Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcript (Day 4 Part 11) (10/14/26)

Transcript

Tyler Robinson Preliminary Hearing Transcript (Day 4 Part 11) (10/14/26) · 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 diving right back in to day number
• 0:05
  Speaker 1: four of the transcript from the Tyler Robinson prelim hearing.
• 0:10
  Speaker 1: And we're picking up with the prosecution questioning agent or
• 0:14
  Speaker 1: Sergeant Fomina. Question. All right. You've mentioned that you sent
• 0:18
  Speaker 1: several items to the ATF and the FBI for testing.
• 0:21
  Speaker 1: And did you receive reports back from both of those
• 0:23
  Speaker 1: entities with results of their testing? Answer, yes, I did. Question,
• 0:28
  Speaker 1: I'd like to show you on the witness screen only
• 0:30
  Speaker 1: right now or counsel screen exhibit 30. Judge Graff, all right.
• 0:34
  Speaker 1: And while you're doing that, Mr. McBride. And also, could
• 0:37
  Speaker 1: we go ahead and take down state exhibit 35? I
• 0:40
  Speaker 1: know it's just in the background, but just to be
• 0:42
  Speaker 1: consistent on displaying of exhibits. So they take it down.
• 0:47
  Speaker 1: Back to the questioning. Question, plaintiff exhibit 30. Do you
• 0:51
  Speaker 1: know what this is? Answer, yeah. That's the ATF report
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  Speaker 1: that I received regarding the DNA testing on the gun
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  Speaker 1: and cartridge and cartridge casings. Oh, sorry, correction, cartridge case
• 1:02
  Speaker 1: and cartridges. Question, thank you. And is this in the
• 1:06
  Speaker 1: same condition as it was when you received it? Answer, yes. Question,
• 1:10
  Speaker 1: Your Honor. I'd move to the admission of Exhibit 30.
• 1:14
  Speaker 1: Judge Graff, defense. Defense, no further objections, Your Honor. Judge Graff,
• 1:19
  Speaker 1: all right. I note the standing objections. And as to publication... Prosecution,
• 1:24
  Speaker 1: yes your honor, this exhibit deals with DNA testing on
• 1:27
  Speaker 1: the rifle and the cartridges. We would move to have
• 1:30
  Speaker 1: it published at all three levels. Judge Graff, alright, so,
• 1:34
  Speaker 1: noting the standing objection by defense, I'm going to overrule
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  Speaker 1: that objection pursuant to Utah Rule of Evidence 1102. State Exhibit,
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  Speaker 1: and this is 30. Prosecution, 30. Judge Graff, State Exhibit
• 1:46
  Speaker 1: 30 is admitted into evidence and may be published on
• 1:50
  Speaker 1: screen in the courtroom and for the media camera. Prosecution.
• 1:54
  Speaker 1: I want to ask you a little bit about the
• 1:55
  Speaker 1: format because it may be helpful to understand here. But
• 1:58
  Speaker 1: on page 1 under the exhibits, we have here a
• 2:01
  Speaker 1: list of items that were sent in for testing and comparison.
• 2:04
  Speaker 1: Is that right? Answer, yes. Question. And throughout the report,
• 2:08
  Speaker 1: the report refers to the items compared by the lab number.
• 2:11
  Speaker 1: Is that right? Answer, yes. Question. So if we can
• 2:15
  Speaker 1: scroll down to just the bottom of the first page,
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  Speaker 1: and here in the DNA analysis section again, we see
• 2:20
  Speaker 1: that the report or the author refers to the item
• 2:23
  Speaker 1: By their exhibit number, right? Answer, yes. Question, okay. And
• 2:27
  Speaker 1: if we can go to page two. And same question here.
• 2:30
  Speaker 1: The exhibit number on the left. If we want to
• 2:32
  Speaker 1: know what exhibit number that is, we have to refer
• 2:35
  Speaker 1: back to page one for the description, right? Answer, yes. Question, okay.
• 2:39
  Speaker 1: And let's keep going to page three. And if we
• 2:42
  Speaker 1: can just scroll through page three, four, and land on
• 2:44
  Speaker 1: page five. Actually, pause right there if you will. This
• 2:48
  Speaker 1: is page four. There is a description section here as well.
• 2:51
  Speaker 1: And that description talks about where the swabbing that's used
• 2:55
  Speaker 1: to compare. What was swabbed for the comparison? Is that right? Answer, yes. Question, okay.
• 3:00
  Speaker 1: Let's go to page five. So as we look at
• 3:02
  Speaker 1: the first paragraph here under statistical analysis, let's see if
• 3:06
  Speaker 1: you have noted or notated or no. Exhibit 1.1 and 1.4.
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  Speaker 1: Do you know what that's referring to? Answer, yeah. They're
• 3:15
  Speaker 1: referring to 1.1 is swabs of the stock and grip
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  Speaker 1: of the rifle. And then 1.4 is swabs of the
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  Speaker 1: bolt of the rifle with possible ridge detail and or smudging. Question, okay,
• 3:26
  Speaker 1: will you read paragraph D? Answer, yeah. The DNA profiles
• 3:31
  Speaker 1: are at least 1 trillion times more likely if they
• 3:33
  Speaker 1: originated from Tyler Robinson. Exhibit 7.1 as a contributor to
• 3:38
  Speaker 1: the major component and three unrelated unknown individuals than if
• 3:42
  Speaker 1: they originated from four unrelated unknown individuals. Question and again.
• 3:47
  Speaker 1: That's swab of the stock and grips and bolt. Is
• 3:50
  Speaker 1: that right? Answer, yes. Question, okay, number two. Calculation number two.
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  Speaker 1: Where is this swab taken from? Answer, exhibit 1.2 would
• 3:59
  Speaker 1: be swabs of the butt plate of the rifle. Question,
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  Speaker 1: and will you read paragraph D here? Answer, the DNA
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  Speaker 1: profile is at least one trillion times more likely if
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  Speaker 1: it originated from Tyler Robinson as a major component and
• 4:12
  Speaker 1: four unrelated unknown individuals than if it originated from five
• 4:17
  Speaker 1: unrelated unknown individuals. Question, looking at calculation number three, exhibit 1.3,
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  Speaker 1: what areas are swabbed for this comparison? Answer, 1.3 is
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  Speaker 1: swabs of the trigger and trigger guard of the rifle
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  Speaker 1: with possible ridge detail and or smudging. Question, will you
• 4:35
  Speaker 1: read up paragraph D? Answer, the DNA profile is at
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  Speaker 1: least one trillion times more likely if it originated from
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  Speaker 1: Tyler Robinson as a major component and three unrelated unknown
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  Speaker 1: individuals than if it originated from four unrelated, unknown individuals. Question,
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  Speaker 1: if we can go to page 6, calculation number 4,
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  Speaker 1: exhibit 1.5 and 5.1, what are those? Question, sorry, 1.5
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  Speaker 1: are swabs of the fore end of the rifle, and 5.1
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  Speaker 1: is swabs of one. 30- 06 cartridge. Question, and again, that
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  Speaker 1: cartridge came from where? Answer, from the firearm. Question, will
• 5:12
  Speaker 1: you read paragraph D? Answer. The DNA profiles are at
• 5:16
  Speaker 1: least 1 trillion times more likely if they originated from
• 5:20
  Speaker 1: Tyler Robinson as a major component and two unrelated, unknown
• 5:23
  Speaker 1: individuals than if they originated from three unrelated, unknown individuals. Question.
• 5:29
  Speaker 1: All right. Let's look at calculation number 5, 1.6, and 3.1.
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  Speaker 1: What are those? Answer. 1.6 is swabs of the barrel
• 5:38
  Speaker 1: of the rifle with possible ridge detail and or smudging.
• 5:42
  Speaker 1: And 3.1 is swabs of one 30-06 cartridge. Question, and
• 5:47
  Speaker 1: that 30-06 cartridge came from where? Answer, from the firearm. Question,
• 5:51
  Speaker 1: will you read paragraph D? Answer, the DNA profiles are
• 5:55
  Speaker 1: at least 1 trillion times more likely if they originated
• 5:58
  Speaker 1: from Tyler Robinson as a contributor to the major components
• 6:01
  Speaker 1: and two unrelated unknown individuals than if they originated from
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  Speaker 1: three unrelated unknown individuals. Question, okay. Statistical analysis calculation number 6,
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  Speaker 1: exhibit 1.9. Where's that from? Question 1.9 is the swab
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  Speaker 1: a possible ridge detail and or smudging on the optical
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  Speaker 1: accessory of the rifle? Question is that the scope? Answer yeah. Question,
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  Speaker 1: will you read paragraph D? Answer, the DNA profile is 6.28
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  Speaker 1: billion times more likely if it originated from Tyler Robinson
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  Speaker 1: as a contributor to the major component and three unrelated
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  Speaker 1: unknown individuals than if it originated from four unrelated, unknown individuals. Question, okay.
• 6:43
  Speaker 1: And number seven. I'm not going to read that. I
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  Speaker 1: think we've gone through this enough. That's the last one
• 6:48
  Speaker 1: in this report. Is that correct? Answer, yes. Question, all right.
• 6:52
  Speaker 1: We can go to Exhibit 32. 31, previously received. And
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  Speaker 1: just display this on the screen of the witness, please.
• 7:00
  Speaker 1: I think it might display on the gallery video. Okay,
• 7:02
  Speaker 1: all right. Thank you. Can you see Exhibit 32 on
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  Speaker 1: your screen, Agent Fulmina? Answer, yes. Question, what is this? Answer,
• 7:10
  Speaker 1: this is an ATF report I received in relation to
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  Speaker 1: the gun, as well as cartridge case and cartridges. Question,
• 7:17
  Speaker 1: and is this report in the same condition as it
• 7:19
  Speaker 1: was when you received it? Answer, yes. Question, I move
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  Speaker 1: the admission of State Exhibit 32. Judge Graff, so, question
• 7:27
  Speaker 1: for you. Was this the report that was previously disclosed
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  Speaker 1: in one of the early motions? Prosecution, yes. Judge Graff, alright, alright. Defense? Defense,
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  Speaker 1: no further objections, Your Honor. Judge Graff, all right. And
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  Speaker 1: for publication level? Prosecution, all three levels. Judge Graff, all right.
• 7:45
  Speaker 1: As it relates to State Exhibit 32, it's accepted into
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  Speaker 1: evidence and may be published in the gallery, as well
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  Speaker 1: as electronic, the media camera, can capture it. And I
• 7:54
  Speaker 1: know that this has been previously disclosed publicly from an
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  Speaker 1: earlier filing, I believe from either late last year or
• 8:00
  Speaker 1: early this year. So for those reasons, it's accepted into
• 8:03
  Speaker 1: evidence and may be published at all levels. PROSECUTION. YOUR HONOR,
• 8:08
  Speaker 1: IT'S 2.30. I PROBABLY HAVE 10 MORE MINUTES. WOULD YOU
• 8:10
  Speaker 1: LIKE TO TAKE A RECESS NOW, OR AFTER I FINISH?
• 8:15
  Speaker 1: JUDGE GRAFF. LET'S JUST DO THE 10 MINUTES, OKAY? PROSECUTION.
• 8:18
  Speaker 1: ALL RIGHT. EXHIBIT 32 IS IN FRONT OF YOU. AND
• 8:21
  Speaker 1: WHAT WAS BEING ANALYZED IN THIS TEST? AGENT FOMINA. WHAT'S
• 8:25
  Speaker 1: BEING ANALYZED WOULD HAVE BEEN THE CARTRIDGE CASE, AS WELL
• 8:27
  Speaker 1: AS THE BULLET FRAGMENT, AND THE LEAD FRAGMENTS THAT WERE
• 8:30
  Speaker 1: RECOVERED FROM MR. KIRK'S AT AUTOPSY. QUESTION. ALL RIGHT. SAME QUESTION.
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  Speaker 1: ON STRUCTURE OF THE EXHIBIT. The lab number and agency
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  Speaker 1: numbers are listed here on the first page, right? Answer, yes. Question,
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  Speaker 1: and if you want to know what the report is
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  Speaker 1: talking about, you have to refer back to there, right? Answer, yes. Question,
• 8:48
  Speaker 1: all right. I want to have you read. If you
• 8:50
  Speaker 1: can scroll down to the bottom of page one, thank you.
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  Speaker 1: I would ask you to read the second line under
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  Speaker 1: results of examination. Answer, yes. The exhibit one rifle was
• 8:59
  Speaker 1: test fired and found to be inoperable condition. The test
• 9:03
  Speaker 1: fires were designated inoperable. as Exhibit 1.11. Question, an Exhibit
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  Speaker 1: 1 rifle is what? Answer, it's the one we found
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  Speaker 1: on campus. Question, okay, Exhibit 2, if you'll skip the
• 9:16
  Speaker 1: next line and then go to Exhibit 2 cartridge case,
• 9:19
  Speaker 1: will you read that sentence? Answer, yeah, the Exhibit 2
• 9:22
  Speaker 1: cartridge case was identified as having been fired in the
• 9:25
  Speaker 1: Exhibit 1 rifle. Question, okay, now I want to jump
• 9:29
  Speaker 1: back up to the top where it lists the exhibits,
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  Speaker 1: 2 through 5. Will you explain what those are and
• 9:35
  Speaker 1: where they came from? Answer, yeah. That would be items
• 9:38
  Speaker 1: we found in the gun on scene, and this was
• 9:41
  Speaker 1: the gun that was found in the wooded area. Question,
• 9:44
  Speaker 1: and so the cartridge case, is the case that had
• 9:46
  Speaker 1: been fired? Answer, yes. Question, okay, so that's number two,
• 9:49
  Speaker 1: all right? I can't remember, did we already read that line,
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  Speaker 1: exhibit two, cartridge case? Answer, yes. Question, okay, thank you.
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  Speaker 1: Will you also look or read the last paragraph, on
• 10:00
  Speaker 1: this page? Answer, yeah. The Exhibit 2 cartridge case and
• 10:04
  Speaker 1: Exhibit 3 through 5 cartridges were examined for the presence
• 10:07
  Speaker 1: of comparable tool marks. Tool marks were located on the
• 10:11
  Speaker 1: exterior of Exhibit 2 cartridge case and Exhibit 3 cartridges,
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  Speaker 1: in parentheses, inscribed marks that are consistent with being produced
• 10:19
  Speaker 1: by engravings and or rotary cutting tips commonly found. Question,
• 10:25
  Speaker 1: got it, scroll down. Installed and handheld rotary tools such
• 10:29
  Speaker 1: as a Dremel tool. These tool marks contain marks of
• 10:32
  Speaker 1: value for comparison if a suspect tool is located. Question, okay.
• 10:38
  Speaker 1: I'd ask to scroll back up to show the exhibit list.
• 10:41
  Speaker 1: Number six, what is exhibit six? Answer, exhibit six is
• 10:45
  Speaker 1: the bullet jacket fragment. as well as the other fragments
• 10:49
  Speaker 1: that were recovered from Mr. Kirk at the time of
• 10:51
  Speaker 1: the autopsy. Question, thank you. Going back to page two,
• 10:56
  Speaker 1: if you read the first full paragraph, they're beginning with
• 10:59
  Speaker 1: Exhibit 6. Answer, Exhibit 6 consists of one. 30 caliber
• 11:03
  Speaker 1: class deformed damaged bullet jacket fragment and four lead fragments. Question,
• 11:08
  Speaker 1: will you read the next paragraph as well? Answer, The
• 11:11
  Speaker 1: Exhibit 6 bullet jacket fragment cannot be identified or excluded
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  Speaker 1: as having been fired from the Exhibit 1 rifle based
• 11:18
  Speaker 1: on an agreement of all discernible class characteristics, and neither
• 11:22
  Speaker 1: sufficient agreement nor sufficient disagreement of individual characteristics. The result
• 11:28
  Speaker 1: of the comparison was inconclusive. Alright folks, we're going to
• 11:31
  Speaker 1: wrap up right here, and in the next episode dealing
• 11:33
  Speaker 1: with the topic we're going to pick up where we
• 11:35
  Speaker 1: left off. All the information that goes with this episode
• 11:38
  Speaker 1: can be found in the description box.