Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcript (Day 5 Part 3) (10/23/26)

Transcript

Tyler Robinson Preliminary Hearing Transcript (Day 5 Part 3) (10/23/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the program. In
• 0:03
  Speaker 1: this episode, we're going to pick up where we left
• 0:04
  Speaker 1: off with day number five of the Tyler Robinson prelim transcript.
• 0:10
  Speaker 1: And we're picking up with the prosecution. Judge, we would
• 0:17
  Speaker 1: like the benefit of the record before we start talking,
• 0:19
  Speaker 1: taking evidence today. Judge Graff, all right, and allow all
• 0:24
  Speaker 1: parties given the ruling of the court briefly. prosecution, and
• 0:28
  Speaker 1: I'll be brief, Judge, and this is in relation to
• 0:31
  Speaker 1: the continued taking of evidence today. And I'll start my statement, Judge,
• 0:34
  Speaker 1: with something that was very insightful that you said the
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  Speaker 1: other day. You mentioned, and I quote, sometimes you need
• 0:40
  Speaker 1: to take time to save time. And so that's my
• 0:42
  Speaker 1: purpose for standing up here this morning. We've spent the
• 0:45
  Speaker 1: better part of a day, a little over five hours,
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  Speaker 1: I believe, hearing from witnesses that the defense is called
• 0:51
  Speaker 1: at this prelim hearing. and no doubt the defense is
• 0:54
  Speaker 1: entitled to call witnesses at a prelim hearing, as allowed
• 0:57
  Speaker 1: by the rules, but I think it's important that the
• 0:59
  Speaker 1: court remind all parties about the purpose of this hearing.
• 1:03
  Speaker 1: This is a probable cause hearing. As Your Honor has
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  Speaker 1: repeatedly stated, the defense has invoked the term reliability many times,
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  Speaker 1: and the court frankly has found the evidence that's been admitted,
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  Speaker 1: the testimony, as a gatekeeper, and it's been presented. The
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  Speaker 1: exhibits have been found reliable, so any evidence question of
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  Speaker 1: additional reliability are really questions of credibility of the witness
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  Speaker 1: and weighing of the evidence. And that is not really
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  Speaker 1: what this court engages in at the probable cause standard,
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  Speaker 1: and so this is all couched in the context of
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  Speaker 1: a likely forthcoming standing objection that the state may lodge.
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  Speaker 1: If the testimony is long and drawn out and exceeds
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  Speaker 1: the scope of the prelim hearing, gets into areas of
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  Speaker 1: 702 hearing, possibly even trial, we will lodge this objection
• 1:47
  Speaker 1: and but I wanted to just simply state the authority, Judge,
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  Speaker 1: behind our objection if we do make that. As your
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  Speaker 1: court is well aware, the magistrate, at this stage of
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  Speaker 1: the case, must view the evidence in the light most
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  Speaker 1: favorable to the prosecution, and that's cited in a number
• 2:03
  Speaker 1: of Utah cases to include State v. Schmidt. Schmidt continues,
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  Speaker 1: this means that when reasonable inferences from the evidence cut
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  Speaker 1: both for and against the state's case, the magistrate lacks
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  Speaker 1: the discretion to choose between them and must leave such
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  Speaker 1: determination to the fact finder at trial. A few other
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  Speaker 1: cases I would like to refer the court to. State v. Pledger,
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  Speaker 1: which is a Utah 1995 Supreme Court case. Speaking of
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  Speaker 1: this standard, the court says, the standard bars the magistrate
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  Speaker 1: from requiring the prosecution to address or even eliminate alternative
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  Speaker 1: inferences that could be drawn from the evidence in favor
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  Speaker 1: of the defense. So even assuming the defense scores points today,
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  Speaker 1: In calling these witnesses, again, the court cannot really weigh
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  Speaker 1: those in favor of the defense. State v. Hester, which
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  Speaker 1: is the Utah Court of Appeals case, 2000, where there
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  Speaker 1: is conflicting evidence, quote, the magistrate may not sift or
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  Speaker 1: weigh the evidence, but must leave those tasks to the
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  Speaker 1: fact finder of trial. Of course, we're not at trial yet.
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  Speaker 1: State vs. Virgin, a Utah 2006 Supreme Court case indicates
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  Speaker 1: that a magistrate may only disregard at a prelim hearing
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  Speaker 1: if it's, quote, so contradictory, inconsistent, or unbelievable that it's
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  Speaker 1: unreasonable to base belief of an element of the prosecution's
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  Speaker 1: claim on that evidence. There's a State vs. Drozbecki case,
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  Speaker 1: which is a Utah Court of Appeals case, 2010. Magistrates
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  Speaker 1: may only disregard or discredit evidence that is wholly lacking
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  Speaker 1: in and incapable of creating a reasonable inference regarding a
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  Speaker 1: portion of the prosecution's claim, but must leave all the
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  Speaker 1: wane of credible but conflicting evidence to the trier of fact.
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  Speaker 1: And finally, State v. Lopez, a Utah 2020 Supreme Court case.
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  Speaker 1: Speaking of this probable cause standard, at a prelim hearing,
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  Speaker 1: the court said, under this low bar, it may be
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  Speaker 1: difficult for defense to overcome a prima facie showing of
• 4:02
  Speaker 1: probable cause. Even an alleged victim's recantation may sometimes be insufficient,
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  Speaker 1: given that the magistrate must view all the evidence in
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  Speaker 1: light most favorable to the prosecution, and draw all reasonable
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  Speaker 1: inferences in favor of the prosecution. Judge, Your Honor, has
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  Speaker 1: heard four days of testimony now. The evidence is overwhelming.
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  Speaker 1: It's devastating. And the question needs to be asked the
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  Speaker 1: purpose of continuing with testimony if it's long and drawn out.
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  Speaker 1: Of course, the defense has the right to call witnesses,
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  Speaker 1: but it needs to be within the context of of
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  Speaker 1: this prelim hearing. So again, we may be lodging a
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  Speaker 1: standing objection of relevance exceeding the scope of the hearing.
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  Speaker 1: That's my record. Judge Graff, thank you. Do either party,
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  Speaker 1: other parties wish to be heard as it relates to
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  Speaker 1: the prosecution statement to the defense? The defense? I'm not
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  Speaker 1: sure what's being requested by the prosecution. As I indicated
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  Speaker 1: to the court during the testimony of the last witness,
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  Speaker 1: we had discussions with the state prior to the start.
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  Speaker 1: We had a scheduled date for the court to rule
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  Speaker 1: on objections, and the purpose of that hearing was so
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  Speaker 1: that we wouldn't have to fly witnesses out from the
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  Speaker 1: East Coast if there was going to be a standing objection.
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  Speaker 1: Prior to the hearing taking place, the state contacted us
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  Speaker 1: after they had participated in interviews with Ms. Oliver and
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  Speaker 1: other experts and indicated to us and we indicated to
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  Speaker 1: the court that there was going to be no standing
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  Speaker 1: objection to the testimony of these witnesses. So if he's
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  Speaker 1: lodging a standing objection now, I think he's waived it
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  Speaker 1: or he should have stopped from asserting it given the circumstances.
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  Speaker 1: I didn't hear that, that he was asserting that. And
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  Speaker 1: I intend to keep the next witness focused on the
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  Speaker 1: issue that I think is relevant, which is the state
• 5:47
  Speaker 1: presented DNA reports through a non-expert. They selectively read into
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  Speaker 1: the record a portion of those reports which left an
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  Speaker 1: extremely misleading impression of the significance of that evidence. So
• 6:01
  Speaker 1: I have the author of the report here, and I'm
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  Speaker 1: going to hopefully educate the court on what the limitations
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  Speaker 1: are of the report, and that's it. I hope to
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  Speaker 1: be done with the witness by noon, direct and cross,
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  Speaker 1: and that'll be the end of it. Judge Graff, all right,
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  Speaker 1: thank you. And before I have you call the witness,
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  Speaker 1: I just want to make sure that the media, well,
• 6:18
  Speaker 1: I'm not sure the media needs to be heard. Judge,
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  Speaker 1: all right, thank you. All right, defense, you may call
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  Speaker 1: your next witness. Defense, thank you. We call Ms. Oliver.
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  Speaker 1: Judge Graff, Miss Oliver, if you'd like to come forward
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  Speaker 1: and be sworn in. Do you solemnly swear that the
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  Speaker 1: testimony you shall give in the case now pending before
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  Speaker 1: the court will be the truth, the whole truth, and
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  Speaker 1: nothing but the truth, so help you God? She agrees.
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  Speaker 1: Questioning begins. Defense, thank you. Could you tell us your name? Answer,
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  Speaker 1: Caitlin Oliver, O-L-I-V-E-R. Question, and Ms. Oliver, could you bring
• 7:00
  Speaker 1: the mic a little closer? I want to make sure
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  Speaker 1: your voice is projected. Thank you. What do you do
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  Speaker 1: for a living? Answer, I work at the Bureau of Alcohol, Tobacco, Firearms,
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  Speaker 1: and Explosives as a DNA section chief. Question, and how
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  Speaker 1: long have you held that position? Answer, I've been a
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  Speaker 1: section chief since January, and I've worked with the ATF
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  Speaker 1: for about nine years. Prior to that, I was a
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  Speaker 1: forensic biologist. Question, And where were you a forensic biologist
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  Speaker 1: before you started working for the ATF? Answer. Prior to
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  Speaker 1: the ATF, I worked for Jefferson Parish Sheriff's Office in
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  Speaker 1: New Orleans, Louisiana, as a DNA analyst and a DNA
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  Speaker 1: quality manager. Question. Back in September of 2025, what were
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  Speaker 1: your duties and responsibilities? Answer. I was a forensic biologist. Question.
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  Speaker 1: And do you recall that around September 11th, you received
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  Speaker 1: a request to do some DNA work at the request
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  Speaker 1: of the state of Utah? Answer, yeah. Question, can we
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  Speaker 1: display State Exhibit 30, which is in evidence? For instance,
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  Speaker 1: the next sample down, 1.2, where the state read paragraph D,
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  Speaker 1: admitted paragraph F, you state in F, based on this calculation,
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  Speaker 1: there is evidentiary support for the inclusion of Tyler Robinson, correct?
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  Speaker 1: As a possible contributor. Answer, correct. Question, but to that,
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  Speaker 1: the judge jumps in. Defense, I want to interrupt. I
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  Speaker 1: was made aware of a question about the media as
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  Speaker 1: it reflects this order. So the question was whether audio
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  Speaker 1: could be transmitted, and my ruling covered the video display
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  Speaker 1: of any exhibit. And so I just want to make
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  Speaker 1: sure that the understanding of all parties, that the audio
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  Speaker 1: of your portion discussing evidence, that you understand that that's
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  Speaker 1: going to be captured by the camera and displayed, but
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  Speaker 1: not any exhibits displayed. Is that your understanding? Defense, that
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  Speaker 1: is my understanding of the court's ruling. Prosecution, yes. Judge
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  Speaker 1: Graff into the media. Media, yes, your honor. There might
• 8:57
  Speaker 1: be concern about actual monitors, the council table, and the podium. Judge. Well,
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  Speaker 1: that's why I give my notation at the beginning of
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  Speaker 1: the morning that the parties are responsible to monitor their monitors.
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  Speaker 1: And that's there because they're entitled to view it. But
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  Speaker 1: they're responsible to ensure that the monitors, as the camera's
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  Speaker 1: picking up the courtroom, it's directed not to focus on
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  Speaker 1: the monitors. But inevitable capture may occur. And that's why
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  Speaker 1: that instruction is given. Now we have somebody popping up
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  Speaker 1: on behalf of the victim. Your Honor, Jeff Dyer, on
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  Speaker 1: behalf of the victim, representing. We cannot see the court
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  Speaker 1: from where we are sitting, so I don't know if
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  Speaker 1: there's a way for us to view the monitor. Judge Graff,
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  Speaker 1: I don't understand what you're saying. Dyer, it's not being
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  Speaker 1: published on the monitor to the courts, right? Judge Graff, right,
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  Speaker 1: the order of the court based as the sanctions is
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  Speaker 1: no exhibits will be displayed. in the courtroom entirely? Judge Graff,
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  Speaker 1: as it stands right now, yes, that's correct. He goes again,
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  Speaker 1: but the judge has had enough, and now he asks
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  Speaker 1: him to approach the lectern. Dyer, Your Honor, it's just
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  Speaker 1: hard for the victim's family to be able to follow
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  Speaker 1: the evidence if everyone but the victim's family is able
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  Speaker 1: to view the exhibits here in court. Judge Graff, thank you.
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  Speaker 1: I appreciate your concern. This monitor is not on either.
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  Speaker 1: So it's only the attorneys. The attorneys have a right
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  Speaker 1: to view that exhibit that are being displayed to make
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  Speaker 1: their motions, objections, and to see it. It's the court's
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  Speaker 1: discretion on what's displayed in the courtroom for publication, and
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  Speaker 1: the court issued a sanction given the events of yesterday,
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  Speaker 1: and that's the court's ruling. Dyer, Your Honor, I just
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  Speaker 1: ask the court to consider the victim has the right
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  Speaker 1: to be present, obviously, as a hearing in presence without
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  Speaker 1: being able to see exhibits again, it's our position, is
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  Speaker 1: not meaningful. Judge Graff, thank you. I appreciate your concerns.
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  Speaker 1: All right, let's wrap up right here. And in the
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  Speaker 1: next episode, we're going to pick back up with the
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  Speaker 1: defense questioning Caitlin Oliver. All the information that goes with
• 11:01
  Speaker 1: this episode can be found in the description box.