The preliminary hearing for the man charged with killing conservative activist Charlie Kirk is set to resume Wednesday afternoon, with defense attorneys expected to keep questioning the reliability of DNA testing that prosecutors say links the defendant to the suspected murder weapon.
Prosecutors are trying to convince state District Judge Tony Graf that they have enough evidence to bring Tyler Robinson to trial on an aggravated murder charge. After
the hearing concludes, Graf must determine if the case should proceed, which experts say is likely.
Robinson, 23, is charged with aggravated murder in Kirk’s Sept. 10 assassination on the Utah Valley University campus, for which prosecutors are seeking the death penalty.
Robinson has not yet entered a plea. His attorneys have not commented on his guilt or innocence. They have, however, sought to get the death penalty taken off the table, so far unsuccessfully.
Here's the latest:
Defense attorney Richard Novak sought to block prosecutors from introducing a statement describing the traditional Christian values of Turning Point USA.
“This doesn’t say anything about Mr. Robinson’s state of mind,” Novak said about Turning Point USA board member David Engelhardt's statement. “I don’t think that this court should be deciding — based on the record before it — where, if at all, politics and religion intersect.”
The judge ruled that the Turning Point statement was relevant and would be “provisionally admitted,” with a final decision at a later date.
FBI analyst Amanda Bakker said after Robinson’s roommate provided a DNA sample for comparison, she was able to rerun her tests and attribute all of the DNA to two people.
Investigators found the towel and suspected murder weapon — a bolt-action rifle with one spent round — in a wooded area near where Kirk was shot.
DNA on the towel matched to two people, Jennifer Faumuina with the State Bureau of Investigation testified. One was Robinson’s roommate, Lance Twiggs, and the other was very likely Robinson, she said.
It’s a theme that’s likely to come up again during the weeklong preliminary hearing.
“She can’t match Mr. Robinson to the questioned samples,” Burt concluded.
Deputy Utah County Attorney Ryan McBride countered that the reliability of the DNA testing could be examined if the case goes to trial. He suggested the preliminary hearing was not the time to take up the matter.
“The point is there are explanations that are susceptible to different interpretations and arguments,” McBride said. “The court is going to determine if it meets the threshold of reliability at trial.”
Lawyers for the man accused of killing conservative activist Charlie Kirk are expected to keep questioning the reliability of DNA testing that prosecutors said links the defendant to the suspected murder weapon when a weeklong hearing continues Wednesday.
A member of Tyler Robinson’s defense team interrogated a DNA analyst from the FBI on Tuesday about the techniques she used to connect Robinson to a rifle found wrapped inside a towel at Utah Valley University, where Kirk was shot in September while speaking to a crowd.
Defense lawyer Michael Burt cast doubt on the analyst’s conclusions — a theme that’s likely to come up again.
