CNN has already contacted Vallow’s attorney, Sean Bartholick, but has received no response. Other attempts to reach Bartholick this week have not been successful.
He’s holding a $ 5 million bail, records show.
Court documents released by the Madison County Procuratorate in Idaho on Friday and obtained by CNN affiliate KTVK describe how Joshua was reported missing in November, the initial police efforts to find him, and how the police found out that his older sister was also Tylee was gone.
When detectives from Rexburg, Idaho asked Vallow where his son was in November, he told them that his son would be staying with a friend in Arizona, a probable cause states.
After not being able to contact his friend by phone, the detectives asked Vallow to call her friend herself. Vallow replied that they were in the cinema watching “Frozen 2” and it was unlikely that her friend would answer her cell phone, says the affidavit.
When the police reached his friend over the phone later that day, he told police that Joshua had not been with her and hadn’t been there for several months, the document says.
More than a week later, her friend called the police saying that both Vallow and her husband, Chad Daybell, had asked her to lie to the police about where the baby was, but she refused, the affidavit said.
Nobody has seen or heard of Joshua and Tylee, called J.V. and T.R. in court documents, since September and there is no indication that Vallow has treated them in recent months, affirms the affidavit.
The couple fled Idaho, police say
Vallow and Daybell fled their Rexburg, Idaho, when authorities started looking for children, police said.
On Friday, Vallow appeared in a Kauai state court for an extradition hearing, according to court spokesman Jan Kagehiro. Vallow’s attorneys asked the court to lower his bail to $ 10,000 in the hearing provided to CNN by the affiliates.
The judge kept Vallow’s bail at $ 5 million and ordered that if Vallow sent the bail, he would have to hand over any passport he owned to the Kaua’i Police Department. Daybell, who is not accused, was seated in the courtroom for the duration of the hearing.
Vallow’s extradition hearing was set for Monday March 2.
Dan Hempey, a lawyer representing Vallow in Hawaii, was not met on Friday.
Her brother and husband lied to investigators, affidavit says
After Joshua’s grandmother told the police that she hadn’t heard from him, the detectives went to Vallow’s apartment on November 26 and spoke with his brother and Daybell outside the building, according to the affidavit.
“Chad acted like he didn’t know Lori very well and said he didn’t know his phone number,” says the affidavit.
Vallow’s brother told them the boy was with his grandmother in Louisiana, the affidavit says, but the detectives knew he was in Arizona and that the girl was not with her.
After his brother directed them to an apparently vacant apartment, Daybell moved away but one of the detectives stopped him, the document says.
When asked about Joshua, Daybell said he last saw him in Vallow’s apartment in October and gave the detective his wife’s number, the affidavit says.
Daybell is not facing any charges related to missing children, police said. Madison County Attorney declined to comment on whether Daybell would receive charges in the future.
His lawyer is also Sean Bartholick, who could not be contacted for comment.
The children were last seen weeks before Vallow’s wedding
Vallow moved to Idaho from Arizona only a couple of months before the police started looking for his children.
Joshua attended Kennedy Elementary School for several weeks before his mother told school that he would no longer attend because he was going to his house, the affidavit said.
He went to school for the last time on September 23, police said. The school told police that no other institution has requested the boy’s transcripts.
A babysitter who had been hired online and had seen Joshua told police that she had talked to Vallow on September 24 and told her that the boy had gone to stay with his grandmother and that they would no longer need babysitting, according to ‘affidavit.
Vallow told a friend that Tylee was attending classes at Brigham Young University-Idaho, but was never enrolled there or in any other BYU-affiliated school, the affidavit said.
Tylee’s older brother has told Arizona police not to speak to his sister since August 30, 2019. When he called, Vallow gave him an apology as to why Tylee couldn’t speak to him, the affidavit said.
Vallow, his brother Alex Cox and the two children visited Yellowstone National Park on September 8th. A photo of Tylee at the park entrance is the latest police record of the girl’s whereabouts, according to the affidavit.
Daybell and Vallow married two weeks after the death of Daybell’s previous wife, Tammy Daybell, on October 19. The couple married in Kauai on November 5, but it’s unclear if the children were with them.
The children don’t appear in the wedding photos, police said.
Interviewed by investigators, some of Daybell’s relatives claimed to have the impression that Vallow was an “empty worm” or that he did not have young children, according to the affidavit.
Vallow kept the birth certificates of the children
The couple returned to Hawaii in December, but police flight records suggest that the children were not with Vallow, the affidavit said.
They flew from Los Angeles to Kauai on December 1st and have remained there ever since. They were not seen with children in Hawaii, police said.
Last month, Kauai police found birth certificates for the two missing children, a bank card for Tylee that has been used since the last known sighting, a Joshua-owned iPad and the boy’s school registration receipts when they served a mandate on Vallow and Daybell, the affidavit said.
When the police searched a condominium where the couple lived, they found nothing to indicate that a child lives there, the affidavit said.
CNN’s Jaide Timm-Garcia and Sara Finch contributed to this report.