Latest / The Vault: The Epstein Files / Tyler Robinson Files Post-Preliminary Hearing Status Report on Discovery (Part 2) (8/30/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome back to the program. In
- 0:03Speaker 1: this episode, we're going to pick up where we left
- 0:05Speaker 1: off with Tyler Robinson and his latest filing in regards
- 0:10Speaker 1: to discovery to digital evidence requiring specialized processing and analysis.
- 0:16Speaker 1: The discovery produced in this matter includes a substantial volume
- 0:20Speaker 1: of digital evidence that requires forensic processing before substantive review
- 0:26Speaker 1: can be completed. Specifically, on March 13, 2026, the defense
- 0:31Speaker 1: received a hard drive containing approximately 12.1 terabytes of digital
- 0:36Speaker 1: forensic data, with 6,425 folders and 613,023 files. This production
- 0:44Speaker 1: includes extractions of six mobile devices, 14 forensic images of
- 0:50Speaker 1: computer hard drives, and seven warrant returns or account records
- 0:54Speaker 1: produced by third-party service providers. Before reviewing these data, each
- 0:59Speaker 1: data source must first be imported into an appropriate forensic
- 1:03Speaker 1: analysis platform and processed so that the underlying files, databases,
- 1:08Speaker 1: application records, system information, and metadata can be identified and
- 1:13Speaker 1: made available for examination. Depending upon the source and format
- 1:18Speaker 1: of the evidence, this work is performed using forensic tools
- 1:22Speaker 1: including Celebrite, Physical Analyzer, Magnet, Axiom, Forensic Toolkit, and other
- 1:29Speaker 1: specialized software. The mobile device extractions contain approximately 2,915,822 individual
- 1:38Speaker 1: artifacts generated by the devices and their applications, including text
- 1:43Speaker 1: messages and other communications, call records, contacts, photographs and videos,
- 1:49Speaker 1: internet activity, application data, location-related information, files and attachments, system records,
- 1:56Speaker 1: deleted or partially recovered data, and associated timestamps and metadata.
- 2:02Speaker 1: The forensic software parses the underlying device database and file
- 2:06Speaker 1: systems to organize this data into a form that can
- 2:09Speaker 1: be searched and reviewed. The computer hard drive images contain
- 2:13Speaker 1: approximately 4,887,847 individual artifacts associated with user activity, applications, operating systems,
- 2:25Speaker 1: and other data stored within the image file system. The
- 2:29Speaker 1: forensic images of the computer's hard drive require a comparable process.
- 2:34Speaker 1: As part of the processing workflow, each image must be
- 2:37Speaker 1: verified against its hash value to confirm the integrity of
- 2:41Speaker 1: the forensic copy and then ingested into forensic software. The
- 2:46Speaker 1: initial service provider returns the Apple, Google, Discord, AT & T,
- 2:52Speaker 1: and Verizon amount to approximately 183 GB. These third-party returns
- 2:58Speaker 1: constitute a separate category of digital discovery. Additionally, on August 18, 2026,
- 3:03Speaker 1: the defense received another return from Apple totaling approximately 170 GB,
- 3:11Speaker 1: which has not yet been processed or reviewed. Returns from
- 3:14Speaker 1: providers such as Apple, Google, and Discord contain account information, communications, attachments,
- 3:21Speaker 1: activity logs, metadata, and other records and formats specific to
- 3:25Speaker 1: each provider. The Discord return alone contains over 1 million communications.
- 3:32Speaker 1: Returns from carriers such as AT & T and Verizon
- 3:35Speaker 1: contain cell site location information. In this case, there are
- 3:40Speaker 1: at least 25,253 location records. These records are either processed
- 3:45Speaker 1: into report format or mapped, then organized, reviewed, and where
- 3:49Speaker 1: appropriate compared with evidence obtained from the relevant devices, computer images,
- 3:54Speaker 1: or other sources of similar data. The review therefore proceeds
- 3:59Speaker 1: in stages 1. Verifying and organizing the source data, 2.
- 4:04Speaker 1: Importing and processing the data with appropriate forensic platforms, 3.
- 4:09Speaker 1: Identifying and categorizing potentially relevant artifacts, 4. Conducting targeted searches
- 4:16Speaker 1: and substantive review, and 5. cross-referencing information among the devices,
- 4:21Speaker 1: computer images, and provider returns. The forensic processing and substantive
- 4:27Speaker 1: review is ongoing. The following chart indicates the current stage
- 4:31Speaker 1: of review for each type of data described above. Mobile
- 4:35Speaker 1: device extraction stage 2. Computer hard drive extraction stage 2.
- 4:40Speaker 1: Returns from service providers stage 1. Additionally, on July 20th, 2026,
- 4:46Speaker 1: the defense received a hard drive containing approximately 660 gigabytes
- 4:51Speaker 1: of FARO 3D data. Unlike the device extractions and provider
- 4:56Speaker 1: returns described above, these data are not communications or user files.
- 5:01Speaker 1: They are high density spatial measurement data files that must
- 5:05Speaker 1: be processed and registered into a navigable 3D representation before
- 5:09Speaker 1: they can be examined or interpreted. This FARO production includes
- 5:14Speaker 1: the raw scan data rather than a finished report or
- 5:17Speaker 1: exported images, possession of the raw data therefore does not,
- 5:20Speaker 1: standing alone, permit counsel to meaningfully assess the scene, reconstruction
- 5:25Speaker 1: or any measurements, representations or conclusions derived from it. Reviewing
- 5:30Speaker 1: the raw FARO 3D data requires both specialized software capable
- 5:34Speaker 1: of processing, registering and displaying the individual scans, and resulting
- 5:39Speaker 1: point cloud data such as FARO Scene and Zone 3D
- 5:43Speaker 1: and technical expertise necessary to operate that software and evaluate
- 5:47Speaker 1: the resulting reconstruction and measurements. Meaningful review of one party's
- 5:52Speaker 1: thorough representation requires the other party to identify and retain
- 5:56Speaker 1: a qualified expert with the appropriate software and training to
- 5:59Speaker 1: process the data and assist counsel in evaluating both the
- 6:03Speaker 1: underlying scans and any reconstruction, measurement, or conclusions derived from them.
- 6:10Speaker 1: That work constitutes a separate technical review process which is
- 6:14Speaker 1: qualitatively different from and in addition to the forensic processing
- 6:18Speaker 1: and substantive review of the mobile devices, computer images, and
- 6:23Speaker 1: third-party provider data described above. 3. Forensic Discovery Disputes and
- 6:28Speaker 1: the Forthcoming Motion Attached to the defense's motion to continue
- 6:33Speaker 1: the prelim hearing was a March 25, 2026 second request
- 6:37Speaker 1: for DNA and other forensic discovery following the defense's September 30,
- 6:43Speaker 1: 2025 formal request for discovery pursuant to URCP 16 and
- 6:48Speaker 1: request for 404B, notice Docket 61. The state responded to
- 6:54Speaker 1: the second request for discovery by providing the defense cover
- 6:57Speaker 1: letters and other material from the FBI and the ATF,
- 7:01Speaker 1: which indicated that some, but certainly not all, of the
- 7:04Speaker 1: material requested in the second request was being provided prior
- 7:08Speaker 1: to the prelim hearing. In addition, in its opposition to
- 7:12Speaker 1: the defense's motion, to continue the prelim hearing, the state
- 7:16Speaker 1: took the position that because the expert notice requirements, including
- 7:20Speaker 1: discovery of foundational material, are expressly excluded from the prelim
- 7:23Speaker 1: hearing by the expert notice statute, defendant has no basis
- 7:27Speaker 1: for seeking a continuance on the grounds of allegedly inadequate
- 7:31Speaker 1: expert discovery, docket 467 at 10. During the prelim hearing itself,
- 7:37Speaker 1: when the defense sought to question the FBI's DNA expert
- 7:40Speaker 1: about the reliability of her results, THE STATE OBJECTED CLAIMING
- 7:43Speaker 1: THAT STUDIES SUPPORTING THIS SCIENCE, STUDIES OPPOSING THIS SCIENCE, TESTIMONY
- 7:48Speaker 1: FROM THIS EXPERT OR THAT EXPERT ABOUT WHAT IS RELIABLE,
- 7:52Speaker 1: WHAT IS NOT, WHAT'S MORE RELIABLE, WHAT'S LESS RELIABLE, FACTORS
- 7:55Speaker 1: THAT AFFECT ALL THOSE DETERMINATIONS, THOSE ARE ALL VERY COMPLEX DECISIONS.
- 8:01Speaker 1: THERE WILL BE PROBABLY MULTI-DAY HEARINGS DEALING WITH THAT, AND
- 8:04Speaker 1: A PROBABLE CAUSE DETERMINATION IS NOT THE PLACE TO CONDUCT
- 8:07Speaker 1: THAT KIND OF THOROUGH, IN-DEPTH AND SEARCHING ANALYSIS. Preliminary hearing
- 8:13Speaker 1: transcript July 7th, 2026 at 172. In preparation for this
- 8:19Speaker 1: extensive reliability hearing that the state alluded to, the defense
- 8:23Speaker 1: is in the process of working with its retained experts
- 8:26Speaker 1: to prepare expert declarations which will be filed in support
- 8:29Speaker 1: of a motion to compel the forensic discovery that the state,
- 8:33Speaker 1: through the FBI and the ATF, has refused to provide.
- 8:37Speaker 1: The discovery litigation is the necessary next step to moving
- 8:40Speaker 1: the case forward. At the hearing on September 1, 2026,
- 8:44Speaker 1: the defense will request that the court set a briefing
- 8:47Speaker 1: schedule for the filings and hearing of a discovery motion
- 8:51Speaker 1: addressing these issues. Conclusion Now that Mr. Robinson's defense team
- 8:56Speaker 1: has had an opportunity to prepare this comprehensive and up-to-date
- 8:59Speaker 1: status report on discovery, it will, if requested by the court,
- 9:03Speaker 1: to do so, provide the court with regular written updates
- 9:07Speaker 1: in advance of future hearings in this matter. Respectfully Submitted
- 9:12Speaker 1: this 28th day of August, 2026. And this was signed
- 9:16Speaker 1: by Kathy Nestor, Richard Novak, Michael Burt, and Stacey Visser.
- 9:21Speaker 1: All the information that goes with this episode can be
- 9:24Speaker 1: found in the description box.