Latest / The Epstein Chronicles / Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 15) (9/11/26)

Transcript

Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 15) (9/11/26) · The Epstein Chronicles

• 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 Tyler Robinson prelim hearing day one. Judge
• 0:10
  Speaker 1: Graff to the state, if you'd like to play it
• 0:12
  Speaker 1: again for me, I'm viewing it as it relates to
• 0:15
  Speaker 1: consideration as to the magistrate. Now the attorney for the
• 0:19
  Speaker 1: media jumps in. Your Honor, this sounds like an issue
• 0:22
  Speaker 1: that's going to come up again. I represent the news media.
• 0:25
  Speaker 1: Can I be heard on the issue? Judge Graff, yes. Question,
• 0:30
  Speaker 1: I tried to be quiet. I wanted to address it
• 0:32
  Speaker 1: now because it keeps coming up. It sounds like the
• 0:35
  Speaker 1: classification rule that Ms. Nestor is citing and that Your
• 0:37
  Speaker 1: Honor was just reading is not about in-court exhibits. That
• 0:41
  Speaker 1: is classification for records in the court file. So it's
• 0:45
  Speaker 1: a fundamentally different thing when we are in a public
• 0:48
  Speaker 1: proceeding and the state's presenting an exhibit that you are
• 0:51
  Speaker 1: relying on and the public's being denied the chance to
• 0:53
  Speaker 1: see it. That's a fundamental violation of the right of
• 0:56
  Speaker 1: access and it's a qualified right. And I recognize that,
• 1:00
  Speaker 1: but that's not the ruling that you just made. You're
• 1:02
  Speaker 1: just ruling based on the code of judicial administration, which
• 1:05
  Speaker 1: doesn't have anything to do with when someone or something
• 1:10
  Speaker 1: is being presented in a public proceeding. So while I
• 1:12
  Speaker 1: recognize that there are certain things where I understand that
• 1:16
  Speaker 1: you were going to make an exhibit by exhibit evaluation
• 1:18
  Speaker 1: based on certain exhibits that may cross the heavy threshold
• 1:21
  Speaker 1: of being so prejudicial that they cannot be shown in public.
• 1:25
  Speaker 1: That is not this. I just wanted to make clear
• 1:27
  Speaker 1: that the things that are in the Rule 202 are not,
• 1:30
  Speaker 1: when it's presented in open court, as an exhibit for
• 1:33
  Speaker 1: you to rely on. The public is entitled to see
• 1:36
  Speaker 1: what you're seeing so that they can understand that your
• 1:38
  Speaker 1: decision-making process is. And this one, it doesn't sound like.
• 1:42
  Speaker 1: This sounds pretty anodyne to me. It's not even depicting
• 1:46
  Speaker 1: the shooting. I just wanted to clarify that the classification
• 1:50
  Speaker 1: issue about When we're filling things with the court, or
• 1:52
  Speaker 1: filing things with the court, and we say this, maybe
• 1:55
  Speaker 1: we file a motion to classify. That's not the decision
• 1:58
  Speaker 1: that you're making today. The decision that you're making today
• 2:02
  Speaker 1: is the state is presenting something to you, you're watching it,
• 2:05
  Speaker 1: you're making a decision based on it, and the people
• 2:08
  Speaker 1: in the gallery have the right to see that. Whether
• 2:11
  Speaker 1: you allow EMC of it, well that's a different question.
• 2:14
  Speaker 1: Judge Graff, I see. Lawyer, and we think that the
• 2:17
  Speaker 1: EMC should be allowed too. for reasons that we briefed,
• 2:20
  Speaker 1: but I do think that it, at least, should be
• 2:23
  Speaker 1: published to the courtroom. Judge Graff, thank you. Attorney, thank you,
• 2:26
  Speaker 1: Your Honor. Judge Graff, to the parties, do you wish
• 2:29
  Speaker 1: to respond? Prosecution. State is fine. We'll submit it. Well, Judge,
• 2:35
  Speaker 1: I'm sorry. Judge Graff, well, hold on, okay. We'll go
• 2:39
  Speaker 1: to Ms. Nestor first. Ms. Nestor, no thank you, Your Honor.
• 2:43
  Speaker 1: Now the prosecution jumps back in. The only other additional
• 2:47
  Speaker 1: observation I'd make is with regard to the video and
• 2:50
  Speaker 1: this video only, the state doesn't believe that the defense
• 2:53
  Speaker 1: really has standing to make an argument on behalf of
• 2:56
  Speaker 1: the victims in this case. Judge Graff, all right, all right.
• 3:00
  Speaker 1: Based on what's been presented and recognizing the argument from
• 3:04
  Speaker 1: the media, I see the differentiation and the rule that
• 3:07
  Speaker 1: was cited versus what was presented. So I'm going to
• 3:09
  Speaker 1: go ahead and rule that this may be played in
• 3:11
  Speaker 1: the courtroom, but not be captured on video. So to
• 3:14
  Speaker 1: the camera operator, I just want to make sure that
• 3:17
  Speaker 1: it's going to be playing on that, but I don't
• 3:19
  Speaker 1: want it captured. I appreciate the patience of the parties
• 3:23
  Speaker 1: as we're going through the many layers that need to
• 3:25
  Speaker 1: be addressed on exhibits such as these. So we'll go ahead.
• 3:28
  Speaker 1: Once that's ready to be played, let's go ahead and
• 3:30
  Speaker 1: do that. So they play the video, then they get
• 3:34
  Speaker 1: back at it. Judge Graff, thank you. And that concludes
• 3:37
  Speaker 1: Exhibit 6. Prosecution, you may continue. Question, Agent Hall. Did
• 3:44
  Speaker 1: you or any other SBI agent collect additional video? Answer, yeah,
• 3:48
  Speaker 1: there were other videos collected. Question, okay, what additional video
• 3:52
  Speaker 1: did you collect? Answer, a cell phone video from Mr.
• 3:55
  Speaker 1: Phillips was collected. Question, okay, and do you know who
• 3:59
  Speaker 1: or how that video was collected? Answer, yeah, Agent Schultz
• 4:03
  Speaker 1: made contact with Mr. Phillips September 29th of 2025, and
• 4:07
  Speaker 1: that video was provided to him. Subsequently, in preparation for
• 4:11
  Speaker 1: proceedings today, Myself and Agent Davis met with Mr. Phillips
• 4:14
  Speaker 1: on April 6th, and he completed an 1102, and went
• 4:18
  Speaker 1: through the same process as Ms. Wright. The only difference being,
• 4:22
  Speaker 1: on this occasion, that because he's a minor, his mother
• 4:25
  Speaker 1: witnessed it, and also signed the statement. Question, okay, so
• 4:29
  Speaker 1: you personally reviewed Mr. Phillips' video with Mr. Phillips? Answer, correct. Question, okay,
• 4:34
  Speaker 1: and you had him prepare a written statement? Answer, yes, correct.
• 4:38
  Speaker 1: Question again, on this written statement, are there two different authors? Answer, yes,
• 4:42
  Speaker 1: I believe. In this instance, it was myself that wrote
• 4:45
  Speaker 1: the file name on the form. Question, what part of
• 4:48
  Speaker 1: the statement did you write? Answer, just the name of
• 4:51
  Speaker 1: the file that we were asking Mr. Phillips to verify. Question, okay.
• 4:56
  Speaker 1: I'm going to have exhibited on your screen what's been
• 4:59
  Speaker 1: marked states exhibit 7.1, and this should just be for
• 5:02
  Speaker 1: Agent Hull. Agent Hull, it's on my screen. Question, is
• 5:07
  Speaker 1: it on your screen? Do you recognize what it is? Answer,
• 5:09
  Speaker 1: I do, yes. Question, what is it? Answer, the State
• 5:13
  Speaker 1: Bureau of Investigation 1102 form completed by Mr. Phillips. Question, okay,
• 5:18
  Speaker 1: and did you gather that from Mr. Phillips? Answer, I did, yes. Question,
• 5:22
  Speaker 1: and again, does this statement include the advisory that is
• 5:25
  Speaker 1: going to be used in lieu of his testimony at prelim? Answer,
• 5:29
  Speaker 1: it does. Question, and does it also include a warning
• 5:32
  Speaker 1: that he makes a, well, the author, Makes a false
• 5:35
  Speaker 1: statement that it could be punishable by being charged with
• 5:37
  Speaker 1: a Class A misdemeanor. Answer, yes it does. Question, okay.
• 5:41
  Speaker 1: Anything about this exhibit look different than the day you
• 5:44
  Speaker 1: collected it? Answer, no. Question, judge. The state would seek
• 5:48
  Speaker 1: to admit Exhibit 7.1. Judge Graff, Ms. Nestor. Kathy Nestor,
• 5:53
  Speaker 1: thank you, Your Honor. We would object to the admission
• 5:56
  Speaker 1: on the grounds that this video does in fact show
• 5:58
  Speaker 1: a close-up view of the shooting of Mr. Kirk and
• 6:01
  Speaker 1: grievous injuries in very stark relief. And because of that,
• 6:04
  Speaker 1: we are particularly concerned about our constitutional claims we have
• 6:08
  Speaker 1: made and our standing objection in terms of our ability
• 6:11
  Speaker 1: to get a fair trial if it's published. And I
• 6:14
  Speaker 1: think again, we have the same issue with the court
• 6:16
  Speaker 1: being in a position where you're having to make reliability
• 6:20
  Speaker 1: determinations without the opportunity for the individual. Also, I do
• 6:23
  Speaker 1: think the fact that this is a minor that completed
• 6:26
  Speaker 1: this form does not make it protected. He's also potentially
• 6:29
  Speaker 1: a victim under the same theory that has been stated
• 6:32
  Speaker 1: for Ms. Wright And under the UCJA acts for the
• 6:36
  Speaker 1: same reason, the UCJA rules for the same reason, these
• 6:40
  Speaker 1: should be protected in private court and they should protect
• 6:42
  Speaker 1: private court records. And private means it shouldn't be played
• 6:45
  Speaker 1: in court and it shouldn't be played to the public
• 6:48
  Speaker 1: through the media. So we would object to its admission.
• 6:51
  Speaker 1: We would object to its publication and we would object
• 6:54
  Speaker 1: to its filming. Thank you. Judge Graff, prosecution. Any final response? Prosecution. Judge,
• 7:01
  Speaker 1: let me address. Well, there's two things here. Let me
• 7:04
  Speaker 1: address first the 1102 statement. Judge, I believe again that
• 7:08
  Speaker 1: this statement was gathered in compliance with Rule 1102B8. Just
• 7:12
  Speaker 1: double check. And the agent has explained that although Mr.
• 7:16
  Speaker 1: Phillips is a minor, his mother was present. And that explains,
• 7:20
  Speaker 1: I believe he said, the second signature on the form.
• 7:23
  Speaker 1: With regard to publishing it, the 1102 statement, that is, Judge,
• 7:27
  Speaker 1: we believe again, the presumption is this is a public record,
• 7:30
  Speaker 1: and that it should not only be admitted, but published
• 7:33
  Speaker 1: here in court. and also published so that the media
• 7:36
  Speaker 1: can record it. Well, we do want to address the 1102,
• 7:40
  Speaker 1: then we'll move on to the video. Judge Graff, all right,
• 7:43
  Speaker 1: so we're staying focused on the 1102. Any final response, Ms. Nestor? Answer, no,
• 7:49
  Speaker 1: Your Honor. Judge Graff, all right, thank you. As it
• 7:52
  Speaker 1: relates to the 1102 statement and to the state representative
• 7:55
  Speaker 1: who is displaying it, could you scroll down? I can
• 7:58
  Speaker 1: only see the top half of this, all right. And
• 8:01
  Speaker 1: just go to the very bottom so I can look
• 8:03
  Speaker 1: at the totality of it. This is 7.1, alright. Based
• 8:07
  Speaker 1: off what's before me, on States Exhibit 7.1, I find
• 8:10
  Speaker 1: that this is admissible under Rule 1102. And to the
• 8:14
  Speaker 1: Utah Constitution, Article 1, Section 12, to that paragraph, I
• 8:18
  Speaker 1: have referred to previously, and so it is admitted into evidence.
• 8:23
  Speaker 1: And Mr. Sturgill, remind me. Were you requesting for it
• 8:26
  Speaker 1: to be displayed? I'm again focusing on 7.1. Answer, right. 7.1, Judge.
• 8:33
  Speaker 1: With regards to the video, we believe it's admissible. It's
• 8:36
  Speaker 1: been authenticated properly. Judge Graff, hold on, hold on. I'm
• 8:39
  Speaker 1: not talking about the video. I'm talking about 7.1. Prosecution, right. Oh.
• 8:44
  Speaker 1: Judge Graff publishing it in the courtroom versus publishing it
• 8:48
  Speaker 1: on to be captured by the media. Answer by prosecution. Judge,
• 8:53
  Speaker 1: the presumption is it's a court record. We believe in
• 8:56
  Speaker 1: its redacted form. We believe it should be published in
• 8:58
  Speaker 1: all three areas. Judge Graff. All right, Ms. Nestor, any
• 9:02
  Speaker 1: final thoughts? Kathy Nestor, no, Your Honor. Judge Graff, all right.
• 9:07
  Speaker 1: I'm going to go ahead and grant publishing of Plaintiff's
• 9:09
  Speaker 1: Exhibit 7.1 in court and that the media may capture it.
• 9:13
  Speaker 1: Let's go ahead and do so. So they get it up.
• 9:16
  Speaker 1: Now it's admitted. Back to the questioning. Prosecution. All right.
• 9:25
  Speaker 1: Have you personally watched Mr. Phillips' video? Answer, yes, I have. Question,
• 9:29
  Speaker 1: and what does it depict? Answer, it's a graphic video. Mr.
• 9:33
  Speaker 1: Phillips was positioned towards the front of the crowd, and
• 9:35
  Speaker 1: it does depict the moment that Mr. Kirk is shot.
• 9:39
  Speaker 1: Question okay, and independent of the 1102 statement prepared by Mr. Phillips,
• 9:44
  Speaker 1: you watching that video, do you recognize at least the
• 9:46
  Speaker 1: location of the video? Answer, I do. It's consistent with
• 9:50
  Speaker 1: the event that Mr. Kirk was presenting at UVU on
• 9:54
  Speaker 1: September 10th, 2025. Question okay, judge. At this point, the
• 9:58
  Speaker 1: state would move to admit what's been marked state's exhibit
• 10:01
  Speaker 1: number seven. We would simply ask that it be admitted.
• 10:04
  Speaker 1: We would ask, however, that it not be published beyond that.
• 10:08
  Speaker 1: Judge Graff, Ms. Nestor. So as to the admission, the
• 10:13
  Speaker 1: same issues that we raised to the 1102, we would
• 10:15
  Speaker 1: raise as to the difficulty of authenticating when the individual
• 10:19
  Speaker 1: is not here present, and all the same concerns that
• 10:21
  Speaker 1: we raised about the 1102 itself, Your Honor. Judge Graff,
• 10:25
  Speaker 1: thank you, all right. Kathy Nestor, I'm sorry, may I
• 10:29
  Speaker 1: add one more? I apologize. Judge Graff, you may, Kathy Nestor.
• 10:34
  Speaker 1: And also, under Rule 403, we think it's more prejudicial
• 10:37
  Speaker 1: than probative, and we would raise it for that reason
• 10:40
  Speaker 1: as well. Judge Graff. Prosecution. Any final response? Prosecution. No,
• 10:46
  Speaker 1: Your Honor. Judge Graff. All right. And this exhibit is
• 10:49
  Speaker 1: Exhibit 7. Is that correct? Answer by the Prosecution. 7. Correct.
• 10:54
  Speaker 1: Exhibit 7, Judge. Judge Graff. All right. I'll admit Exhibit
• 10:58
  Speaker 1: 7 into evidence based off the foundation that's laid. The
• 11:01
  Speaker 1: 1102 is tied directly to this, and for admission purposes,
• 11:04
  Speaker 1: it's admitted. I'm not going to authorize publication in the
• 11:07
  Speaker 1: courtroom or obviously through media. but I will have it
• 11:11
  Speaker 1: played on my screen, and so I view it. And
• 11:14
  Speaker 1: I just want to make sure, and please, counsel, given
• 11:16
  Speaker 1: the graphic nature of it, please guard your screens, because
• 11:19
  Speaker 1: I believe we should all be viewing this, this evidence,
• 11:22
  Speaker 1: and I want to make sure that you all are
• 11:24
  Speaker 1: seeing what I see to ensure that it's accurate, and
• 11:27
  Speaker 1: it's a fair representation of the exhibit that you're familiar with.
• 11:31
  Speaker 1: So whatever you need to do, I'll give you a moment.
• 11:34
  Speaker 1: And if you could, just give me a thumbs up
• 11:36
  Speaker 1: if you're ready to proceed. Again, I want to act
• 11:39
  Speaker 1: in a way that is dignified and respecting the rights
• 11:42
  Speaker 1: of all persons. And for those reasons, I just want
• 11:45
  Speaker 1: to make sure that we're safeguarding to ensure this is
• 11:47
  Speaker 1: not captured. All right? To the defense. Ready to proceed?
• 11:52
  Speaker 1: All right, folks, we're going to wrap up right here.
• 11:54
  Speaker 1: And in the next episode, we're going to pick up
• 11:56
  Speaker 1: with Kathy Nestor. Yes, Your Honor. All the information that
• 12:00
  Speaker 1: goes with this episode can be found in the description box.