Latest / The Vault: The Epstein Files / Tyler Robinson Challenges Graphic Video Ahead of Disqualification Hearing (8/6/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome back to the program. In
- 0:03Speaker 1: this episode, we're going to dive into another court document
- 0:06Speaker 1: in the matter of the State of Utah versus Tyler
- 0:09Speaker 1: James Robinson, and this time we're taking a look at
- 0:13Speaker 1: the notice of objection by Tyler Robinson to the State
- 0:17Speaker 1: of Utah proposed Exhibit four dot one, Memorandum of Points
- 0:21Speaker 1: and Authorities, Case number two five one, four zero three,
- 0:25Speaker 1: five seven six. Defendant Tyler James Robinson, by and through
- 0:29Speaker 1: his Council of Record, hereby provides this Honorable Court and
- 0:32Speaker 1: the State of Utah, through its Council of Record, with
- 0:35Speaker 1: notice of his objection to admission into evidence and publication
- 0:39Speaker 1: of the states proposed Exhibit four dot one during after
- 0:43Speaker 1: or in connection with the evidentiary hearing on his motion
- 0:46Speaker 1: to disqualify the Utah County Attorney's Office from representing the
- 0:50Speaker 1: State of Utah in this matter. The objection is based
- 0:53Speaker 1: upon rules four one, four oh two, and four oh
- 0:56Speaker 1: three and the Utah Rules of Evidence, as well as
- 0:59Speaker 1: mister robinson right to a fair trial under Article I,
- 1:03Speaker 1: Section twelve of the Utah Constitution and the sixth Amendment
- 1:06Speaker 1: of the United States Constitution, as set fourth in the
- 1:10Speaker 1: attached memorandum of points and authorities introduction. As the Supreme
- 1:17Speaker 1: Court of Utah explained in State versus James, this is
- 1:20Speaker 1: a capital case. Not only will a jury be required
- 1:23Speaker 1: to determine the guilt or innocence of defendant, but if
- 1:26Speaker 1: guilt is found, the jury will probably be urged by
- 1:29Speaker 1: the prosecution to impose the death penalty. In deciding whether
- 1:33Speaker 1: to impose the death penalty, the jury must weigh aggravating
- 1:37Speaker 1: circumstances against mitigating circumstances. This is the most momentous judgment
- 1:43Speaker 1: a jury can be asked to make. The judgment should
- 1:46Speaker 1: be made in an atmosphere as free from any taint,
- 1:49Speaker 1: a bias, or prejudice as reasonably possible. Here, the impact
- 1:54Speaker 1: of the alleged crime reached deeply into the community. Residents
- 1:58Speaker 1: were exposed to media information on almost a daily basis,
- 2:03Speaker 1: as the highly biased traditional local and national media and
- 2:07Speaker 1: international social media coverage of this case demonstrates, every in
- 2:11Speaker 1: court statement by attorneys representing the state, whether under oath
- 2:15Speaker 1: or not, every statement by counsel from mister Robinson, and
- 2:19Speaker 1: every observation and ruling by the court are under a
- 2:22Speaker 1: microscope and subject to microsurgery by journalists, bloggers, media experts
- 2:28Speaker 1: and others to make matters worse. Those media entities which
- 2:32Speaker 1: now purport to refer to themselves as litigants in this prosecution,
- 2:36Speaker 1: in complete disregard of the Court's admonition to the contrary,
- 2:40Speaker 1: seek to ensure that every single pleading filed in and
- 2:43Speaker 1: statement to this Court is available for widespread public dissemination,
- 2:48Speaker 1: long before neutral, untainted and reliably unbiased jury is ever impaneled,
- 2:53Speaker 1: undoubtedly undermining the ability of the Court and the two
- 2:56Speaker 1: litigants to do so. As the last two hearings demi
- 3:00Speaker 1: and straight repeated violations of this Court's decorum order, which
- 3:04Speaker 1: not coincidentally arise from improper prohibited telescopic views of mister
- 3:09Speaker 1: Robinson in his council conferring at council table and result
- 3:13Speaker 1: in absurd but widely published opinions from putative lip readers
- 3:17Speaker 1: and others who seek fame and future from interpreting facial
- 3:21Speaker 1: expressions or lack thereof, are brushed off by the medias
- 3:25Speaker 1: in court representatives as unintentional mistakes that will not be
- 3:29Speaker 1: repeated again. This is alas the context in which the
- 3:33Speaker 1: present hearing and the present objection must be viewed pending
- 3:37Speaker 1: before this Court. Is mister Robinson's wholly proper and timely
- 3:40Speaker 1: brought motion to disqualify the Utah County's Attorney's Office because
- 3:44Speaker 1: of a conflict of interest arising from the family member
- 3:47Speaker 1: of a member of the prosecution team personally witnessing the
- 3:51Speaker 1: events at Utah Valley University on September tenth, twenty twenty five.
- 3:57Speaker 1: Mister Robinson objects here to the admission into evidence in
- 4:00Speaker 1: connection with this motion of the state's proposed exhibit fourt one,
- 4:04Speaker 1: a close up color video with audio of the shooting
- 4:08Speaker 1: of mister Kirk. This proposed exhibit is clearly inadmissible if admitted,
- 4:13Speaker 1: which would be in contravention to the Utah Rules of Evidence.
- 4:17Speaker 1: It should remain sealed until it's admitted into evidence if
- 4:20Speaker 1: it is at trial. Mister Robinson objects to its admission
- 4:24Speaker 1: into evidence on the basis that it's not admissible within
- 4:27Speaker 1: the meaning of Rule four one and four oh two
- 4:30Speaker 1: of the Utah Rules of Evidence. Rule four oh one
- 4:33Speaker 1: provides that evidence is relevant if a it has any
- 4:37Speaker 1: tendency to make effect more or less probable than it
- 4:40Speaker 1: would be without the evidence, and b the fact of
- 4:43Speaker 1: the consequence in determining the action. Utah rules for evidence
- 4:47Speaker 1: four one. Rule four O two provides that irrelevant evidence
- 4:51Speaker 1: is not admissible. Mister Robinson also objects to its admission
- 4:56Speaker 1: under rule four oh three if the Court intends to
- 4:58Speaker 1: permit the State to pu publish this exhibit in open court,
- 5:02Speaker 1: or if the Court intends to provide the public with
- 5:04Speaker 1: access to this exhibit before it's admitted into evidence at trial,
- 5:08Speaker 1: if it ever is. Rule four O three provides that
- 5:11Speaker 1: the Court may exclude relevant evidence if its probitive value
- 5:14Speaker 1: is substantially outweighed by the danger of one or more
- 5:17Speaker 1: of the following unfair prejudice, confusing the issues, misleading the jury,
- 5:22Speaker 1: undue delay, wasting time, or needlessly presenting extra evidence Utah
- 5:28Speaker 1: are evidence four three. Here, of course, the deep concern
- 5:32Speaker 1: is with the leading grounds for excluding evidence that is
- 5:34Speaker 1: of limited probitive value, unfair prejudice, and confusing the issues.
- 5:40Speaker 1: Mister Robinson's objection under rule four three is inextricably intertwined
- 5:44Speaker 1: with and therefore also based upon, his right to a
- 5:47Speaker 1: fair trial under the Utah and United States constitutions. In
- 5:52Speaker 1: State versus Archiletta, the Supreme Court of Utah held that
- 5:55Speaker 1: a trial court is well within its authority to deny
- 5:58Speaker 1: access to public documents and exhibits received into evidence in
- 6:02Speaker 1: a prelim hearing or ruling based in part on defendant's
- 6:05Speaker 1: constitutional right to a fair trial. Providing public access to
- 6:09Speaker 1: the exhibits requested would not serve the administration of justice, and,
- 6:14Speaker 1: as the trial court concluded, could very well jeopardize defendant's
- 6:17Speaker 1: right to a fair trial. Exhibit four dot one. Prior
- 6:22Speaker 1: to the hearing on January sixteenth, twenty twenty six, the
- 6:25Speaker 1: state produced Exhibit four dot one to the defense, presumably
- 6:29Speaker 1: in anticipation of introducing it in support of its opposition
- 6:33Speaker 1: to mister Robinson's motion to disqualify the Utah County's Attorney's office.
- 6:38Speaker 1: The defense anticipates that the state intends to attempt to
- 6:41Speaker 1: move for dot one into evidence at the hearing currently
- 6:44Speaker 1: scheduled for February third, twenty twenty six. Exhibit four dot
- 6:48Speaker 1: one is a video clip of the shooting of mister
- 6:51Speaker 1: Charlie Kirk. The video is in color and from a
- 6:54Speaker 1: distance of only a few feet away from mister Kirk.
- 6:58Speaker 1: There's audio contained within the video clip capturing sounds including
- 7:02Speaker 1: unidentified voices immediately before, during, and after the shooting. Exhibit
- 7:08Speaker 1: four dot one is of no probitive value to any
- 7:12Speaker 1: material issue surrounding the motion to disqualify. The motion at
- 7:16Speaker 1: issue here is not focused on the cause of mister
- 7:19Speaker 1: Kirk's death, but on the propriety of the Utah County
- 7:22Speaker 1: Attorney's Office representing the state in the prosecution. The two
- 7:27Speaker 1: questions before the court is whether a legal conflict of
- 7:30Speaker 1: interest or an appearance of the same exists in the
- 7:33Speaker 1: case sufficient to disqualify one of the members of the
- 7:37Speaker 1: prosecution team, and if the conflict of interests likewise disqualifies
- 7:41Speaker 1: the Utah County Attorney's office. Nothing about the motion or
- 7:45Speaker 1: the state's opposition necessitates the viewing of the moments just
- 7:48Speaker 1: before or the moment of mister Kirk's death and the
- 7:51Speaker 1: captured audio in order to reach a legal conclusion about
- 7:54Speaker 1: the existence of the actual or apparent and unwaivable conflict
- 7:58Speaker 1: of interest. The video of mister Kirk's death has no
- 8:02Speaker 1: tendency to make any fact relating to the motion to
- 8:04Speaker 1: disqualify more or less probable than it would be without
- 8:08Speaker 1: the introduction of the video. The state is submitted still
- 8:11Speaker 1: photos and biagrams, none of which mister Robinson objects to,
- 8:15Speaker 1: showing mister Kirk's location and proximity to the audience, and
- 8:20Speaker 1: the believe location of the family member of a member
- 8:22Speaker 1: of the prosecution team, which are wholly sufficient to impart
- 8:26Speaker 1: the relevant information that the State belief should be considered
- 8:29Speaker 1: by this Court pursuing a rule four one and four
- 8:33Speaker 1: two of the Utah Rules of Evidence, Exhibit four point
- 8:36Speaker 1: one is not relevant and should not be admitted into
- 8:39Speaker 1: evidence in connection with this motion. Any alleged probitive value
- 8:44Speaker 1: is substantially outweighed by a danger of unfair prejudice and
- 8:48Speaker 1: negatively impacts mister Robinson's right to a fair trial. While
- 8:52Speaker 1: mister Robinson had lodged with this Court a separate motion
- 8:55Speaker 1: to prohibit videography, still camera images, and audio broadcasting of
- 8:59Speaker 1: the court proceedings in the case, the Court is not
- 9:02Speaker 1: yet ruled on the motion. Assuming that the hearing schedule
- 9:05Speaker 1: for February third, twenty twenty six will be televised, any
- 9:10Speaker 1: video exhibit played at the hearing would be subject to
- 9:13Speaker 1: immediate publication nationwide and internationally. Apps in a proactive decision
- 9:18Speaker 1: by the Court to steal the exhibit, which is well
- 9:21Speaker 1: within its authority, as explained by the Supreme Court of
- 9:24Speaker 1: Utah in State versus Archiletta A. Fifty seven p Dot
- 9:27Speaker 1: two d At three twenty nine, providing public access to
- 9:30Speaker 1: the exhibits requested would not serve the administration of justice, and,
- 9:34Speaker 1: as the trial court included, could very well jeopardize defendant's
- 9:38Speaker 1: right to a fair trial IDEA two forty two. Exhibit
- 9:42Speaker 1: four point one is graphic and likely highly disturbing to
- 9:45Speaker 1: any person who've views it, negatively impacting mister Robinson's constitutional
- 9:50Speaker 1: right to a fair trial. Exhibit four point one is
- 9:53Speaker 1: also needlessly cumulative in light of other stole photos and
- 9:57Speaker 1: diagrams included in the state's propose exhibits. The prejudice certain
- 10:02Speaker 1: to follow the public dissemination of Exhibit four point one
- 10:06Speaker 1: substantially outweighs any possible probitive value the state may assert
- 10:10Speaker 1: it possesses. Therefore, pursuing to Rule four oh three of
- 10:13Speaker 1: the Utah Rules of Evidence and mister Robinson's right to
- 10:17Speaker 1: a fair trial under the Utah Constitution and the US Constitution,
- 10:21Speaker 1: Exhibit four dot one should not be admitted into evidence
- 10:25Speaker 1: should not be publicly displayed and if admitted into evidence,
- 10:29Speaker 1: must remain under seal. Conclusion, Exhibit four point one has
- 10:34Speaker 1: no proper role in the instant hearing. It should be excluded,
- 10:37Speaker 1: should not be publicly presented, and should remain under seal
- 10:41Speaker 1: if the Court concludes otherwise. Respectfully submitted the twenty seventh
- 10:45Speaker 1: of January twenty twenty six, and this was signed by
- 10:49Speaker 1: Katherine Nester, Richard Novak, Michael Burt, and Stacy Visser. All
- 10:54Speaker 1: the information that goes with this episode can be found
- 10:57Speaker 1: in the description box