Lori Vallow Daybell in a September 2022 court hearing. | Tony Blakeslee, EastIdahoNews.com file photo
LIVE UPDATES FROM THE LORI VALLOW DAYBELL TRIAL
8:55 a.m. Retired FBI Agent Doug Hart is now on the stand and jurors are being brought in.
8:53 a.m. Blake responds that the exhibit is from Edwards – not the prosecutors. “In no way did the state meet with him or tell him what to say. I take issue with the fact that’s what is being presented on the record.” Boyce says he will take the issue under advisement and review the exhibits. He will make a ruling before the witness takes the stand.
8:51 a.m. The exhibit also includes a timeline that Archibald opposes. He says it’s cumulative and there’s nothing original in it. “The state is cherry-picking on this evidence. They have gone to Nick Edwards about the defense’s position about holes in the investigation so this witness has crafted their exhibit to fill in what the defense has been stating over the course of this trial. That in and of itself tells the court what they’ve been doing here. This is not a summary – this is a closing argument for the state to put in through a witness what they believe to be relevant for the jury.”
8:48 a.m. Part of the summary exhibit includes the James and Elena story – the romance novel you can find here. Boyce pushes back that it’s not a summary of the story – it’s the entire story. He asks for the relevancy of publishing the entire story. Blake responds, “When investigators found it, they went through it and determined things that were occurring in real life were reflected in the story.” She says it portrays the underlying motives of the case.
8:47 a.m. Blake says the exhibit is not a summary of the entire trial but it’s a summary of the investigation conducted by Edwards.
8:42 a.m. Blake says the information on the exhibits was identified in a March filing so the defense should have been aware of it. Blake says Edwards’ testimony and the exhibit will refute some of the claims defense attorneys have made thus far in the trial.
8:39 a.m. Boyce says he shares some of the same concerns as the defense. “It seems to me witnesses are summarizing their testimony and reading it off the slides. I don’t see how that’s any different than reading out of a report” which Idaho rules don’t allow. Boyce says the exhibits also appear as the “first bite of the apple” in closing arguments which witnesses should not be making – rather, the prosecution should.
8:38 a.m. Archibald says prosecutors are “picking and choosing what’s important here” by asking witnesses to choose the most relevant parts of their testimony and submitting it in the exhibits. He says the presentation is improper and defense attorneys have never received a report from Edwards. “For them to say this is a summary – a summary of the entire trial – that’s for the state to put on during closing arguments not to call a witness to make their closing argument for them.”
8:36 a.m. Defense attorney Jim Archibald says he has reviewed the three proposed exhibits from Nicholas Edwards, the lead investigator at the Attorney General’s Office. Arbhicald opposes the exhibits. “He picks and chooses from police reports and submits arguments that have not been admitted as evidence in this trial.”
8:34 a.m. Fremont County Prosecuting Attorney Lindsey Blake says the witness after Det. Hart has an exhibit based on information and evidence provided to defense attorneys through discovery. Blake wants to know if the defense will object to the exhibits.
8:33 a.m. Judge Boyce is on the bench. He says prosecutors would like to sort out an issue with exhibits before the jury comes in.
8:31 a.m. Lori is chatting and laughing with her attorneys as we wait for Judge Boyce to enter the courtroom. Larry and Kay Woodcock are in the courtroom.
8:27 a.m. Lori is in the courtroom with her attorneys. Prosecutors are at their table. The bailiff is going over courtroom conduct rules with members of the public. Benches are full again today.
8:15 a.m. Week five of testimony begins this morning in the Lori Vallow Daybell case. Retired FBI Special Agent Doug Hart will be back on the stand today detailing what he uncovered on Lori’s iCloud accounts. He is the prosecution’s 59th witness. He began testifying Friday. You can get caught up on what he said here.

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