Latest / The Moscow Murders and More / Tyler Robinson Preliminary Hearing (Day 6 Part 2) (10/27/26)

Transcript

Tyler Robinson Preliminary Hearing (Day 6 Part 2) (10/27/26) · The Moscow Murders and More

• 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
• 0:05
  Speaker 1: off with the closing arguments in the Tyler Robinson prelim
• 0:09
  Speaker 1: hearing and the transcripts from it. And we're picking back
• 0:13
  Speaker 1: up with Judge Graff and the ruling. On August 22nd, 2026,
• 0:18
  Speaker 1: defendant filed the timely opposition to both EMC requests. In
• 0:23
  Speaker 1: his opposition, defendant raised substantial constitutional concerns regarding pretrial publicity
• 0:29
  Speaker 1: and courtroom congestion, and witness harassment. In support of his claims,
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  Speaker 1: Defendant pointed to Polymarket, a popular online prediction and betting
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  Speaker 1: website which hosted an active betting pool titled Tyler Robinson
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  Speaker 1: Convicted of Homicide. As of August 22, 2026, at the
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  Speaker 1: time of the filing, over 300,000 insurers had been traded
• 0:51
  Speaker 1: on the question of whether Defendant will be convicted of
• 0:54
  Speaker 1: capital homicide. Defendant represented that the betting odds and market
• 0:58
  Speaker 1: volume fluctuated significantly during the evidentiary portion of the prelim
• 1:02
  Speaker 1: hearing in July of this year. Defendant argues that the
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  Speaker 1: pervasiveness of online betting represents a morally dubious enterprise that
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  Speaker 1: commodifies capital litigation and that continuing to broadcast legal arguments
• 1:15
  Speaker 1: would exasperate this commercial gambling. Simultaneously, on August 22, 2026,
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  Speaker 1: Defendant filed the present motion to classify requesting that the
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  Speaker 1: unredacted versions of his opposition containing specific polymarket links, web addresses,
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  Speaker 1: transaction volumes, and active betting identifiers be classified as protected
• 1:37
  Speaker 1: under Utah Rule of Judicial Administration 4-202.04 Sub 3. Defendant
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  Speaker 1: argued that publishing these precise URLs on the court's public
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  Speaker 1: docket would move markets, draw speculative interest in his capital case,
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  Speaker 1: and jeopardize the integrity of the jury pool. Defendant submitted
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  Speaker 1: public redacted versions of both opposition shielding only the precise
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  Speaker 1: external betting links. Furthermore, defendant raised substantial concerns regarding courtroom
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  Speaker 1: congestion on September 1st, 2026. Defendant notes that the 4th
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  Speaker 1: District Court's facilities are highly congested, with the audience gallery
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  Speaker 1: at capacity... media representatives filling the jury box adjacent to
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  Speaker 1: defense tables, and counsel tables tightly packed with defense and
• 2:25
  Speaker 1: prosecution teams. Defendant argues that introducing two separate still photographers
• 2:31
  Speaker 1: with a respective equipment, in addition to KUTV's live-streaming camera operator,
• 2:38
  Speaker 1: will severely disrupt the court's physical space, threaten attorney-client confidentiality,
• 2:43
  Speaker 1: and interfere with the effective administration of justice. Finally, defendant
• 2:48
  Speaker 1: alleges that the witness' safety and privacy has been compromised.
• 2:52
  Speaker 1: Defendant represents that following the prelim hearing in July of 2026,
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  Speaker 1: several individuals who provided 1102 statements and whose information was
• 3:02
  Speaker 1: introduced into the public record were subjected to harassment with
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  Speaker 1: media representatives and interested third parties appearing at their private residences.
• 3:12
  Speaker 1: Defendant contends that continuing to livestream these proceedings where hearsay
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  Speaker 1: evidence is discussed exasperates these privacy concerns. The news media
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  Speaker 1: Consolidated Response argues that the defendants' objections are merely repetitive
• 3:26
  Speaker 1: of generalized policy arguments against cameras that the court has
• 3:30
  Speaker 1: already rejected. The news media points out that the evidentiary
• 3:34
  Speaker 1: portion of the prelim hearing was open and broadcasted, meaning
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  Speaker 1: the evidence discussed on September 1st is already fully in
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  Speaker 1: the public arena. Regarding external online speculation and witness concerns,
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  Speaker 1: The news media contends that these are generalized societal phenomena
• 3:52
  Speaker 1: that exist independently of whether a camera is permitted in
• 3:55
  Speaker 1: the courtroom, and the public discussion will continue regardless of
• 3:59
  Speaker 1: court-regulated EMC. The court does not reject Dr. Edelman or Dr.
• 4:04
  Speaker 1: Ruva's testimony concerning the potential effects of pretrial publicity. Their
• 4:09
  Speaker 1: testimony supports the conclusion that publicity may create genuine risk
• 4:13
  Speaker 1: to jury impartiality. The more narrow issue presented by these
• 4:17
  Speaker 1: EMC requests, however, is whether broadcasting legal arguments concerning previously
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  Speaker 1: presented evidence creates sufficient incremental prejudice to overcome the Rule 4-401.01 presumption.
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  Speaker 1: On the present record, defendant has not made that showing.
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  Speaker 1: The public and the press enjoy presumptive common law and
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  Speaker 1: constitutional right of access to criminal proceedings under the 1st
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  Speaker 1: and 14th Amendments to the United States Constitution in Article 1,
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  Speaker 1: Section 15 of the Utah Constitution. And I'm not going
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  Speaker 1: to read the citations that will be written in the ruling,
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  Speaker 1: which will be uploaded today. This presumption of openness is
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  Speaker 1: central to the fair administration of justice, ensuring transparency, public accountability,
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  Speaker 1: and confidence in the integrity of the judicial system. Under
• 5:07
  Speaker 1: Rule 4-202.02-1 of the Utah Rules of Judicial Administration, Court
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  Speaker 1: records are presumptively open to the public unless a record
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  Speaker 1: is classified as private, protected, or sealed. Under Rule 4-401.01
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  Speaker 1: of the Utah Rules of Judicial Administration, there is a
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  Speaker 1: rule-based presumption in favor of electronic media coverage by a
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  Speaker 1: news reporter in public court proceedings, quoting, there is a
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  Speaker 1: presumption that electronic media coverage by a news reporter... shall
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  Speaker 1: be permitted in public proceedings where the predominant purpose of
• 5:43
  Speaker 1: the electronic media coverage request is journalism or dissemination of
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  Speaker 1: news to the public. The judge may prohibit or restrict
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  Speaker 1: electronic media coverage in those cases only if the judge
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  Speaker 1: finds that the reasons for doing so are sufficiently compelling
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  Speaker 1: to outweigh the presumption. When determining whether this presumption has
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  Speaker 1: been overcome, the court must consider some or all of
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  Speaker 1: the nine factors set forth in rule 4-401.01-2b, including whether
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  Speaker 1: there is a reasonable likelihood of prejudice to a fair proceeding,
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  Speaker 1: whether coverage will jeopardize safety or well-being, whether it constitutes
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  Speaker 1: an unwarranted invasion of personal privacy, whether it will create
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  Speaker 1: adverse effects greater than the coverage without recording, the adequacy
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  Speaker 1: of the physical facilities and the public interest. Any order
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  Speaker 1: restricting coverage must be related to the specific circumstances of
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  Speaker 1: the proceeding, rather than the generalized preference, and must be
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  Speaker 1: supported by particularized oral or written findings on the record.
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  Speaker 1: The constitutional and common right of public access is distinct
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  Speaker 1: from rule-based presumption governing electronic media coverage. In resolving the
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  Speaker 1: EMC request, the court must apply Rule 4-401.01, while also
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  Speaker 1: safeguarding the defendant's fundamental rights to a fair trial, due
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  Speaker 1: process of law, and impartial jury under the 5th, 6th,
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  Speaker 1: and 14th Amendments to the United States Constitution in Article I,
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  Speaker 1: Section 7 and 12 of the Utah Constitution. The right
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  Speaker 1: of public access does not itself establish a constitutional right
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  Speaker 1: to photograph or broadcast a proceeding. Electronic media coverage is
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  Speaker 1: instead governed here by Rule 4-401.01. and it specified presumption
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  Speaker 1: factors and limitations. The United States Supreme Court has made
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  Speaker 1: clear that the trial court has affirmative duty to safeguard
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  Speaker 1: these rights from toxic effects of prejudicial publicity, quoting, Due
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  Speaker 1: process requires that the accused receive a trial by an
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  Speaker 1: impartial jury, free from outside influence. Given the pervasiveness of
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  Speaker 1: modern communications and the difficulty of facing prejudicial publicity from
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  Speaker 1: the minds of jurors, the trial court must take strong
• 8:01
  Speaker 1: measures to ensure that the balance is never weighed against
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  Speaker 1: the accused. Of course, there is nothing that proscribes the
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  Speaker 1: press from reporting events that transpire in the courtroom, but
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  Speaker 1: where there is a reasonable likelihood that prejudicial news prior
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  Speaker 1: to trial will prevent a fair trial, the judge should
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  Speaker 1: continue the case until the threat abates or transfer it
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  Speaker 1: to another county not so premeditated with publicity. While the
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  Speaker 1: Supreme Court has held that the presence of cameras in
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  Speaker 1: a courtroom is not a per se violation of due process.
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  Speaker 1: Trial courts must exercise rational skepticism and apply strict safeguards
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  Speaker 1: to maintain decorum and prevent a carnival atmosphere. Finally, Rule 4-202.04
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  Speaker 1: governs defendants' request to restrict access to the unredacted filings.
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  Speaker 1: Subsection 3a permits a person with an interest in a
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  Speaker 1: record associated with the case over which the court retains
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  Speaker 1: jurisdiction to seek classification or redaction. Subsection 4 requires a
• 9:01
  Speaker 1: closure hearing when such a motion is contested. Subsection 5
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  Speaker 1: identifies the circumstances in which a record or information may
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  Speaker 1: be classified or redacted. In ruling on the motion, subsection
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  Speaker 1: 6 requires the court to make findings and conclusions concerning
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  Speaker 1: specific records and to identify the balance the interest favoring
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  Speaker 1: opening and closing them. If the court orders a record closed,
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  Speaker 1: it must also determine that a reasonable alternative to closure
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  Speaker 1: sufficiently protects the interest favoring closure. The presumption of access
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  Speaker 1: is substantial but qualified. Thus, the question is not whether
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  Speaker 1: the openness or fair trial interests categorically prevail, but how
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  Speaker 1: those interests apply to particular information at issue here. These
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  Speaker 1: record-specific findings and balancing requirements govern defendants' motion to classify.
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  Speaker 1: As it relates to defendant's procedural due process objections, defendant reiterates,
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  Speaker 1: his continuing objections to challenge procedures set forth in this
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  Speaker 1: court's May 8, 2026 order. Specifically, defendant contends that the
• 10:10
  Speaker 1: four-page limit for objections, the prohibition on oral argument, the
• 10:14
  Speaker 1: absence of an evidentiary hearing, and the lack of formal
• 10:17
  Speaker 1: appeal mechanism violates his federal and constitutional rights to due process.
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  Speaker 1: Defendant has not demonstrated that the procedures governing EMC objections
• 10:27
  Speaker 1: deprived him of a meaningful opportunity to present the particular
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  Speaker 1: objections at issue here. Due process is a flexible concept
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  Speaker 1: that requires such procedural protections as a particular situation demands.
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  Speaker 1: In this case, the defendant has been afforded Multiple opportunities
• 10:44
  Speaker 1: to submit written objections present expert testimony at the April 17,
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  Speaker 1: 2026 hearing and establish a comprehensive record. The present objections
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  Speaker 1: identify the asserted risk of prejudice, physical congestion, and participant privacy,
• 11:01
  Speaker 1: and the court has considered those arguments together with the
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  Speaker 1: incorporated evidentiary record. Defendant identifies no material argument. or non-cumulative
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  Speaker 1: evidence concerning these requests that the filing limitation prevented him
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  Speaker 1: from presenting. On that record, the court finds no procedural
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  Speaker 1: deprivation requiring different treatment of the pending EMC request. Accordingly,
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  Speaker 1: defendants' procedural objections are overruled. Defendant argues that electronic media
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  Speaker 1: coverage of the September 1, 2026 hearing will prejudice his
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  Speaker 1: right to a fair trial by disseminating hearsay-based evidence introduced
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  Speaker 1: under Utah Rule of Evidence 1102. Defendant contends that Dr.
• 11:44
  Speaker 1: Edelman and Dr. Ruva's expert testimonies established that such broadcast
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  Speaker 1: publicity will deepen public bias and make the selection of
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  Speaker 1: an impartial jury impossible. The court recognizes that defendant's constitutional
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  Speaker 1: concerns are substantial, particularly given that this is a capital
• 12:03
  Speaker 1: murder case where the case is seeking the death penalty. Nevertheless,
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  Speaker 1: the Court's analysis is guided by the specific procedural posture
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  Speaker 1: of this proceeding. The evidentiary portion of the preliminary hearing
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  Speaker 1: was conducted in open court in July of 2026. The
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  Speaker 1: evidence in Rule 1102 material relevant to the September 1st
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  Speaker 1: legal arguments were presented during those open proceedings and were
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  Speaker 1: available for public reporting. The September 1st, 2026 hearing involves
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  Speaker 1: oral arguments by counsel on whether the state has met
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  Speaker 1: its threshold of burden of probable cause. No new evidence, hearsay,
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  Speaker 1: based or otherwise, will be introduced during this hearing. Thus present,
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  Speaker 1: EMC requests concern the incremental effects of broadcasting legal arguments
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  Speaker 1: about previously presented material rather than first public disclosure of
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  Speaker 1: underlying evidence. Furthermore, Utah law recognizes that prejudicial publicity may
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  Speaker 1: threaten defendants' fair trial rights. while recognizing careful jury selection
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  Speaker 1: procedures as potential safeguards. Recognized jury selection safeguards remain available,
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  Speaker 1: and their adequacy may be reassessed as the case progresses.
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  Speaker 1: These tools are available to identify prospective jurors who have
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  Speaker 1: developed fixed prejudgments or disqualifying financial interests, and their adequacy
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  Speaker 1: can be reassessed during jury selection. Because the relevant evidence
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  Speaker 1: was previously presented in open court, the public interest and
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  Speaker 1: access to legal argument outweighs the incremental prejudice established on
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  Speaker 1: the present record. Defendant's objection on this basis is overruled.
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  Speaker 1: All right, folks, we're going to wrap up right here.
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  Speaker 1: And in the next episode dealing with the topic, we're
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  Speaker 1: going to pick up where we left off. All the
• 13:51
  Speaker 1: information that goes with this episode can be found in
• 13:54
  Speaker 1: the description box.