We are back at the Ada County Courthouse as Lori Vallow Daybell's trial begins to conclude. Today the jury will be given instructions before they deliberate and we will hear closing arguments from both the prosecution and the defense.
A reminder of the charges Lori faces:
-Conspiracy to commit first degree murder and grand theft by deception (Tylee Ryan)
-First degree murder (Tylee Ryan)
-Conspiracy to commit first degree murder and grand theft by deception (JJ Vallow)
Lori just walked in the courtroom. She's wearing gray dress pants, a black top and a black cardigan. She was holding a manila envelope. She's now chatting with Jim Archibald. All of the prosecutors are sitting at their table.
There is a buzz in the air in the courtroom. Much more chatter and Larry is passing out Lifesavet mints from a big red bowl. "Y'all pass those down to the ladies over there," he says. He is in good spirits.
Larry is now on our side of the courtroom with the bowl of mints. "How are you doing Larry?" the lady behind me asks. "I'm doing great!" with a thumbs up.
Bailiff (who some have now nicknamed "courtroom daddy") is giving instructions to the audience. "Today is a very big day. Thousands of manhours have been put into this case and we want to give the jury as much respect as we can.
Please silence your phones. If you don't know how to silence them, turn them off. No photos or video in the courtroom. The Lifesavers are a double-edged sword - please open the wrappers now."
Personal note: I'm going to miss seeing the bailiffs and courtroom staff every day. They've been kind and professional in handling such a high-profile case with different people showing up every day to watch.
The reserved prosecution rows are nearly full. Rexburg Police Chief Josh Rhodes, Asst. Chief Gary Hagen, Det. Ron Ball and all Det. Ray Hermosillo sitting there.
Larry and Kay Woodcock, Gerry Vallow (Charles' brother), retired FBI Special Agent Doug Hart and another FBI agent are sitting there along with Rex Conner, Lori Daybell's uncle.
Boyce will go through jury instructions before closing arguments. The defense and prosecution are ready to proceed. Boyce says he will first rule on the defense's motion for a judgment of acquittal.
"The court must deny a motion if there is some evidence of guilt presented at trial," Boyce says. He cites case law about Idaho Rule 29, the motion for judgment of acquittal. "Obviously this has been a long trial with a lot of witnesses and a lot of evidence presented."
Boyce says substantial evidence has been presented during the trial and he's gone through the elements of the charges. He lists the charges (scroll down to 8:05 a.m. to read them).
Boyce lists witness testimony and evidence presented during the trial that shows there is a sign of potential guilt. He says the state provided sufficient evidence to back up the charges.
Boyce continues to list the charges and then explains evidence and witnesses who testified in relation to those charges. On the first count, he denies the rule 29 motion.
Boyce denies the rule 29 motion on the remaining charges. Case will move forward to the jury on all counts. Jurors will now be brought in for final instructions.
While we wait for the jury, Boyce explains that jury instructions were finalized yesterday. There are 39 instructions and each juror will receive a copy of them along with a verdict form they will each complete.
Lori is writing in a notebook, looking at the jury and looking at the judge. Boyce begins with jury instruction
#4
- the defendant is presumed to be innocent and the state has the burden to prove her guilty.
She is never required to prove her innocence and never has to produce any evidence at all. The state must prove the alleged crime beyond a reasonable doubt.
Rule
#11
- "You have not heard all the evidence in the case. My duty is to instruct you as to the law. You must follow all the rules as I explain them to you. You may not follow some and ignore others. Even if you do not understand or disagree, you must follow them."
Boyce: "The lawyers are not witnesses. What they say is not evidence. If the facts as you remember them differ from what you the lawyers say, go with what you remember."
The jurors have written instructions in front of them and are following along as Boyce reads them. They seemed focused and not distracted. Lori is also following along on her paper copy.