybell's property for the
According to Powell, Tammy didn't go to the doctor very often. In fact, Daybell said, the last time Tammy had been to the doctor was two months before her death for an arm injury. Tammy was on fluoxetine and tramadol, but other than depression, Powell didn't see anything that was unusual.
Because of that, Powell got a warrant for exhumation. Tammy's children were unaware of this, Powell said during cross-examination with Prior. Images of the exhumation were shown to the court and the jury, along with an image of Tammy's body before autopsy.
During cross-examination, Prior pointed out anemia is listed on Tammy's record, along with depression and anxiety. Her family also has a history of depression, cancer, thyroid issues and heart disease.
Powell said he did not look at Tammy's death certificate before exhuming her. The cause of death on the certificate says pulmonary edema, Prior said. According to Prior, the morning Tammy died she had a coughing fit around midnight and vomited. According to an account Daybell gave the day his wife was found dead, Tammy fell out of the bed later that morning. He told her to get up and when she didn't, he found her dead, cold and stiff.
Daybell did not want an autopsy of his wife, Powell said. During Tammy's exhuming process, Powell was aware of Daybell's "quick" marriage after his wife's passing. The deaths surrounding Vallow were a factor in Powell's decision to exhume Tammy, he said.
Court will begin again on Tuesday at
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