Chad Daybell Trial: Day 1

you I'm going to ask that the witness be handed States exibit six detective do you recognize St of six yes I do what does it report to be so a photograph of Tyler rning did you as part of your search did you uh look at Tyler R in social media yes we did um to your knowledge was this image obtained from her social media it was it was taken from her Instagram account and so as part of your search did you personally observe her Instagram yes I did and did you personally observe this image on her Instagram yes I did is this a true and accurate representation of what he observed on yes and and also as part of your investigation did you see other pictures of Ty yes I did and is this individual is that true an accurate representation Ty yes you honor the state move for state to be noje very has been offered aded without [Music] objection is this is this the we were just speaking of yes it is what was the username on that the account that you not be Tye a Ryan and and this individual is the Ty R you came recognize through your search that's right I want to ask you about the phrase like are you famar with that CHR I as a detective what does that mean to you proof of life is any documentation um any video photograph anything that we can use to show the last time somebody was saw Al or pursuant to your investigation did you find a last known proof of life for Ty Ryan yes I did how did you locate that that was taken from Lor Val's and what do you know which I was L for style at ioud and and what was the the form of that group of life it was a photograph of Tye taken at wers your H I'm going to ask State or the witness United States exhibit 29a 29b and 13 and I I believe these coming by way of as well judge that's correct by way of stipulation all right do those free please that put side sure e e and I will not that exhibits 29 A and B and exhibit 13 are all admitted without objection would you look at St exhibit 13 what does that do that is the photograph taken from Styles they testified to if I me publish yes just identify the individuals from that photograph detected sure the little boys JJ B the Tyler Ryan is in the middle and then her uncle Alex Cox is on the right and as part of this exhibit did it contain metadata yes it did and does the metadata in this inst well can you describe the what metadata is sure metadata is is like a time and date is a time and date stand with the photograph that's St so it's just data associated with the photograph and this this photo was accompanied by metadata that's great and what date was this photograph taken September 8th 2019 at 2:49 p.m. and you testified earlier this was in Yellowstone yes how do you know that that's Yellowstone been so you personally recognize that location detective revisiting as I did the pro of life um throughout your investigation were you ever able to find photographs dated later than that but Ty l living no and can you describe just with me where you found that photograph from the I I account Associated and I believe you already said it but just for purposes of the render what was the name of that I L for style at icloud.com and and how do you know that that account was associated with L B the information attached to it and also the photographs that were attached to and when you say photographs what type of photographs LED you to the bach L family photographs Lor Bow's photographs with her in the photos detective pursuant to your investigation uh are you aware of a last know group of lovej yes you ask this the witness weh States is 14 I believe also comes in by way of she from noer by stipulation 14 ad detective what is that is a photograph of JJ sitting on a couch what appears to be the front room of Department 175 and where did you locate this that was also on war for style i.com and you mentioned you believe you recognized the location I'm sorry can you say that again yes it appears to be the front room Sametime of a couch that was found in Val's apartment part and did this picture have well can you just describe for the jury What You observe St ex that's JJ Val sitting on couch and R Gall and this was this picture it was is is this the metadata of IT company that picture yes can you what was the the date of that September 22nd 2019 did you know what time was 11:46 a.m. and just to clarify what I was that was that picture taking from also l or Style so detective you testified earlier that well you testified earlier that an order were about to produ sear children good and I believe you already testified that she did not through correct what was the next step in your investigation after that our next step in that investigation was to reach out to anybody that would possibly know where JJ was um who who would you reach out to who reached out to family the FBI other agencies anybody that that would would take our calls TPS that were coming in while you were doing this investigation uh were you aware of any investigation in Fremont County regarding Tammy D yes and what did you know uh were you a part of that investigation I was a part of it um but my focus was mainly J and tile and what was the investigation in Fremont County uh a suspicious death involving the defendant Dill's wife and as part of your investigation did you know when she had died yes when was that October 19th of 2019 you testified that your your primary focus was locating Ty and JJ correct that's sure you have a very see e e e to make every effort to the concluding trial it through3 including today we are going to take our mid afternoon break at this time and just for your reference as well in case I forget to mention we'll be going through evidence and testimony again tomorrow uh scheduled 8:30 to 3:30 and then with some scheduling issues we are going to not be holding court on Friday and so we'll be back on Monday I just want to make to aware of that schedule as well to aware of that schedule as well so we'll go and tell 3:30 today but at this time we will take our break so we try to keep the break to 20 minutes I appreciate e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e thank you please be seated Council while we're waiting for the jurors we will take up on the record at the conclusion of today after the jurors and dismiss the issue of further stipulated exhibits and I'll bring that upud for the day e e all rise pres very please be seated all right we're back on the record after our midafternoon break Mr W we'd like to continue examination of the witness and the witness on their own thank you I need to just take up a couple issues for clarification of the record detective uh you spoke earlier about searching L B's residents cor and B you said the address what city was that address located re and what state is restated detective is part of your investigation did you ever help execute a search war on the deel on Chad Dell's residence I did I executed a couple of ons okay when was the first January 3rd of 2020 and Chad Dill's residence what county is that located M is so what what's his what's his address 202 North 193 and is is that in what city is it listed as it's listed as as Rexburg it's actually Premont campus okay so just to be clear did you just miss speak I me say it and it's what county all right thank you um and you testified you did a search there on January correct was was that search Ina of another investigative agency it was which agency was that three mon County Sheriff's office and do you recall what the purpose of that search was for I don't recall what the problems or the re chch was at that you did you have any other occasion where you sered a Sur war on Chad yes June 9th 202 when you served that woman on June 9th 2020 what time did you arve roughly about 7 in the morning you I'm going to ask that the witness be handed States exhibit 10 a detective are you st at 10 yes I am what do it to be it's a aerial image taken from Google Earth of Defending Dell's property so who do you know who prepared that image I did right you didn't take the picture no because it's a satellite but H have you been I believe you testified you have been to Chad D's residence yes have you walked around the grounds of Chad D's residence yes and have you been inside his homeone I have are you familiar with the landmarks of that residence uh in the Ard yes I am and are you familiar with uh you're familiar with the general layout of of the yard and what's located in it that's correct and is this is this image an accurate representation of Chad Bel yes your honor for demonstrative purposes only the state exhibit 10 objection OB objection how much property I couldn't tell you the amount property and the prosecuting attorney mentioned the yard I need the yard usually means where there's grass so you're familiar with where the what's on the grass right I'm not sure I understand your question well there's and I'll represent to you that there's about four and a half acres out there that sound close okay and I'll represent you that there's an area that's known as the yard that's lawn area you would go with a lawn M are you following me all this is testimonial judge I'm trying to he says that he's familiar with the well understand I think we're going into proc examination will be committed the question is on an issue of foundation or other objection whether or not submitted so Mr what would be the foundational objection you have to testify judge that he's familiar with pasture three and a half four acres of property that go beyond the yard all right response Mr W I think the uh the question is all right based on foundation and what the testimony of the witness about this knowledge of this property Court will overrule Foundation objection allow the exhibit to be admitted and those issues cross H publish that show Detective so you you testified that you execute your serve more on June 9th 20re what time of the day did you arrive at cheat those residents roughly 7 in the morning and was it only the reer police or there other agencies involved at that time there was Fremont County and rord City Police that that went to his house at 7 and did any other agencies help you that day on that search they did who were they the FBI the FBI er Team which is the evidence recovery team the Attorney General's Office Fremont County believe that that's it okay and you testified you got there about seven yes when you first arrived who was I do apologize could I have a quick sidebar with channel so discuss this e e e e e e e e e all right Mr would apologies for the Court's Interruption uh discussing that last exhibit you can continue with your direct examination of the witness your I have the question read that the last question I asked kind of a half question when you first arrived he was the question before that was and you testified you got there about 7 o'clock answer yes that's right thank you yes Detective When you arrived around 7 o' who who was with you at that time there was myself Lieutenant r at the time detective PR Mon and detective Bruce mad and also detective da steps all right so can you go back to those individuals and say where they who they were by lieen rall with Rexburg police detective stubs is also with Rexburg police detective K and M are both PR young Sheriff's Office and and just Clarity of the record is detective ball still with the rest and there what organization is he with now Madison County Sheriff's Office and detective K was he still withont County no he's also with Madison County Sheriff's that's just you so when you got there what did you do initially we knocked on the front door we made contact with Mark D who D's son he answered D he was eating little cereal it was early in the morning we informed Mark of why we were there and that we needed to speak with his Dad he St his D was still asleep and we showed him copy of the warant and he proceeded to let us in and show us where his follow and did you make contact with Mr that M we did he showed us that he was sleeping in bedroom above a loft above the garage so we walked up the stairs just a few of us U Dey command and mad and we stayed back um we informed Chad that we were there and needed to sleep with him he was still asleep he asked if he get some clothes on we allowed him to do that and we came downstairs and did you provide a copy of the mar we did and what happened next Mr Bell asked to speak with his attorney we were standing in the kitchen area he had a seat in the kitchen and his attorney at the time was Mark means so we allowed him to speak with his attorney at that time Mr Means wanted to speak with one [Music] of that's that's fine stop that um after Mr D spoke with his attorney what was the next step in your in your portion of the investigation I allowed Mr D to sit in the front room he sat on his recliner closest to the door his children sat on the couch in the same room I gave Mr Dell a copy of the war and he read through search War while sitting client he asked if he need to leave the residence while we conducted business we informed Mr D he didn't need to leave the residence but if he chose to stay he would be accompanied by an officer just for safety purposes um after you had that conversation what did you do Mr Dell asked if he could make a phone call and at that point he was allowed to go outside and and make a phone call I did and where did you go I went outside with him um and what did you do after that Mr D wanted to sit in the vehicle that was parked back in on the west side of the house there a West driveway um so allowed him to sit inside the vehicle windows rolled up and made a phone call I stood in the grass area this time you going to ask to publish States exhibit 10 a do you have that yes I do you point out the where the front door of Mr D's residence is in that image or where it would located there's two doors um I don't know which one Mr used as a front door I can tell you there's a door right here and a door on the back side so we were Mr D was roughly it's not the vehicle he was in but it's rough park in the same area now was standing here in the grassy area um earlier there was some talk about the yard or the grassy area can you just outline for the jur where I'm going to call it the grass area of the yard is located on that image the grass area is right through here here and is is that a driveway behind the house as well yes there's a driveway here and the just east of that what what is that is that grass as well there was grass here there's a like a little shop area there's a shed here and then this is I guess You' call Pastor did sheer livock there no detective um you testified if you can show again where Mr Dell was and where this and where you were in relation to him when he went outside to so Mr D was sitting in a vehicle fairly close to this location he was sitting in the driver's seat he was backed in I was standing here just observing Mr DAV phone call and Did You observe his behavior that while he was making that phone call he did what was what was the nature of the behavior what was he doing initially he was just on the phone um when I was watching him but as the call rest he had the phone in his right hand and was intently looking over his right shoulder and so I I found it odd I wanted to see what he was looking at so I maneuvered myself to see what he was so intently looking and when you did that did you attempt to orient yourself so that you would be looking in the same direction you perceived him looking at that's great what what did you see when you did that so with the vehicle backed up here he was looking over his right shoulder in this direction I stood over here kind of in front towards the roadway to see exactly what was looking at and when I looked that way I saw this area of this Pond now let's look at that pond real Qui can just kind of run the the pointer around it so the you're sure where it is and there's a there's a tree right here thank you and then a pond and when at the time you notic Mr D there was there any activity going on over there there was so like I testified we got there about 7 o'clock um when we made contact with Mr Dell and the scene was Secure the radio for the other units that were staged about a mile and a half down the road that they can come start marking things off search War so as time passed Mr D was reading the warrant on his recliner while he was doing that there were ER members and other officers that started marking off different sections in the backyard that we wanted to search now Detective When just for clarity of the record for the jury I I believe you defined ER earlier but can you tell the jury again what ER is evidence youry team and and who are they associated with with the FBI now detective were you the the lead of this of excuse me executing the search warrant that day I wasn't in charge of the search War so and I just just for clarity again what did you see when you looked in the direction you thought Mr was Happ or I guess what activity did you see there were some Er members marking off a section under this tree right next to the on the east side of the pond area so right in this general loation what did you do next in in your apartment search that day I was tasked with going into the backyard and sifting through what we DET was a fire B can you show the jury on that or on that picture for the fire um and you said I apologize for the record did you have the witness please reference where that point just Som so there's a representation yes detective if you can point there again and describe what it is you're pointing at where is the fire pit area which there's there's like a little tree here it's just to the north of the tree yes is that it is so you said you you went nor the fire exactly what did you do so a few of us were tasked with getting dirt and anything that was in the barket putting through a sifter so that's originally what I was TK to do by the team leader of the RTD about what approximately what time were you do i' said roughly probably nine that one who was the team leader of the ER name Steve Daniels and how long did you uh sit doing the fire bit uh I would say probably 35 45 minutes and so when when you sifted what what kind of what kind of tool did you use to do that it was a a wooden sifter um we would scoop shovels full and put it in the sifter and wooden handles you just shake back and forth and any larger debris would stay on the top of the wi Street and did you did you know did you find anything of Interest while you were sifting through the fire barrier not at that time did you move to another another area of the search I did um when approximately did you do that you ask for a time approximately yes probably 10ish and I why did you there were ER members and some other members La enfor that had marked off a place under this tree next to the pal they had called and wanted some other people over there to help with that area so I left the fire pit area responded to this section right here next to the tree conqu and what did you observe when you got over there I observed ERT marking off they had already marked off a probably a 6x6 section the best way I can describe it is there was taller shrubs um in the middle of the 6x6 section it looked like there was just a little bit of grass probably length of sod and some dirt protruding through the grass but there were no taller shrubs like on the outside of the section um what happened next the ER team began Excavating that site um they removed a top layer of soil took off the shrub and the top level of dirt and what did you see under that at that point uh you could see what appeared to be three large white rocks and as soon as they did that we could start to smell um the o that through my training experiences de imposing body let's talk about that um have you on other occasions through your work smell the deos unfortunately yes I have and is there a distinctive smell to you that you associate with that there is and it's your testimony that as that first layer of around was lifted off you begin smell that that's what did You observe next after they slowly and methodically dug around the white rocks they were removed ERT took pictures and measurements they continued to dig down right below the layer of rocks were two pieces of Finwood family just right right below the The Rock um were you still able to smell that smell you had described yes as they dug down it it got stronger were those boards remov they were what did You observe after that so after the board removed you could see the discoloration of dirt so you had dry dirt um and then underneath the boards was like a wet moist type so it it was pretty obvious there the distinction between the soil then what happened they continued to brush away the the wet soil and at that point you could start to see the black round object start to protr protrude through the dirt and describe that object about what size was it initially it just looked like a a midd black BR object um they dug down further carefully and and appeared to take shape of the crown of a human head what did you do after that or what did You observe once that was on C so once the black round object was uncovered at that point the ER team leader Steve Daniels got a small sharp instrument and made a slit in the black plastic um you kind of open that up just a little bit not to damage or manipulate any of the evidence but underneath the black plastic was a another white layer of plastic so he used that same instrument and got a split down the white plastic and kind of opened it up and at that point it looked to be brown human hair after that was discovered what happened next as soon as that was the discovered we received information on the radio that the defendant B was leaving his daughter's residence which was caddy corner to his residence at a high rate of speed at that point Mr Deo was pulled over and subsequently plac gu did you go back to the site where the what appeared to be a human was located I did um when I got back to what we ended up call burial site they continued to excavate um around that black plastic and after they excavated and took the dirt off the plastic it revealed um what appeared to be a small body wrapped in black plastic with that date around it thank you your honor not the time yes DAV let's stop the day all right we are going to try to adhere to this court schedule so it is 3:30 this time then I am going to compl trial for the day I've got one additional which I'll take outside the presence of jurors however the jurors will be excused here momentarily as you're leaving for the evening then ladies and gentlem of the jury as I will try to remember to tell you each and every day or breaks breaks please do not discuss this case among yourselves or anyone else please don't do anything to investigate this case if you see immed coverage of the case please try to avoid that so he not partial and with that in mind that will our first evidence so allow the all R please thank you please be seated stand we're going to just argue Council this isn't necessarily a motion it's just the what I want to get on the record in terms of stipulated evidence the parties have agreed to I'll note that back on February 27th the court received a pleading uh stipulation on introduction of specific contains 74 separate items the parties have determined would be admitted at trial by stipulation and let me just first begin there and inquire from the state is this still an accurate representation of evidence that's going to be offered and admitted by stipulation to your understanding so the state's understanding it is ger okay and Mr prior you did uh review that report was filed you signed as well is it still your understanding that those listed items on the pleading are not going to be objected to offered by the def and by the St correct yes very well all right so Council I am going to then indicate on the record that those particular items of evidence are to be admitted by stipulation uh the one thing in keeping our record straight is that those are listed out in a 1 through 74 listing that those do not correspond with the evidence markings in the case and those are not the exhibit numbers or letters that will be admitted in trial so I'll keep the list running but each one of those of course needs be inly marked and admitted with in trial sckers so the exhibits are kept straight in the record and our clerk will assist with that as they come in that I assume all of those are going to be pre-marked and admitted and if you wish to reference them on the pleading throughout prob you can do that but you need to make clear that all those exhibits are not in other words the pleading does not correspond to the actual exhibit trial is that the state's understanding yes your honor and maybe if I may ask for some clarification from the court yes we do have in here one of the stipulations covers um ESS essentially documents that are in relation if we have a business record affidavit or a custodian of record affidavit then we would stipulate that the documents covered or the exhibits covered would be admitted does the court want us to introduce those business record affidavits or codia of record affidavits as their own exhibit I'll let defense way in but I think that makes the most sense to me separate out davs should be admitted as separate exhibits so those can be down later someone's referencing the record judge they stipulated exhibits so decide how okay thank you honor because I think at the end of the day the affidavit itself is stipulated to but really what matters is the content and documents covered by that affidavit or what's actually going to be admitted as evidence so but we have those if the court would like those admitted as well for the record yeah so they'd be they'd be separate the affidavit itself uh like foundation for the other exhibits would be a separate exhibit yes judge you will note that um of my 54 exhibits that the state has agreed and stipulated to admit um the individual exhibits are the same numbers as the stipulation that we put on the record so in other words um number one the stipulated list makes mention of some phone C right information the actual exhibit itself is the same number that I've been offering it just happens to be the contents within that phone celebrate so my numbers match up corresponding to the stipulation that the court has exactly and I did that for me of communting for okay and if they they do match we'll just reference that if they don't um this I guess the point is the stipulation itself is not any kind of controlling document as to what the exhibits actually will be marked as in the record so we'll mark each one as it comes in on the record and make clear that this is simp simply a reference basically if they correspond they do if not clarify that it should be admitted in terms they offer your evidence is introduced so uh that will conclude then my concerns on stipulated evidence is there anything else we need to bring up this afterno before we to today from the state no your H thank you all right anything further from the defense judge just briefly the state I will me about that issue that we had sidebar just the last one to discuss the parameters okay I would suggest Council will want to start with further testimony at 8:30 so parties want to be available at 8 tomorrow morning to take up any matters outside jury's presence before we get the jurors back in cour so that'll be our schedule for tomorrow okay thanks everyone in attendance today for complying with conduct order please folks make sure you take all your things with you e e e e e e e e e e

Channel: KSL News

Views: 7,036

Keywords: today, Utah, Utah News, daybell, lori vallow, chad daybell, idaho

Id: DdfFvOek7vY

Length: 92min 29sec (5549 seconds)

Published: Thu Apr 11 2024