DAY 22 | LIVE UPDATES: Secret recordings to be played in Lori Vallow Daybell trial as niece and husband take the stand

LIVE UPDATES FROM THE LORI VALLOW DAYBELL TRIAL

9 a.m. Boyce is taking a recess to his chambers to discuss the issue with his staff attorney. He will come back and make a ruling.

8:58 a.m. Archibald responds that the statements of co-conspirators are not hearsay so Chad’s and Alex’s statements on the recording would not be hearsay. He says the state has alleged “unknown conspirators” so Melani Pawlowski could be included in that. He says because of this, the recording should be admitted.

8:56 a.m. Blake: “I want to be very clear. Religious beliefs are not an overt act as charged by the state. What the state has charged is the defendants espoused religious beliefs to control others. There’s been no overt act that they actually held or believed these things.” Blake opposes having the recordings brought in.

8:54 a.m. Blake now arguing for the state. She says it’s objectionable to refer to Ian as a “snitch.” She says he was trying to help the police locate missing children. “He was asked about making the recordings but prior he was asked about some of the religious teachings that Lori had or taught to him.” Blake argues the recordings are hearsay as there are multiple people talking on the recordings. “I do believe these would contain potentially self-serving statements – not in the sense she knew she was being recorded but in the sense the defense would use them for the truth of the matter. If they aren’t going to be used for the truth of the matter, we get into the fact of whether they are relevant.”

8:53 a.m. “The recording is the best evidence. It contains statements of the religious issues as alleged by the state. It contains the actual statements. We don’t believe a couple of statements (Mr. Pawlowski) has made about the summary are a fair and accurate summary of what happened here so we would prefer the best evidence which is the recording itself,” Archibald says.

8:52 a.m. Archibald says there are several hours worth of tape. This particular recording is about 55 minutes and he wants permission from the court to play the recording.

8:50 a.m. Archibald says he reviewed the recordings last night and they have already been admitted as discovery. They are also listed on the state’s witness and exhibit list. “The recording we would like to play this morning is from Ian Pawlowski – recording #9 on Dec. 12 or 13. It’s a conversation secretly recorded by Ian Pawlowski. His new wife Melani is talking on the phone with Chad Daybell and Lori Daybell and they are discussing several issues – the death of Alex, the religious issues, a blessing from Chad and I’ll remind the court these religious issues are charged by the state as an overt act. That this conspiracy my client is being accused of is due in part to religious issues – religious beliefs.”

8:48 a.m. Jim Archibald arguing for the defense. He says he asked for Ian to be dismissed completely and not testify at all. “Since he was allowed to testify, he has said he was a “snitch” – a secret recording at the direction of law enforcement. Mr. Pawlowski has testified so far that he dated Melani Boudreaux for a couple of weeks, got married in Vegas and then contacted law enforcement a week later and, at the direction of law enforcement, he became a snitch.”

8:46 a.m. Boyce is on the bench. “The court had a conference with counsel this morning in regards to a legal issue with the current witness – Ian Pawlowski.” The issue revolves around the recordings Ian has. The defense wants to play them and Boyce needs to decide if they are admissible. We will hear argument outside of the presence of the jury.

8:43 a.m. Attorneys are done meeting with Judge Boyce and are back at their tables. Waiting for Judge Boyce to enter the courtroom.

8:29 a.m. Attorneys are headed back into Judge Boyce’s chambers. Lori remains at the defense table with her back to the audience as she writes on a notepad. John Prior, Chad’s attorney, is in the courtroom.

8:25 a.m. Lori Daybell has entered the courtroom. She’s wearing white pants with black stripes and a black top with a black sweater. She’s chatting with her attorneys. Prosecutors are settling in at their table. The public seating area of the courtroom is packed. The bailiff is reviewing the courtroom conduct order with the audience and reminds everyone to turn their phones off.

8:15 a.m. It’s day 22 of Lori Vallow Daybell’s murder trial. Ian Pawlowski, Lori’s nephew-in-law, remains on the stand. The prosecution finished questioning him yesterday and the defense plans to play secret recordings Ian obtained for police from Lori, Chad and Alex Cox. Melani Pawlowski, Ian’s wife, is expected to be called to the stand today. At 3:45 p.m., Chad Daybell has a status conference for his case. It will be held in this same courtroom with Chad attending via Zoom. I’ll be here for that and will let you know what happens. You can get caught up on everything that happened yesterday here.

Melani and Ian Pawlowski | EastIdahoNews.com file photo