48 Hours - Broken Trust: Inside the Lori Vallow Daybell Trial

Episode Date: May 3, 2023

Prosecutors bring cause of death for JJ, Tylee, and Tammy to the forefront of the trial. A lack of trust in Lori is revealed when jurors hear emotional testimony from Summer Shiflet, Lori Vallow Daybell’s sister. Tammy Daybell’s sister also speaks. CBS News National Correspondent Jonathan Vigliotti and 48 Hours producer Richie Fetzer bring you back inside the courtroom for week four of the trial.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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to a remote base near Joshua Tree National Park. They have to alert the military. And when they do, the NCIS gets involved. From CBS Studios and CBS News, this is 48 Hours NCIS. Listen to 48 Hours NCIS ad-free starting October 29th on Amazon Music. You testified that you trusted your sister. After the discovery of JJ and Tylee, did that change?

Yes. Why? I felt lied to, and my trust in my sister was broken. I'm Jonathan Vigliotti. We're starting this week's special episode of 48 Hours with emotional testimony from Lori Vallow-Daybell's sister, Summer Shifflett. We're in the fourth week of testimony in Lori Daybell's trial for the murders of her two youngest children, Joshua J.J. Vallow and Tylee Ryan. She's accused, along with her husband Chad Daybell, of J.J. and Tylee's murders, as well as the murder of Chad's late wife, Tammy Daybell. They've both pleaded not guilty, and Chad Daybell's trial will occur at a later date.

The 48 Hours team has been reviewing hours and hours of court audio, bringing you the latest highlights from each week of the trial. We'll get into testimony from both Lori Vallow Daybell's sister, as well as Tammy Daybell's sister, Samantha Gilliam. We'll also learn more about what might have actually happened to J.J. Vallow and Tylee Ryan. For all the latest, we're back with longtime 48 Hours producer Richie Fetzer, who's been covering the case alongside me since 2019. Welcome back, Richie.

Hi, Jonathan. Thank you for having me back. There's certainly a lot to talk about this week. There is. And much like last week, the court heard gut-wrenching testimony from someone who may know Lori as well as anyone else, her sister, Summer Shiflett. I can't imagine, Richie, how hard it must be for her to have testified against her sister. It's been reported that Shifflett cried throughout her testimony, which isn't surprising considering what she had to say about her relationship with Lori. She and Lori were very close growing up, according to Shifflett. And then as adults, Shifflett said that she was present in Lori and the children's lives.

Did you see Tylee grow up? Yes. How would you describe Tylee? I would describe her as beautiful and witty and very talented in a lot of different ways. But eventually, Shiflett said she too began to hear Lori's stories about past lives and the end of times, right? Yes, that's correct. Shifflett testified that Lori changed after she met Chad Daybell

and began to tell stories that Shifflett found hard to believe. 2019, did she tell you that she had been someone else in another life? Prior to 2018? Prior to 2018? Prior to 2018. No. In late 2018 or 2019, did she tell you that? Yes. Did she tell you about her previous lives?

Yes. Did any of that make sense to you? Not really. Did you believe it? I tried to. I wanted to believe her, but it didn't make sense. Listening to this, it seems Shifflett really wanted to believe her sister, but just couldn't wrap her mind around the things she says Lori was telling her. Miss Shifflett, fair to say that you trusted what she told you? Yes. You believe your sister when she stated to say that you trusted what she told you? Yes.

You believed your sister when she stated to you that JJ and Tylee were safe? Yes. Yes. I'm going to draw your attention to early June of 2020, when JJ and Tylee's bodies were found. You testified that you trusted your sister. After the discovery of JJ and Tylee, did that change? Yes. Why?

I felt lied to, and my trust in my sister was broken now richie i know you remember this i interviewed shifflett and her and laurie's mother janice cox about a month before jj and tyler were found and what struck me from that conversation was how much they believe the children were still alive possibly being hidden by friends, maybe even in a bunker. These were theories that they were all kind of mulling through their mind, of course, a much different scenario. Yes. And of course, when we did that interview, it was just before the children's bodies were found. And both of them really believed that JJ and Tylee were safe because that's what Laurie was

telling them. And they really believed, according to that interview, that Lori was incapable of harming her children. Right. And you can hear the apparent change for Shifflett in a recording of a video call prosecutors played between Shifflett and Lori from 2020. This was just days after their children's remains were recovered. At the time of this call, Lori was already in jail on child abandonment charges and just days away from being charged again, this time with two felony counts of conspiracy to commit destruction, alteration, or concealment of evidence. Here's what Summer asked her sister then. This audio, it's hard to hear. It's recorded audio. It's being played back inside the courtroom. It's also very emotional as Lori's sister confronts Lori about the deaths of her niece and nephew. I'm just back yard.

And we don't understand how that happened. Why? And you didn't tell us. And we're done, Satan. Did you know they were there? I can't talk about it. I can't talk about it. Lori Vallow, relatively calm there, as you can hear her sister struggling at times to even catch her breath to get a word out. There's a big pause in the conversation, but Shiflett keeps questioning Lori.

I don't understand anything. You never let anything happen to me. You just let me throw it away like garbage. I can't take it. It's too painful. Wow, it is just heart-wrenching to hear Shiflet in this call. And it's interesting, as the call continues, Shiflet still seems open to hearing Lori out about what actually might have happened to JJ and Tylee. You went off to Hawaii or dancing on the beach while your kids were in the ground? You had no help when you were there. I just can't understand. I don't understand. I don't understand.

I want to believe the best in you. I really do. I love you as all my heart. It kills me. You're just a little kid and I don't know if it was all my fault or if it killed me. But then, maybe we should still get it. I don't understand. I don't understand. You know the things that I'm sorry about.

That's what I thought. You still do. Lori, if you let that happen to them and didn't tell us and put me in the ground like a piece of trash, then I don't know you. You would have never done anything like that. That's correct.

And if you knew and didn't tell us, that's not okay. We love them. We would have taken them. We would have taken care It's so hard, Richie, to listen to this. I mean, clearly emotional, but having spoken with Summer Shifflett and her mother back at a time when they were still full of hope that JJ and Tylee were alive, clearly, obviously, this is the reality that Summer Shifflett faces while also coming to terms with what sounds like this growing instinct that maybe her sister was involved. Yeah, I mean, that's, I think, the only conclusion you can come to listening to this.

And the devastation in her voice is, frankly, really hard to listen to. Schiffle continues to question what Lori was thinking, jetting off to Hawaii, just weeks after police say her children had been killed and buried in her then very new husband, Chad Daybell's backyard. I think you were dancing on the beach having a great time, getting married. And you took pictures of her. You said you don't deserve a burial, but you need to get wedding pictures? You don't think that's upsetting? Nobody knows.

I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry.

I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm knows. I'm sorry. Then nobody knows

except for you and the Lord. Yeah, ask him. I have. And guess what? I don't have one scripture that says it's okay for children to be thrown away like garbage

in the ground. And that that's okay for children to be thrown away like garbage in the ground. And that that's okay. There is nothing in the scriptures that is godly about hurting a child. Nothing. And they deserve a proper burial with family that lost them at the least. I can't support that. There's a part of the call that we'll listen to coming up where it seems like Lori is getting frustrated. I'm saying nobody's seen me on the floor crying.

Nobody knows what I've been through. But my children, that I love more than anything. Hi, Lori. You were dancing on a beach with a smile on your face taking wedding photos? Trying to go on with life. You don't see me trying to find some kind of happiness. You think I want to be alone? Do you think that your mother and your sister and your son don't deserve to know that the children are gone? Why wouldn't you call and tell us that? Why were we cut off?

You say you want to go on and be happy? You're just going to be happy without your family and your life until you're stuck in jail and I'm the only one stupid enough to be your friend. I've been your best supporter, Lori. I've loved you my whole life. I still do. I can't bear to see you. It isn't bad about you.

It hurts me. I don't want to see you in jail. I don't want you to be there. I don't want to see you in jail. I don't want you to be there. I don't want people to misunderstand. If you would tell me the truth, I would stand up for you for the rest of time. You know that I would. I love you so much. But there is nothing okay about this.

Nothing. Wow. As this call continues, Shiflet goes on to implore Lori to consider that Chad Daybell might have misled her. Lori, we have all read this group. I know you told me about a lot of your spiritual experiences. You know I'm trying to support you in all of them. But I am telling you because I love you with all my heart. love you with all my heart. Please consider that Chad has lied and been deceived and that you have been deceived and that this is not what you think it is. Now you're hearing a lot of sniffling and

that is Summer Shifflett in court listening back to this audio recording as it's being played. Despite the love Shifflett says she has for her sister, she keeps suggesting that she believes Lori was somehow involved in JJ and Tylee's deaths. And this week turns out to be a week of sisters testifying. Summer Shiflet wasn't the only sister we heard from. Thank you, Your Honor. Will you please state your name and spell your last name? and spell your last name. Samantha Gwilym, G-W-I-L-L-I-A-M. Are you related to Tammy Daybell? Yes, I am. She's my sister. So we just heard the voice of Samantha Gwilym. She testified how she and Tammy Daybell grew up as the only girls amongst five siblings and how they stayed close throughout their entire lives.

That is, she says, up until Chad moved Tammy and the family to Idaho. Before that, William says she saw Tammy every day. And William Ritchie testified about what she says were some bizarre events, starting with some visits her sister made to William's home before she died. William said during one unannounced visit, she saw Chad sitting in the car while Tammy brought over a birthday present. William says this distance was out of character for him, meaning that he should normally have come up with that birthday present as well. On Tammy's last visit, she points out Chad wasn't present at all, which William says was strange since Tammy did not like to travel alone. Richie, what else did William

tell jurors? According to William, the most telling stories occurred after Tammy Daybell's death when she says Chad Daybell told the family he'd remarried a woman named Lori. You don't get married four weeks after you just buried your wife of almost 30 years. You just don't do that. buried your wife of almost 30 years. You just don't do that. And we found out it had only been two weeks after she had been buried and we were devastated. Devastated. William says Chad told her that Lori's previous husband had died of a heart attack and they had bonded over the deaths of their spouses. Now it's true that Lori V Vallow Daybell's third husband, Joe Ryan, had died of a heart attack. But that statement omits what happened to Lori's fourth husband, Charles Vallow, who Lori had been married to just before she married Chad Daybell.

William looked up Lori on the internet and says she learned about Charles Vallow's shooting death at the hands of Lori's brother, Alex Cox, just four months earlier. death at the hands of Lori's brother, Alex Cox, just four months earlier. I discovered her name was tied to Vallow, and it brought up newspaper articles about a man in Arizona who had been shot in his own home by a brother-in-law. And I took that to my husband, and I said, I think this is the same woman that he's married. As William's testimony continued, she says that she continued her research, and she found an obituary for Charles Vallow, where Kay Woodcock, Charles Vallow's sister, and JJ's grandmother, comments about how, quote, we will take care of JJ, unquote.

So this reference to a young child raised red flags for William. She says she hadn't heard anything about children before this. So she says she asked Chad about it. And I said, well, so please help me understand. So now that you've married her, are there children? Because I had seen the other information. And I said, are you going to be raising kids together? So after she asked that question, William says this was Chad Daybell's response. And he told me no, that there's no children and that they were going to be empty nesters.

Empty nesters. Let's be clear here. We know Lori did have children. So for Chad Daybell to say they were empty nesters, I'm sure prosecutors see this as a very damning statement. Yes, I think that's the only way you can look at it. And William says she then asked about how the family would support themselves after Tammy Daybell died, since William says Tammy, as a school librarian, was the main breadwinner in the family. And themselves after Tammy Daybell died, since Williams says Tammy, as a school librarian, was the main breadwinner in the family.

And in the past, Chad had relied on Tammy to contribute to the finances. Chad was not able to financially support the family by himself. No. And he didn't indicate to you that he'd found a new profession to do that. No. So presumably he may have needed to rely on support from his new spouse. Correct. He told us that she had lots of money.

We have a lot more to get to, but let's use this moment to take a quick break. When we come back, we're going to hear testimony from crime scene analysts, forensic experts, and others who helped answer the question of what actually happened to Tylee Ryan and J.J. Vallow. Have you ever wondered who created that bottle of sriracha that's living in your fridge? Or why nearly every house in America has at least one game of Monopoly. Introducing the best idea yet, a brand new podcast from Wondery and T-Boy about the surprising origin stories of the products you're obsessed with and the bold risk takers who brought them to life. Like, did you know that Super Mario, the best-selling video game character of all time, only exists because Nintendo couldn't get the rights

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It was about this supernatural killer who would attack his victims if they said his name five times into a bathroom mirror. But did you know that the movie Candyman was partly inspired by an actual murder? I was struck by both how spooky it was, but also how outrageous it was. Listen to Candyman, the true story behind the bathroom mirror murder, early and ad-free, with a 48-hours-plus subscription on Apple Podcasts. We're back with 48 Hours producer Richie Fetzer. Last week, we learned more about the deaths at the center of this case, finally getting a little more clarity on where and how the children and Chad Daybell's wife, Tammy, died.

and how the children and Chad Daybell's wife, Tammy, died. The testimony highlighted the scale and the depth of this wide-reaching investigation, pulling agents and researchers from countless different government agencies. Richie, what did we learn from these experts? Yes. So while we've already heard testimony about the June 2020 search of Chad Daybell's property, FBI Special Agent Steve Daniels helped jurors picture the real scale of the operation. On this site, besides the evidence response team members, we had about eight. We had Rexburg Police Department members. We had Fremont County Sheriff's Department members. We had other FBI employees helping on this scene. So when listening to this court audio, I couldn't believe how many tools were being used in

the search. Some were what you might expect, like shovels, rakes, metal trowels, and even a drone. But there were other things that might not immediately come to mind, like a high-tech laser pharaoh scanner, which makes a three-dimensional scan of the crime scene. And then on the other end of the tech spectrum, they used tongue depressors, which they used to process the skeletal remains. Right. And I understand part of why they needed all of those tools, and this is graphic to discuss, is because of how the remains were buried. While according to FBI Special Agent Daniels, the team located JJ without much trouble. They had a much more difficult time

with Tylee. We do want to warn listeners that this material is still very disturbing. So fast forward about eight minutes or so if you'd like to skip ahead. Richie? So Agent Daniels spent several minutes describing how much difficulty they had digging through what they'd eventually realized was Tylee Ryan's burial site. For a long time, officers didn't even realize kind of what they were looking at. They were uncertain what they were uncovering. It included this green bucket that was melted, and then what turned out to be teeth and bone and even a necklace with a silver charm on it. So just such a big contrast for us as a team, going from JJ's, how precise everything was placed, the stones, the planks, the wrapping of the body, all intact, versus Tylee's.

A reminder that officers have said they believe Tylee was killed on or around September 9th, 2019, while JJ was killed later as he was last seen alive on September 22nd, 2019. We've previously reported this. JJ's remains were found wrapped in duct tape and plastic. Tylee's were discovered dismembered and severely burned. dismembered and severely burned. Richie, what, if anything, can we deduce from the differences between how these two children were killed and buried? Yes. So I think the first thing that comes to mind is some of the testimony we previously heard from Lori's sister-in-law, Zulema Pastenas, that Lori allegedly said people could be taken over by

demons or dark spirits, and that the only way to completely cleanse the body of these demons is to bind or burn it. And you'll remember there was testimony from other witnesses claiming Lori had said both her children had been possessed. Yeah, it's all very disturbing. The medical examiners and forensic pathologists who conducted autopsies on JJ, Tylee, and Tammy Daybell's remains also testified. Their testimony, as you can imagine, was oftentimes very graphic. And the defense tried to argue against the autopsy photos even being shown. Is that correct, Richie? Several experts testified to the conditions of the children's remains and the tests that were

done to hopefully learn what might have happened to them. Dr. Garth Warren conducted both JJ and Tylee's autopsies, and he repeated some of what we've heard before. But he went on further to conclude what the actual cause of death was for JJ Vallow. I determined the cause of death to be asphyxia by a plastic bag over the head and duct tape covering the mouth. And then there's another segment that's other significant conditions. I put bound with duct tape, bruising of the arms, and abrasion to the neck. But ultimately, the cause of death was asphyxia by plastic bag over the head and duct tape over the mouth. Dr. Warren also drew attention to JJ's toxicology report, which showed low levels of a drug called

GHB. It's often referred to as liquid ecstasy. Some refer to it as a date rape drug. So what it does, it acts as a depressant on the central nervous system. It can give you a sense of euphoria. It can give you a sense of calming, relaxation. Liquid ecstasy or the date rape drug. Richie, please help me understand this. Why would JJ have a drug like that in his system? Well, Jonathan, unfortunately, it's kind of impossible to know. So Dr. Warren, he acknowledges that GHB can be found in a variety of drugs that people use both medicinally and recreationally, but it can also be found in the body naturally. So we may never know why that drug was found in G.A.J.'s system.

Yet another very frustrating mystery. Moving on to Tylee, her remains were found scattered and burned. So first of all, Dr. Warren was able to conclude that Tylee did not die naturally and that any burning likely happened after she'd been killed. Dr. Warren, based on your autopsy of Tylee Ryan and based upon your education, training, and experience, have you formed an expert opinion concerning the cause of death of Tylee Ryan? Yes.

What is that cause of death of Tylee Ryan. Yes. What is that cause of death? I determined the cause of death to be homicide by unspecified means. So Dr. Warren tells the jury, I can't tell you exactly why it's a homicide, but it is a homicide. So the coroner's office ends up sending Tylee's remains to Quantico, where Dr. Angie Christensen spends about a month scanning the fragments and concluding that some of the bones show signs of what she called, quote unquote, sharp trauma. Sharp trauma. So Dr. Christensen testified that means something with a small surface area that was used to

make an impact. Yeah, that's correct. So another FBI analyst speculated that the injuries could have come from a bladed tool like a machete or a hatchet. Okay, so during testimony, it was revealed some tools were found on Chad Daybell's property. Were those also sent to a lab? They were sent to a lab. There was more than a dozen items that they collected and sent for DNA analysis. A forensic pathologist, her name is Catherine Dace, testified that Tylee's DNA was actually found on both a shovel and a pickaxe recovered from

Chad Daybell's property. It seems prosecutors are trying to connect the dots that Tylee was killed and mutilated, possibly using tools found at Chad Daybell's home. Yes, and this evidence appears to be pretty damning. Then plastic bags and duct tape were recovered from JJ's burial site, and it was on one of these pieces of duct tape that investigators recovered a hair. A DNA analyst testified that after extensive testing, the hair was matched to a DNA profile for Lori Vallow Daybell. Here's more of the analysts describing how unlikely it was

that that hair could have belonged to anyone else. Your statistics were 1 in 71 billion. Yes. And can you just, again, just briefly, so that we're all clear, what exactly does that statistic mean? So that means that if I were to see this, I would stick my hand into a hat of DNA profiles. I would expect to see this profile one in 71 billion times. And that's 71 billion with a B. I think short story here, the odds are not in Lori Valdo's favor here. So, Richie, prosecutors are trying to tie Lori to JJ's burial.

Is this the first time they've been able to do that? This is the first time that I've heard anything about any physical evidence tying Lori to JJ or Tylee's burial. Also, on one of the plastic bags, an Idaho state police forensic scientist was able to find a finger and palm print that matched Lori's brother, Alex Cox. We also learned that a phone connected to Cox was seen near Chad Daybell's property on September 9th, a day after Tylee Ryan was last seen alive, and then again on September 23rd, a day after JJ was last seen alive. on September 23rd, a day after JJ was last seen alive. So none of this looks good for Alex Cox, but we'll remind listeners, Alex Cox will never go on trial for his niece and nephew's deaths because he died in December of 2019 of what authorities say was natural causes. In addition to these testimonies, Richie, about the children's remains, we also got a glimpse into what investigators say is Tammy's cause of death as well.

Yes. So one of the first things we heard was a recording of a 911 call from Chad Daybell and his son, Garth. We just found my mom. She's on the ground frozen, or she's stiff, and I don't know. Are you in Madison County or Fremont County? Hello, I'm Chad, the husband. She's clearly dead.

Oh, sorry. Okay. Okay, are you in Rexburg or... Because your address shows Rexburg address, but you're in Fremont County? It's a mile past. Okay. Oh, no. Okay. Okay.

Oh. Yeah, she's not even. She's frozen. Okay, can I get your name? Chad Daybell. Oh, man. Okay, Chad, I'm going to get somebody up to you right now, okay? A very distraught-sounding Chad Daybell on the phone with 911 after discovering his wife, Tammy,

as he described it, clearly dead. After Tammy's death, there was some back and forth about if an autopsy should be done. Richie, what happened here? Yes. So according to Fremont County Coroner Brenda Dye, who was on the scene at that time, Chad Daybell did not request an autopsy be performed. And ultimately, in this case, you determined to not have an autopsy conducted. Is that correct? Correct. After consulting with the detective over the phone and Officer Greenhall and Deputy Coroner Wilmore. and Officer Greenhall and Deputy Coroner Wilmore. Did Chad request an autopsy? No.

Did he make any indication to you regarding the autopsy? No. So it's important to note that during cross-examination, Lori's attorney, Jim Archibald, brings up that Chad Daybell's daughter, Emma Murie, also did not want an autopsy performed on her mother, Tammy Daybell. So Chad and Emma, Chad and Tammy's daughter, asked you, please don't do an autopsy. They didn't deem it necessary. Emma was against it because of the extent of... she didn't want that done to her mom. Okay. And so is it fair to say that you believed

Chad's version of events of what happened to Tammy Daybell? On scene at that time, yes. Richard, can you remind us, what was the original cause of death? Coroner Dye testified that the original cause of death that she came up with for Tammy Daybell was that she died of natural causes. Bell was that she died of natural causes. Cause was pulmonary edema due to syncopal episodes with seizure-like activity and the manner natural. And again, that was based on, excuse me, let me back up. Was that based in large part on information Chad Daybell provided you? Yes, and also a daughter gave me some medical history background on her. But investigators began to view Tammy Daybell's death as suspicious due to her health, age,

Chad Daybell marrying Lori so soon after, so they had her remains exhumed two months later, on December 11, 2019. Ms. Dye, based on the information that you learned from the medical examiner and attending the autopsy, do you intend to modify the death certificate in this case? Yes. And what would you be changing the death certificate for Tamara Daybell to reflect? And what would you be changing the death certificate for Tamara Daybell to reflect? Cause of death, asphyxiation, the manner of death, homicide. Our team at 48 Hours will be reporting on the Lori Velo Daybell trial. We plan to bring you the latest coverage and analysis throughout the trial exclusively on the 48 Hours podcast.

In the meantime, be sure to follow and listen to 48 Hours wherever you get your podcasts. You can also listen ad-free on the Amazon Music or Wondery app. Richie, thanks so much for debriefing us again. We'll check back in with you soon. Thank you again for having me. We'll just have to see where this trial goes. If you like this podcast, you can listen ad-free right now by joining Wondery Plus in the Wondery app. Before you go, tell us about yourself by filling out a quick survey at wondery.com slash survey. In the Pacific Ocean, halfway between Peru and New Zealand, lies a tiny volcanic island.

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