Chad Daybell trial live: New witness casts doubts on cult prophet’s son’s story about mom’s death

The defense could rest this week as Chad Daybell’s triple murder trial nears the end.

Several witnesses have already testified for the defense, including two of Daybell’s adult children, Emma Murray and Garth Daybell, as well as son-in-law Joseph Murray.

They testified about Tammy Daybell’s health leading up to her death in October 2019.

An independent forensic pathologist testified on Tuesday that Tammy Daybell’s cause of death should have been ruled “undetermined” instead of “homicide.”

This contradicts the official autopsy from Dr. Lily Marsden and Dr. Erik Christensen after her body was exhumed.

After the defense rests, prosecutors may call rebuttal witnesses, before jury instructions are given. Only then will closing arguments be presented to jurors.

The first defense witness of the day is a digital forensic examiner Patrick Eller, who is also the CEO of Metadata Forensic.

He testified that the phone data he reviewed doesn’t show Daybell on his property in Rexburg, Idaho, on the day Tylee Ryan was allegedly killed.

“There was a lot of other devices – there are more records than what you see here,” he said.

However, on September 9, there are multiple data points showing Alex Cox’s device was at or near Daybell’s property between 9:15 a.m. and 11:45 a.m.

A lawyer who tried to stop Chad Daybell’s trial just two days before it was scheduled to begin has been ordered to pay a fine for wasting the court’s time, Judge Steven Boyce ruled this week, local outlet ABC8 reported.

Terry Ratliff, who was not affiliated with the state or the defense, filed a motion full of errors on March 29, 2024, the Friday before jury selection began.

At a hearing, Judge Boyce chastised Ratliff for the motion, telling him: “When I reviewed this, I was angry, and I’m angrier now in light of what you did.”

“This caused real loss for the attorneys and the court,” he added.

According to the ruling, “Counsel for the defendant has submitted documentation that he spent three hours addressing the frivolous pleading, including attending the hearing on April 18. Counsel further has represented to the Court that his normal hourly rate is $350.00/hour.”

“The Court finds both the time claimed and hourly rate are reasonable, resulting in attorney fees of $1,050.00.”

“The State of Idaho has represented to the Court that prosecutors collectively spent 2.75 hours addressing the pleading and have requested fees at the rate of $65/hour, for a total of $178.75.”

“Therefore, the Court sanctions Ratliff the sum of $1,228.75. Ratliff has 30 days to make the payments directly to the lawyers or he will be held in contempt of court.”

Dr. Greg Hampikian is back on the stand after lunch.

Earlier, he had started to testify about the various ways DNA can be transferred from people and objects.

Dr Hampikian says he found there was no evidence that Chad Daybell’s DNA was present on anything that was tested.

He testified about the hairs found on the adhesive that was used to bound JJ Vallow.

Some of the hairs were brown, some were short dark hairs, and one was blonde.

Judge Boyce has dismissed the public from the courtroom.

Jurors, the attorneys and the judge will remain in the courtroom to discuss scheduling.

Court is in recess until tomorrow.

Court is back on record as the parties discussed Emma Daybell’s testimony on the life insurance that she and her mother allegedly upped.

Emma said on the stand that “we did not consult with our husbands” when they signed the life insurance forms. Judge Boyce said he will allow the state to question Emma about the statement when rebuttal witnesses are called.

Boyce previously determined that a statement made by Janice Olson, Tammy’s co-worker, about changing Tammy’s life insurance policy could not be admitted. But because Emma then brought up the issue during her testimony later in the trial, the state wants to be able to bring in the statement.

Boyce says there are two other potential witness issues relating to Det. Ray Hermosillo and Dep. Colter Cannon.

Prosecutor Rocky Wixom says Hermosillo was released from his subpoena but the state wants to recall him as a rebuttal witness. He says the detective has been hyper vigilant at not watching any part of the trial. However, Prior does not want Hermosillo recalled.

“I am extremely skeptical that Officer Hermosillo did not discuss the case with any other officers involved,” he said.

Boyce assures Prior that Hermosillo will be placed under oath like other witnesses so he will need to tell the truth about whether or not he watched the trial or discussed it with others.

Wixom says the rebuttal case will take one and a half to two days and the questioning will be narrow and focused.

Court will resume tomorrow at 8:30am MT/10:30am ET where a proposed schedule will be presented to the court.

Prosecutors Rob Wood and Ingrid Batey have arrived at the Ada County Courthouse for day 29 of Chad Daybell’s trial, East Idaho News’ Nate Eaton reports from Boise.

Chad Daybell’s defense attorney John Prior has arrived at court for his client’s death penalty trial as testimony nears an end.