Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcripts (Day 2 Part 7) (9/22/26)

Transcript

Tyler Robinson Preliminary Hearing Transcripts (Day 2 Part 7) (9/22/26) · 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
• 0:05
  Speaker 1: off with day two of the Tyler Robinson prelim hearing.
• 0:12
  Speaker 1: Question by the prosecution, who has the witness now on redirect.
• 0:17
  Speaker 1: Miss Nestor asked you about your observation of seeing Mr.
• 0:19
  Speaker 1: Robinson with something in his hand, and I think she
• 0:22
  Speaker 1: was asking you about Mr. Robinson just prior to crossing
• 0:25
  Speaker 1: Campus Drive following the shooting. Do you remember the question? Answer, yeah,
• 0:30
  Speaker 1: I think I was asked whether he had a gun
• 0:32
  Speaker 1: or I had seen a gun in the video. Question,
• 0:35
  Speaker 1: and you said you did see something in his hand? Answer, correct. Question, okay,
• 0:40
  Speaker 1: I want you to go back as far as you
• 0:41
  Speaker 1: can remember. At what point after Mr. Robinson stood up
• 0:46
  Speaker 1: on top of the Losey building and ran across, I
• 0:49
  Speaker 1: believe to the northeast corner, when did you first notice
• 0:51
  Speaker 1: in that video something in his hand? Answer, the first
• 0:55
  Speaker 1: time you can clearly notice he has something in his hand,
• 0:58
  Speaker 1: without a doubt. is when he's on the white triangular
• 1:01
  Speaker 1: portion on the northeast corner of the LOSI building preparing
• 1:04
  Speaker 1: to jump. But it's very apparent he has an item
• 1:07
  Speaker 1: in his hand. Question okay. And that's based on your
• 1:11
  Speaker 1: observation of the video? Answer, correct. Question okay. And is
• 1:15
  Speaker 1: it easier to see it in the enhanced video? Answer,
• 1:19
  Speaker 1: the zoom version of the video makes it a lot
• 1:21
  Speaker 1: clearer to see, yes. Question okay. And then after he
• 1:24
  Speaker 1: drops down off the roof of the LOSI building, Is
• 1:28
  Speaker 1: there any time between that point in time and making
• 1:31
  Speaker 1: his way to campus drive that you believe you see
• 1:33
  Speaker 1: again something in his hand? Answer. As Mr. Robinson lands
• 1:38
  Speaker 1: on the grass, it's almost like he either drops it
• 1:40
  Speaker 1: or goes into a crouch position. And then when he
• 1:43
  Speaker 1: returns up from that, it is again clear that there
• 1:46
  Speaker 1: is some kind of item in his hand. Yes. Question. Okay.
• 1:51
  Speaker 1: Can you be more specific or describe in more detail
• 1:54
  Speaker 1: what that item might be? Answer. It appears to be
• 1:58
  Speaker 1: black and it appears to be longer. Question. Okay. Okay.
• 2:02
  Speaker 1: Anything else about the item? Answer. No. Question. Okay. I
• 2:05
  Speaker 1: believe it was Exhibit 9, State Exhibit 9, that Ms.
• 2:08
  Speaker 1: Nestor pulled up on the screen. And she had you
• 2:11
  Speaker 1: look at that. I believe that you looked at, was, beginning,
• 2:14
  Speaker 1: a still image, but then a few moments or a
• 2:16
  Speaker 1: few seconds of that video. And that's the UVU tunnel video.
• 2:20
  Speaker 1: Is that right? Answer. The breezeway underneath the Hall of Flags. Yes. Question,
• 2:26
  Speaker 1: and the view is from behind where I believe you
• 2:29
  Speaker 1: testified that Mr. Kirk was on the other side of
• 2:31
  Speaker 1: what appears to be a banner in that tunnel view. Answer, yes. Question,
• 2:36
  Speaker 1: and on the other side of that banner is the
• 2:38
  Speaker 1: tent and then the rest of the courtyard. Is that
• 2:41
  Speaker 1: fair to say? Answer, correct. Question, do you remember seeing
• 2:44
  Speaker 1: the banner? Answer, yes. Question, in the video? Answer, you're
• 2:49
  Speaker 1: referring to the back of the pop-up tent? Question, correct. Answer, correct. Question, okay,
• 2:57
  Speaker 1: and do you remember, what do you remember about the banner? Answer,
• 3:00
  Speaker 1: it was some kind of emblem on it, and it
• 3:02
  Speaker 1: forms the back portion of the pop-up tent. Question, is
• 3:06
  Speaker 1: it opaque? Is it transparent? How would you describe it? Answer, no,
• 3:10
  Speaker 1: you can't see through it, it's white. And then you
• 3:13
  Speaker 1: cannot see through it, no. Question, and how much of
• 3:16
  Speaker 1: the tunnel does that banner, I guess, if it's opaque, obstruct? Answer,
• 3:21
  Speaker 1: I couldn't say. I'm assuming it's a 20x20 gazebo. so
• 3:25
  Speaker 1: it would block out the area of the back of
• 3:26
  Speaker 1: the tent that you can see. Question, and where? Answer,
• 3:31
  Speaker 1: and you would not be able to see through it.
• 3:33
  Speaker 1: You would not be able to see through it from
• 3:35
  Speaker 1: the audience side of the amphitheater. Question, and what about
• 3:38
  Speaker 1: the tunnel side of that banner? Can you see through
• 3:40
  Speaker 1: the tunnel side in the opposite direction? Answer, you cannot. No. Question, okay.
• 3:46
  Speaker 1: Can you see Mr. Kirk on the other side of
• 3:48
  Speaker 1: that banner? Answer, you can't. No. Question, okay, well we exhibited,
• 3:53
  Speaker 1: or Ms. Nestor, had you watched just, I believe, just
• 3:56
  Speaker 1: a brief few seconds of that video. That exhibit is
• 4:00
  Speaker 1: much longer than what we just looked at, or what Ms.
• 4:02
  Speaker 1: Nestor had you look at. Is that right? Answer, correct. Question, okay.
• 4:07
  Speaker 1: And leading up, and again, I'm referring to that view,
• 4:10
  Speaker 1: that tunnel view of that surveillance camera. Leading up to
• 4:13
  Speaker 1: the shot, what's going on behind the banner? Answer, there
• 4:17
  Speaker 1: are representatives, I believe, of TPUSA. but there are representatives
• 4:21
  Speaker 1: of TPUSA. There are law enforcement representatives. I don't know
• 4:25
  Speaker 1: if there is any student body, but essentially people are
• 4:28
  Speaker 1: moving to and fro behind that area. A couple of
• 4:31
  Speaker 1: individuals are retrieving items from a vehicle, but there's consistent
• 4:34
  Speaker 1: movement behind and in that area. Question, okay, directly behind
• 4:38
  Speaker 1: the banner? Answer, correct. Question, Ms. Nestor asked you about
• 4:43
  Speaker 1: the wooded area that Mr. Robinson entered. Well, Ms. Nestor
• 4:47
  Speaker 1: brought that up. And I believe your testimony has been,
• 4:49
  Speaker 1: between today and yesterday, that you witnessed Mr. Robinson enter
• 4:53
  Speaker 1: a wooded area on at least two occasions. Is that
• 4:56
  Speaker 1: fair to say? Answer, yeah, on his second visit to
• 4:59
  Speaker 1: the campus and on the visit where the incident took place. Question, okay,
• 5:04
  Speaker 1: at least on those two occasions, the wooded area that
• 5:07
  Speaker 1: he entered, were they different parts of the wooded area
• 5:10
  Speaker 1: or was it the same part? Answer, they appeared to
• 5:13
  Speaker 1: be the same. Question, you're aware that a rifle was
• 5:16
  Speaker 1: eventually discovered? Answer, yes. Question, and what's your understanding that
• 5:22
  Speaker 1: that rifle was discovered in a wooded area? Answer, it
• 5:25
  Speaker 1: was in the wooded area where we believe Mr. Robinson
• 5:28
  Speaker 1: entered the wooded area, yes. Question, okay, and that rifle
• 5:32
  Speaker 1: was discovered on the 10th? Answer, yes. Question, Ms. Nestor
• 5:36
  Speaker 1: asked you about a variety of tips, tips including threats
• 5:39
  Speaker 1: to Mr. Kirk, I think, before the event. Answer, yes. Question,
• 5:44
  Speaker 1: and did you follow up on those tips? Answer, after
• 5:47
  Speaker 1: tips have been put through a process and have been
• 5:49
  Speaker 1: analyzed and screened, anything that appeared to have relevance to
• 5:52
  Speaker 1: either the investigation or a credible threat was managed by
• 5:56
  Speaker 1: the various entities involved. Yes. Question, okay, so managed by
• 6:01
  Speaker 1: law enforcement, did you personally follow up on any of
• 6:03
  Speaker 1: those tips? Answer, I don't think I personally did, but
• 6:07
  Speaker 1: I worked closely with the people who did. Question, the
• 6:10
  Speaker 1: point is, I guess, is that those tips were followed
• 6:12
  Speaker 1: up on. Is that fair to say? Answer, to the
• 6:15
  Speaker 1: best of my ability, yes. Question, okay. And then Ms.
• 6:19
  Speaker 1: Nestor also asked you about tips, I believe, of people
• 6:22
  Speaker 1: reporting to police that they felt like they knew who
• 6:24
  Speaker 1: the shooter was. Answer, yes. Question, okay, so identities of
• 6:29
  Speaker 1: a possible shooter? Answer, correct. Question, did law enforcement follow
• 6:33
  Speaker 1: up on those tips as well? Answer, they did. Question, finally. Ms.
• 6:38
  Speaker 1: Nestor asked you, well, she asked you whether Mr. Robinson
• 6:41
  Speaker 1: voluntarily went to the sheriff's office. Down in Southern Utah,
• 6:44
  Speaker 1: is that right? Answer, yes. Question, okay. And what was
• 6:48
  Speaker 1: the Washington County Sheriff's Office? Answer, yes. Question, okay. You
• 6:53
  Speaker 1: understand that he turned himself while he showed up there voluntarily,
• 6:56
  Speaker 1: is that right? Answer, correct. Question, what was your understanding
• 7:01
  Speaker 1: as to why he was showing up there voluntarily? Answer,
• 7:05
  Speaker 1: he had informed, I believed, his immediate family that he'd
• 7:09
  Speaker 1: been involved in the shooting and that he wanted to
• 7:11
  Speaker 1: turn himself in. Question, okay, nothing further. In the video
• 7:15
  Speaker 1: that we've already talked about, the video where Mr. Robinson
• 7:18
  Speaker 1: stands up and runs across the top of the Losey building,
• 7:22
  Speaker 1: do you notice whether at that point, after he stood up,
• 7:25
  Speaker 1: until you see him last, at least in that part
• 7:27
  Speaker 1: of the video, do you notice whether he's walking or
• 7:30
  Speaker 1: running with a limp? Answer, he is not. From the
• 7:34
  Speaker 1: time he left, the after going over the railing, when
• 7:37
  Speaker 1: we see him in the videos, move out of that position,
• 7:39
  Speaker 1: And then leave the position. There is no longer a
• 7:42
  Speaker 1: visible limp or a gait. Question. Thank you. Judge Graff. Ms. Nestor.
• 7:48
  Speaker 1: Kathy Nestor. No follow-up, Your Honor. Judge. All right. May
• 7:52
  Speaker 1: the witness be excused? Yes, Your Honor. All right. Agent Hall.
• 7:56
  Speaker 1: Thank you. Kathy Nestor. Can we just have a minute
• 7:59
  Speaker 1: to meet with counsel? So they take a five-minute break,
• 8:03
  Speaker 1: then they come back. Prosecution. Yes, Your Honor, we intend
• 8:09
  Speaker 1: to call Jennifer Fulmina, but before I do that, I'd
• 8:13
  Speaker 1: move the admission of State Exhibit 5.1 if I can
• 8:15
  Speaker 1: approach the bench. Answer, yes, thank you. Now the defense
• 8:20
  Speaker 1: jumps in, Your Honor, there will be an objection that
• 8:23
  Speaker 1: we want to be heard on the objections, and I
• 8:25
  Speaker 1: didn't know this was coming now. It could be lengthy. Judge,
• 8:28
  Speaker 1: all right, let me just. Do you wish to identify
• 8:31
  Speaker 1: what State Exhibit 5.1 is? Answer, yeah, Your Honor. Exhibit 5.1
• 8:36
  Speaker 1: is a self-authenticating 1102 statement issued by David Englehart from
• 8:41
  Speaker 1: Turning Point USA. Judge Graff, alright. Prosecution, and again, I
• 8:48
  Speaker 1: say it's a self-authenticating document. As you can see there,
• 8:51
  Speaker 1: it's got the admonition on page 1. The body of
• 8:55
  Speaker 1: the 1102 statement is there on pages 1 and 2.
• 8:59
  Speaker 1: I would say number 4 is kind of the foundational statement,
• 9:02
  Speaker 1: paragraph 4, but the self-authentication portion... is the notary acknowledgement
• 9:06
  Speaker 1: on page 3. All right, turning to Mr. Novak. The defense.
• 9:12
  Speaker 1: Thank you, Your Honor. Thank you, Mr. McBride. So the court, obviously,
• 9:15
  Speaker 1: because the court can decide how much of this we
• 9:18
  Speaker 1: discuss in open court, how much we discuss at bar,
• 9:21
  Speaker 1: so to speak, sidebar, there is initially a fundamental relevance
• 9:24
  Speaker 1: problem with this 1102. There are other issues, but I
• 9:28
  Speaker 1: think that just to help the court parse the evidentiary issues,
• 9:31
  Speaker 1: we should start with the relevance. There are sub-issues. There's
• 9:35
  Speaker 1: also a problem under 1102 because if the court looks
• 9:38
  Speaker 1: at the last paragraph of this, Mr. Englehart, who is
• 9:41
  Speaker 1: the purported author, refers to himself in the third person,
• 9:44
  Speaker 1: so it's not clear to me who actually wrote the report.
• 9:47
  Speaker 1: And as Your Honor knows, 1102 says that prosecutors are
• 9:51
  Speaker 1: not to assist witnesses in writing their own 1102 reports.
• 9:55
  Speaker 1: That's not my primary concern, although I think it's an
• 9:58
  Speaker 1: important issue because that's what the rules require. But the
• 10:02
  Speaker 1: real question is relevance. And I guess the question is,
• 10:05
  Speaker 1: does the court want me to do the speaking objection?
• 10:07
  Speaker 1: Because the court said no speaking objections. Should we approach sidebar?
• 10:11
  Speaker 1: How does the court want to handle it? The people
• 10:13
  Speaker 1: can move their exhibits into evidence whenever they wish. I
• 10:17
  Speaker 1: wasn't aware we were going to do it at this moment.
• 10:19
  Speaker 1: I'm ready to proceed, but the question is how the
• 10:22
  Speaker 1: court wants to handle these objections. I'm prepared to keep
• 10:25
  Speaker 1: going in open court, but it's what the court referred
• 10:28
  Speaker 1: to as a speaking objection. Judge Graff, no, I appreciate that.
• 10:33
  Speaker 1: As it relates to, well, so here's my question for you, Mr. Novak.
• 10:36
  Speaker 1: And again, I appreciate your discretion in highlighting that point.
• 10:41
  Speaker 1: Do you anticipate your argument being of the nature that
• 10:44
  Speaker 1: would defeat the purpose of, if the court does not
• 10:46
  Speaker 1: admit this, that you've already let the cat out of
• 10:49
  Speaker 1: the bag with your argument? Or do you feel that
• 10:51
  Speaker 1: you can make your argument without comprising or compromising what
• 10:55
  Speaker 1: is in the 1102 so the purpose, if excluding, is
• 10:58
  Speaker 1: still preserved? Defense, I'll go as far as I think
• 11:03
  Speaker 1: I can go, and we'll just see. I do think
• 11:06
  Speaker 1: I'm not trying to conceal from anybody in the courtroom
• 11:09
  Speaker 1: or the public our concerns. All right, folks, we're going
• 11:11
  Speaker 1: to wrap up right here. And in the next episode,
• 11:13
  Speaker 1: we're going to pick up with the defense making their argument.
• 11:17
  Speaker 1: All the information that goes with this episode can be
• 11:19
  Speaker 1: found in the description box.