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SALEM, Idaho -- A neighbor who lives across the street from Chad Daybell is describing what he saw in the months after two children went missing. The remains of those children were discovered on Daybell's property.Family members confirmed the remains recovered by Rexburg police and the FBI belong to Joshua JJ Vallow and Tylee Ryan. JJ would have recently turned 8 years old, and Tylee was 17.Both disappeared at different times from Rexburg, Idaho, last September.Matthew Price said he's lived across the street from Chad Daybell, the entire time Chad and his family have lived in Idaho. He's been following the investigation into the missing children, and the suspicions that centered on his neighbor."We've been very concerned the whole time for JJ and Tylee," Matthew said.He watched out his windows and from his yard as law enforcement spent two days digging in Chad's yard, and searching the property.Matthew recognized the area where investigators brought in a backhoe to dig a deep hole, where it appears they recovered the children's remains.Now that he thinks back, he is remembering some incidents that stand out in that exact spot."We noticed they were having a few bonfires that were kind of out of the ordinary," he explained. "They had a big bonfire last fall, and they had two or three big bonfires this spring."Last fall, no one knew about the disappearance of JJ and Tylee. Matthew described that things seemed okay, aside from the bonfires, but that he did have one weird interaction with Chad.He said Chad and his late wife, Tammy Daybell, came over to his house to buy pumpkins."He was strange, he was different," Matthew described. "He didn't talk a lot, didn't make eye contact with us very much. Normally he would."Matthew said it was very out of character, but he figured Chad was having a bad day. He said Tammy died a week later.Eventually, Matthew learned about the search for JJ and Tylee, and the investigation into Chad Daybell and his new wife Lori Vallow Daybell, JJ and Tylee's mother.After Lori ended up in jail in nearby Madison County, Chad returned to his Salem home. Matt recalled that Chad kept to himself for the last couple of months, barely leaving the house.He said when Chad did leave the house, it was late at night.Tuesday morning at 7 a.m. Matthew was standing outside when he said he saw a convoy of law enforcement coming down the road to serve a search warrant. They surrounded the home, he said, and made all of Chad's adult children leave the house. Chad also left, but Matthew said Chad sat in his car for hours. Then suddenly, Matthew saw Chad try to leave."I saw his car take off down the road headed south towards Rexburg," Matthew said. "Just seconds later, the marked police cars had their lights and sirens, and floored it to go catch him."Now, Matthew's neighbor of several years is in jail, and police have made a devastating discovery right across the street from Matthew's home.Wednesday evening, police turned the home back over to the adult Daybell children. They were seen packing up and moving furniture out of the home, loading it onto a trailer and into truck beds. They quickly left.In all of this, what helps give Matthew peace of mind: "Just knowing there's closure for JJ and Tylee," he said.Next, the community is hoping for justice. 3317

SAN DIEGO (AP) — An animal rights group is asking the U.S. Securities and Exchange Commission to investigate SeaWorld over allegations that it misled investors about injuries during its dolphin shows.People for the Ethical Treatment of Animals said Thursday it had sent a letter to the SEC saying the marine theme park had lied when it said no animals are injured during the shows.The SEC declined comment.The group known as PETA is a shareholder in the company and alleges that SeaWorld trainers have caused injuries when they stand on the dolphins.It says veterinarians have found wounds and scars on dolphins at SeaWorld parks in California, Texas and Florida.SeaWorld said in response that it treats its animals well and has rescued thousands. It calls PETA a radical group. 786

SAN BERNARDINO, Calif. (AP) — A jury on Monday recommended the death penalty for a Southern California man convicted of killing a family of four with a sledgehammer and burying their bodies in shallow desert graves.Jurors in San Bernardino made the recommendation for Charles "Chase" Merritt, 62, in a case that puzzled investigators for years after a couple and their two young sons vanished from their home in 2010. Their bodies were found three years later.Merritt supported his head on his fists and closed his eyes as the verdicts were read. He also spoke briefly to his attorney.He was convicted this month of the murders of his former business associate Joseph McStay, McStay's wife Summer, and their 4- and 3-year-old sons, Gianni and Joseph Jr.Merritt had pleaded not guilty and his lawyers didn't offer witnesses during the penalty phase of his trial, insisting he is innocent.San Bernardino County Superior Court Judge Michael A. Smith set a Sept. 27 hearing to formally sentence Merritt. He thanked the jurors after the verdicts were read, saying he knew the decision was "extremely difficult."Authorities said they believed Merritt killed the family as McStay was cutting him out of his business making and selling custom water fountains. When the family disappeared, there were no signs of forced entry at their San Diego County home and their car was found parked at a strip mall near the Mexico border.For years, no one could figure out what happened to them. In 2013, their bodies were found in shallow graves in the desert after an off-road motorcyclist discovered skeletal remains in the area. Authorities also unearthed a rusty sledgehammer that they said was used to kill the family.Merritt was arrested the following year. Authorities said they traced his cellphone to the area of the desert graves in the days after the family disappeared and to a call seeking to close McStay's online bookkeeping account. Merritt also had referred to McStay in the past tense during an interview with investigators.Authorities concede the case against Merritt largely focused on circumstantial evidence and that questions remain about what happened at the McStay home.During the trial's penalty phase, prosecutor Britt Imes asked jurors to consider any possible motive for the killing of two young boys, whether they could have been witnesses to the murder of their parents or simply victims of callous killings."There is no motive that can be ascribed to the killer of a 4-year-old and a 3-year-old that passes muster," he said.Merritt's attorneys didn't call any witnesses during the penalty phase, instead appealing to any lingering doubts jurors may have had about killings they say their client didn't commit."From the very beginning, this case screamed doubt," defense attorney Raj Maline told jurors. "This case is filled with unanswered questions."California has not executed anyone since 2006. Voters approved a ballot measure to speed up executions in 2016, but Gov. Gavin Newsom this year placed a moratorium on executions while he's in office. 3072

SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877

SAN DIEGO (AP) — A Salvadoran woman seeking asylum in the United States spends her days holed up in her cousin's cramped slum house just across the border in Mexico — too scared to leave after receiving a savage beating from two men three weeks ago while she was strolling home from a convenience store.The assault came after she spent four months in captivity in Mexico, kidnapped into prostitution during her journey toward the U.S.The woman, 31, is among 55,000 migrants who have been returned to Mexico by the Trump administration to wait for their cases to wind through backlogged immigration courts. Her situation offers a glimpse into some of the program's problems.Critics have said the administration's policy denies asylum seekers like the Salvadoran woman fair and humane treatment, forcing them to wait in a country plagued by drug-fueled violence — illustrated this week by the slaughter near the U.S. border of six children and three women . All were U.S. citizens living in Mexico.The Trump administration insists that the program is a safe alternative in collaboration with the government of Mexico, even as the president vows to wage war on drug cartels that are a dominant presence in the dangerous border cities where migrants are forced to wait.The Department of Homeland Security added in a report last week that the program is "an indispensable tool in addressing the ongoing crisis at the southern border and restoring integrity to the immigration system."The woman said in an interview that she fled Santa Ana, El Salvador, on Jan. 31 after days on the run from a police officer who demanded sexual acts.She never said goodbye to her five children — ages 5 to 12 —fearing the officer would discover where they lived. The Associated Press granted her anonymity because she fears for her safety if her identity is revealed.She said she was kidnapped after leaving a Mexican government office on its southern border with Guatemala after inquiring about getting asylum in Mexico.She and others were taken in a minivan to Ciudad Juarez, on Mexico's border with Texas. Captors in a large room argued over who would take possession of the men, women and children gathered there.One wanted to extort money from her family. A second wanted to force her into prostitution and she ended up with him before her escape this summer to the home of a stranger who paid for her bus ticket to her cousin who lives across the border from San Diego.She said she shared her story with U.S. authorities after she walked across the border illegally alone on Sept. 18 where the wall ends in Tijuana, Mexico, and waited for an agent to arrest her. They rejected her pleas that it was too dangerous for her to return to Mexico to wait for a date in U.S. immigration court for a judge to hear her case.Then, on Oct. 14., she said she was punched and whipped with a belt by assailants near her cousin's home in a hillside neighborhood of dirt and concrete roads and empty, half-built homes occupied by drug addicts and squatters.She still had bruises as her case was heard last week in San Diego, when immigration Judge Lee O'Connor made no secret of his disdain for the policy of keeping asylum seekers waiting in Mexico.The scene in the courtroom was chaotic, with the infant child of a Honduran woman whimpering and then bellowing as O'Connor entered."Silence in the courtroom!" he barked. A guard escorted the child and his mother to the hallway.The judge questioned the two attorneys representing asylum seekers about how long it took them to visit clients in Mexico, noting infamously long waits to cross the border."Hours," the judge marveled.But the judge ruled the Salvadoran woman and the Honduran family were ineligible for the program because, in his view, the law governing asylum seekers only allows it for people who present themselves at official border crossings — not for immigrants like her who entered illegally.Customs and Border Protection officials then sent the woman back to Mexico with a notice telling her she had another court date set for Dec. 16, even though her case had been terminated.The woman's lawyer, Siobhan Waldron, accused Customs and Border Protection of making up the Dec. 16 court date to get the woman out of the U.S. and back to Mexico. Waldron said she does not know what will come next for her client.Customs and Border Protection did not provide answers to emailed questions about the woman's case. But Kathryn Mattingly, a spokeswoman for the Justice Department's Executive Office for Immigration Review, confirmed Wednesday that the Salvadoran woman has no future court dates set.For now, the Salvadoran woman sleeps on a foam mattress in a sparsely furnished one-bedroom home of concrete slabs and plywood walls — still scared to leave.She claimed that U.S. authorities told her while she was in custody that efforts to remain in the U.S. were futile."There's nothing you can do," she said she was told by one official. "This is not your country."___Associated Press writer Maria Verza in Mexico City contributed to this report. 5083