The weeklong preliminary hearing for the man charged with killing conservative activist Charlie Kirk ended for the day Wednesday following arguments by prosecutors and defense attorneys over what videotaped interviews, texts and other messages should or should not be admitted in court.
Defense attorneys have also used portions of the weeklong hearing to question the reliability of DNA testing that prosecutors say links the defendant to the suspected
murder weapon.
Prosecutors are seeking 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 weeklong 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, and 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:
A lawyer for Charlie Kirk’s family says they want video footage and other evidence to be made public in the criminal case against the man charged with aggravated murder in the conservative activist’s death.
Kirk family lawyer Jeffrey Neiman spoke Wednesday during a preliminary hearing for defendant Tyler Robinson. Neiman said that “to not be open and let the world see what happened will create doubt and distrust in the judicial system.”
A defense lawyer sought in a preliminary hearing to prevent the publication in open court of an interview with defendant Tyler Robinson’s roommate and romantic partner, Lance Twiggs. Robinson’s lawyer said prosecutors would attempt to portray Twigg’s statements as a confession by Robinson, hurting the defendant’s right to a fair trial.
This week’s hearing will determine if defendant Robinson should proceed to trial.
State District Judge Tony Graf ended the preliminary hearing for the day late Wednesday with plans to continue the following day.
He said the proceeding would resume Thursday morning.
Defense attorney Richard Novak says allowing the video of Lance Twiggs’ interview to be shown publicly will violate Robinson’s right to a fair trial, in part because prosecutors will characterize the video as a “confession,” based on what Twiggs claims Robinson told him.
The same is true of text messages, discord chats or other communications that the prosecutors say Robinson made, Novak says.
The defense team does not characterize those as confessions, but as communications by an individual, according to Novak.
The judge has not yet said whether the video of Robinson’s roommate or other pieces of evidence will be published — or shown — in court.
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Correction: This post has been updated to correct that Novak was referring to the roommate’s video and other communications allegedly made by Robinson.
The livestream of the courtroom hearing in the case of Charlie Kirk’s killing shows defendant Tyler Robinson from behind, making it hard to see his face unless he turns.
A decorum order issued by Judge Tony Graf requires a photographer and a videographer with the media pool to get images only when court is in session and Robinson is seated with his defense attorneys.
Cameras were at the front of the courtroom when the case began. But Graf moved them toward the back of the court following defense complaints that close-up shots could reveal what Robinson and his lawyers were saying.
Those close-ups led to a story in one outlet that was based on a purported lip-reading analysis of Robinson’s conversations with his attorneys.
Robinson’s attorneys pushed unsuccessfully to ban cameras altogether. They argue that coverage of the trial is biasing potential jurors.
Defense attorney Robert Novak has taken issue with the prosecution’s characterization of his opposition to the videotaped interview with Tyler Robinson's roommate as a last-minute “surprise.”
“There’s no surprise here,” Novak said of the interview conducted with Lance Twiggs, Robinson's romantic partner. “There’s been all of Monday, all of Tuesday evening, this morning,” Novak said,
He added that the defense team created a 20-page transcript of the interview and a proposed redacted transcript of just the admissible portions it thought could be highlighted for the court.
Novak said Deputy Utah County Attorney Ryan McBride conducted the interview with Twiggs in a very leading manner and such leading questions would never be allowed in a court setting.
Novak also said portions of the video weren’t relevant and that allowing the video to be seen by the public would damage Robinson’s right to a fair trial.
David Reymann, an attorney representing the news media, urged Graf to allow the video to be seen by the public if it is admitted, saying there are ways to ensure fair trials even with extensive media coverage.
The judge called a recess afterward to review the issues presented.
State Bureau of Investigation Agent Brian Davis said at Wednesday's preliminary hearing that Lance Twiggs was given “use immunity” for Twiggs’ statements, meaning a prosecutor has agreed not to use those statements against someone in a criminal case.
Twiggs’ April 20 interview was conducted and recorded in lieu of bringing the roommate to the preliminary hearing as a witness, Davis told the court.
Deputy Utah County Attorney Lauren Hunt said she expects the defense team to object to the introduction of the videotaped statements in court, explaining to the judge why she thought the evidence should be allowed.
Hunt also said the defense team proposed multiple redactions at the last minute. But she said redacting a video is complicated and that the defense team should have requested redactions sooner if it had wanted them.
Tyler Robinson’s roommate Lance Twiggs was interviewed twice as part of the investigation, State Bureau of Investigation Agent Brian Davis said Wednesday.
Two FBI agents were on hand for the first interview on Sept. 12, Davis told the judge. The second interview with Twiggs — Robinson's romantic partner — was April 20, Davis said, and he was one of several law enforcement agents and prosecutors present.
Deputy Utah County Attorney Lauren Hunt appeared to be laying a foundation Wednesday seeking to get a recording of Twiggs’ statements introduced as evidence.
State Bureau of Investigation Agent Brian Davis narrated a video clip from the Washington County Sheriff’s Office, where Tyler Robinson turned himself in the day after Charlie Kirk's shooting.
Davis said at a preliminary court hearing Wednesday that the video clip shows Robinson standing in a room at the sheriff’s office. Robinson is wearing a T-shirt and a baseball cap.
Davis told Deputy Utah County Attorney Lauren Hunt that after Robinson and his parents were interviewed, Robinson was placed under arrest.
Davis said he interviewed Robinson’s mother, and that other law enforcement officers interviewed Robinson and Robinson’s father. A family friend who came in with the Robinsons also was interviewed, Davis said in testimony.
The clip was one of several presented over days of hearing testimony to decide if the case should proceed to a trial.
State District Judge Tony Graf reminded attorneys on both sides that the hearing is scheduled to end Friday. And he asked them to give the court a "road map" of their plans for the rest of the proceeding.
Deputy Utah County Attorney Chad Grunander said his office will call Utah State Bureau of Investigation Agent Brian Davis to testify Wednesday. If time allows, he said, they may also bring Utah Department of Public Safety Sergeant Jennifer Faumuina back to the stand Wednesday afternoon.
Grunander says Faumuina’s testimony will likely extend into Thursday, and then the prosecution’s presentation will be concluded.
The defense team said it plans to call two remaining witnesses, both from the Bureau of Alcohol, Tobacco and Firearms.
Forensics expert Lawrence Quarino said law enforcement agencies use “extremely reliable” tests to determine the probability a person matches with DNA found at a crime scene.
Quarino, a professor and director of the forensic science program at Cedar Crest College in Pennsylvania, called DNA testing “the gold standard” of forensic science.
A lawyer for Tyler Robinson on Tuesday questioned the reliability of DNA tests authorities said have linked him to the suspected murder weapon – a rifle found wrapped in a towel after Charlie Kirk was shot.
There are ways to challenge DNA evidence, Quarino noted. He said a defense attorney, for instance, could claim DNA material was transferred to a location by an intermediary who shook the hand of a suspect. But he said government labs that analyze DNA have strict quality controls and their science is sound.
Charlie Kirk’s parents arrived at the courthouse for the resumption of the preliminary hearing Wednesday.
Robert and Kathryn Kirk have attended every day of the preliminary hearing so far. Sometimes, however, they have left the courtroom to avoid hearing details about their son’s death.
A short while later, Tyler Robinson’s parents arrived at the courthouse. Matt and Amber Robinson have attended every day of the hearing so far, usually seated a row or two away from the Kirk family in the courtroom gallery.
Sydney Young came from Alpine, Utah, to the courthouse with a handmade sign decorated with hearts and the words, “Prayers 4 the Kirks.” She also held a silver star-shaped balloon.
Young, who’s been watching the preliminary hearing off and on via livestream, said she wanted to show support for Kirk’s widow, Erika.
“I recently just lost my father, right after Kirk. He died of a heart attack, and I know from personal experience how horrible it is,” she said, fighting back tears.
Young said her message to Erika Kirk is this: “Erika, I’m so sorry for your loss, and I hope you know this action doesn’t represent all of Utah.”
A law officer told Young signs weren’t allowed on courthouse property, so she moved across the street.
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.
