Chad Daybell trial day 27: Defense calls forensic pathologist to stand (2024)

BOISE, Idaho — On Monday, May 20, the defense began its case, calling four witnesses to the stand.

Two of Chad Daybell's children testified in court, Emma Murray and Garth Daybell. Garth's lawyer also took the stand, as well as Joseph Murray, Emma's husband.

Emma and Garth both testified that their mother, Tammy, had declining health, which is the opposite of all state witness testimony. While Garth was on the stand, he got wrapped up in a few of his answers, appearing to be quite nervous to testify.

Garth testified about his role in the investigation, and how law enforcement wanted him to change his testimony, even going as far as indicting him with related charges. However, the charges never went anywhere. Garth did have to testify in front of a grand jury, and obtained a lawyer for the events.

Garth's lawyer, Forrest Fisher, took the stand to testify about the grand jury indictment of Garth Daybell. The charges never solidified, and Fisher's testimony was very short.

There was no trial on Friday, to give defense time to prepare their arguments.

Thursday, May 15, markedday 25of Chad Daybell's high-profile murder trial. What began with questioning, ended with a tense motion hearing over the validity of Daybell's indictment.

After testimony concluded on the 15th, the state rested their case, which opened the door to an error in the indictment document. Per Idaho Code, when the state rests its case, they cannot make any further changes to the indictment so the error applied pressure to prosecutors.

The indictment in this trial came under question on Thursday, after an error in JJ Vallow's death date was made in a Feb. amendment. After hearing arguments from both state and defense, Judge Steven Boyce noted that the amendment itself wasn't approved, meaning the indictment would still be valid, as the previous versions of the document had the proper death date for JJ Vallow.

The trial is expected to last one to three more weeks.

Live Updates:

1:05 p.m.: The defense does not have any more witnesses that are available to call this afternoon. Counsel and Judge Boyce will do administrative work in the meantime, but court is in recess until tomorrow at 8:30 a.m.

12:55 p.m.: Schmitt was present the day the children's bodies were recovered from the Daybell trial. He testified last year, in the Lori Vallow trial, and testified that there were no boundaries in the search for the kids. He also testified to being told to go grab a shovel and search, which Schmitt did. Testimony concludes. There is a sidebar. Cross examination goes forward, and Rob Wood asks more questions about Schmitt's testimony last year. During cross, Wood provides Schmitt a transcript of his testimony from last year, and clarifies to what he meant by "no boundaries." There were some boundaries, such as look near the firepit and look near the pond. A few more questions later, cross examination ends. Prior opts to not cross examine. The witness is excused.

12:47 p.m.: Cross examination begins, with prosecution asking if Gibb was the one that came up with the light/dark scale. He said no. After a few more questions, the witness is excused. Retired Rexburg Police Detective Rick Schmitt takes the stand. As he does, and Judge Boyce does some housekeeping matters, there is a brief sidebar. After the sidebar, Judge Boyce has the jury exit the room so they can take up a matter. The matter is that the witness had accidentally overheard some witness testimony - he came home from work and his wife was watching coverage of the trial. It is a non-issue, and neither party objects to his testimony. The jury is brought back in.

12:43 p.m.: Kararic testifies about Melanie Gibb's interview and how her religious views got brought up. During the interview, Kararic had to ask clarification questions of Gibb, because he didn't quite understand what he titled the 'scale' system - which refers to the light and dark scale that Daybell frequently brought up. There was a portion of the interview that was not recorded properly, but Kararic continued to ask questions off the record. Kararic asked what his ranking was on that light/dark scale. Gibb told Kararic he was on the light scale, and that he had a good aura. Then, Prior asks if Daybell informed Daybell to say that. She said no. Direct examination concludes.

12:35 p.m.: Court is back in session and the jury is brought in for the afternoon. They take a moment to make sure the technology is working. Defense calls their next witness, Investigator Asmir Kararic who works for the Idaho Attorney General's Office. He was asked by the Attorney General's Office to stop looking into this case, because Fremont County Prosecutors wanted the case back. Prior asks the witness if he talked to Melanie Gibb during his investigation. They had a "considerable" or long interview with Melanie Gibb.

11:29 a.m.: Court is at lunch until 12:30 p.m.

11:00 a.m.: Court is in recess for an unknown amount of time. Court is waiting on the next witness to arrive, which supposedly will happen before lunch break.

10:50 a.m.: Defense has two more witnesses that they will be calling today, however neither one is here presently. Judge Boyce states that they will take some motions to fill the time. The jury is escorted out of the courtroom, and now they're addressing some admission of exhibits. Wixom brings up something a witness brought up, that was inaccurate. They are referring to Heather Daybell. Heather Daybell is related, through marriage, to Det. Hope and gave him information. During her testimony, Heather stated she didn't give any information, which was just a miscommunication. Heather meant she didn't have a casual conversation with him.

10:27 a.m.: Court is back from break, and defense calls Reegan Price. She was a neighbor of the Daybell's. She talks about the October 9, 2019 attempted shooting of Tammy Daybell. Prior asks a few questions about the attempted shooting and then concludes direct examination. Ingrid Batey takes the podium to question the witness, Batey asks about a gunshot she heard. Price says it was morning/afternoon time, but does not remember the exact date. It was around Sept. 9, which was the day that law enforcement believes Tylee Ryan died. Cross examination concludes. In redirect, Prior asks one question which is objected to by prosecution. Price's testimony concludes and she will not be recalled. Prior asks for a sidebar.

9:57 a.m.: Redirect takes place, with Prior asking Dr. Raven about the long list of names and documents that were not reviewed. He asks a few questions, and then redirect concludes. Dr. Raven is excused from the stand. Court is taking the mid-morning recess now, and will be back in 20 minutes.

9:42 a.m.: Lindsey Blake takes the podium to begin cross examination. Dr. Raven does not work as a medical examiner currently. Dr. Raven currently works as a contract forensic pathologist. Dr. Raven talks about the differences between corners, medical examiners, and pathologists. Dr. Raven did not review Tammy's medical records from before her death. Dr. Raven did look at some documents of the attempted shooting of Tammy Daybell. Prosecution asks if Dr. Raven reviewed documents from several people, which results in an objection. It is overruled, prosecution continues to ask, listing off a variety of names. Dr. Raven also did not look at prescription records either. Dr. Raven also never saw any medical reports of Tammy having seizures.

9:35 a.m.: They now discuss types of seizures, which Tammy was reportedly suffering from. She never went to a doctor for it, so it was never confirmed. There were no signs that a seizure caused her death. After a few more questions, Prior concludes direct examination.

9:13 a.m.: The next witness is called. Dr. Kathy Raven. She is a forensic pathologist. She discusses her qualifications, which includes medical school. She works in Alameda County and Butte County, California. She was hired by defense to review the autopsies that were done in this investigation. Raven talks about the autopsy of Tammy Daybell. There was no anatomical cause of death, according to Dr. Raven. Dr. Raven also performed an elaborate toxicology report. Prior asks how Tammy died, based on the autopsy. Prior asks if someone could sit on Tammy and kill her. Dr. Raven doesn't exactly feel that it could be that, as it would require 450 lbs or more to kill someone.

9:07 a.m.: After finding the kids bodies on the Daybell property, some law enforcement would go around the property, slowly driving by. Joseph was confused by this. Wixom asks if it makes sense that a law enforcement officer may want to come back to review the property, and Joseph says it was bizarre. Cross examination concludes. During redirect, Prior asks about the large cash deposit into the Murray's accounts. Joseph believes that all 5 Daybell children got $8,000 at time of arrest. Chad was trying to help his family. Testimony concludes for Joseph Murray. Before the next witness is brought in, counsel asks for a sidebar.

8:57 a.m.: After a few questions, they talk about the day Tammy died. Joseph was helping a friend with some farm work, so he had asked his in-laws to borrow the truck. Joseph previously referred to the truck as Tammy's truck, but is now saying "in-laws" - alluding to the fact that Chad may have used it as a primary vehicle. Joseph ended up taking that truck in Dec. of 2019, after Tammy died. After June 9, 2020, Joseph Murray and his wife Emma moved into the Daybell house. They then talk about a deposit into Joseph's bank account. It came from Chad Daybell. That occurred on the day he was arrested, which was June 9, 2020. Chad also gave Emma $9,000 that day, resulting in nearly $17,000 going to the Murray's.

8:42 a.m.: Court was to begin at 8:30 per Judge Boyce, however, the stream still hasn't begun. At roughly 8:44 a.m., court began. Joseph Murray will retake the stand for cross examination. Rocky Wixom will be questioning the witness during cross. Wixom asks if losing Tammy Daybell was traumatic for the Daybell children and their spouses. Joseph has had many conversations with his wife, Emma, and her siblings over the past five years. They talk about the attempted shooting of Tammy Daybell in October of 2019.

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