Latest / The Epstein Chronicles / Tyler Robinson Preliminary Hearing (Day 6 Part 3) (10/26/26)

Transcript

Tyler Robinson Preliminary Hearing (Day 6 Part 3) (10/26/26) · 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 dive right back in to
• 0:06
  Speaker 1: day number six of the Tyler Robinson transcript. And we
• 0:10
  Speaker 1: left off with Judge Graff making a ruling. Defendant objects
• 0:16
  Speaker 1: to the court's previous order, which allowed both KUTV and
• 0:20
  Speaker 1: the Salt Lake Tribune to obtain newspapers still photography at
• 0:23
  Speaker 1: the hearing. Defendant points to the extreme physical limitations of
• 0:27
  Speaker 1: the fourth district court's courtroom and Noting that the gallery
• 0:31
  Speaker 1: is at capacity, the jury boxes filled with media and
• 0:34
  Speaker 1: counsel tables are congested. Defendant argues that the presence of
• 0:38
  Speaker 1: multiple still photographers, their associated lenses, tripods, and movements will
• 0:43
  Speaker 1: create a highly distractive and disruptive environment. Defendant's objection concerning
• 0:48
  Speaker 1: physical facilities is sustained in part. Rule 4-401.01 directs the
• 0:54
  Speaker 1: court to consider the adequacy of the courtroom facility's and
• 0:58
  Speaker 1: ordinarily limits coverage to one video camera and one still camera,
• 1:02
  Speaker 1: unless otherwise approved. The record before this court reflects that
• 1:05
  Speaker 1: the public gallery is at capacity. Media representatives occupy the
• 1:10
  Speaker 1: jury box and the area surrounding council table is confined.
• 1:14
  Speaker 1: Additional camera operators would increase movement and equipment in that
• 1:18
  Speaker 1: limited space without materially increasing public access to the proceedings. Accordingly,
• 1:24
  Speaker 1: KUTV may operate one stationary video camera and provide pool
• 1:28
  Speaker 1: video coverage, and the Salt Lake Tribune may operate one
• 1:32
  Speaker 1: stationary still camera and provide pool photography. KUTV's additional request
• 1:37
  Speaker 1: for separate still photographer is denied. The pooling requirement of
• 1:41
  Speaker 1: Rule 4-401.01 applies. As it relates to witnesses and participant
• 1:47
  Speaker 1: privacy decorum and protective measures, the court takes very seriously
• 1:52
  Speaker 1: defendants' representations concerning unwanted contacts involving individuals whose information become
• 1:57
  Speaker 1: public following the July prelim hearing. The present record does
• 2:01
  Speaker 1: not require the court to determine the precise nature, source,
• 2:05
  Speaker 1: or extent of those contacts because no witness will testify
• 2:09
  Speaker 1: at the September hearing. This hearing proceeding is limited to
• 2:13
  Speaker 1: legal argument by counsel and will involve no live testimony.
• 2:17
  Speaker 1: While the court cannot regulate the behavior of reporters or
• 2:20
  Speaker 1: the public outside the courthouse, the court has both the
• 2:23
  Speaker 1: authority and responsibility to protect privacy, safety, and dignity of
• 2:28
  Speaker 1: the participants inside the courtroom. This duty is addressed to
• 2:32
  Speaker 1: the strict enforcement of the court's amended standing decorum order,
• 2:36
  Speaker 1: effective August 28, 2026, and the limitations in Rule 4-401.01-6,
• 2:43
  Speaker 1: To reduce the identified risk of distraction or privacy invasion,
• 2:48
  Speaker 1: the court enforces the following mandatory conditions on all electronic
• 2:51
  Speaker 1: media coverage of the September 1st hearing. There shall be
• 2:55
  Speaker 1: no audio recording, filming, or photography of any confidential communication
• 3:00
  Speaker 1: between counsel and client, between clients, or between counsel at
• 3:05
  Speaker 1: counsel table or during bench conferences. There shall be no
• 3:09
  Speaker 1: electronic media coverage of any juror, prospective juror, or the
• 3:12
  Speaker 1: face of any minor. KUTV's video camera and operator must
• 3:17
  Speaker 1: be positioned in the rear southeast corner of the courtroom.
• 3:21
  Speaker 1: What must remain stationary and must utilize wide-angle shot of
• 3:24
  Speaker 1: the courtroom, the camera shall not zoom in on any writings,
• 3:28
  Speaker 1: computer screens, or sensitive documents at council tables. Still photographs
• 3:33
  Speaker 1: by the Salt Lake Tribune must be conducted from a
• 3:36
  Speaker 1: stationary position behind the bar and the camera must operate
• 3:39
  Speaker 1: silently without the use of flash or strobe lights. Still
• 3:43
  Speaker 1: photographers shall not move around the courtroom while court is
• 3:47
  Speaker 1: in session. Any restrictions on photographing identifiable family members shall
• 3:52
  Speaker 1: be governed by the rules, by the court's amended standing
• 3:55
  Speaker 1: decorum order, and the court's authority under Rule 4-401.01. Nothing
• 4:00
  Speaker 1: in this order extends those restrictions beyond the areas of
• 4:04
  Speaker 1: circumstance authorized by the applicable rule or order. There shall
• 4:09
  Speaker 1: be no video recording, audio recording, or stole photography inside
• 4:12
  Speaker 1: the courtroom before the judge enters or after the court
• 4:15
  Speaker 1: is in recess or adjourned. Failure to comply with any
• 4:19
  Speaker 1: of these conditions may result in the termination of electronic
• 4:24
  Speaker 1: media privileges, removal from the courtroom, contempt proceedings, or other
• 4:28
  Speaker 1: appropriate sanctions under Rule 4-401.01, Sub 5, and the Decorum Order.
• 4:36
  Speaker 1: A willful or material violation may result in immediate termination
• 4:40
  Speaker 1: of electronic media privileges, removal from the courtroom, contempt proceedings,
• 4:44
  Speaker 1: or other appropriate sanctions. Turning to the defendant's motion to
• 4:48
  Speaker 1: classify and presumption of public access to court records, defendant
• 4:52
  Speaker 1: moves this court pursuant to Utah Rule of Judicial Administration 4-202.4-3
• 4:58
  Speaker 1: to permanently classify the under-redacted versions of his oppositions to KUTV,
• 5:05
  Speaker 1: and the Salt Lake Tribune's EMC requests as protected. Defendant
• 5:10
  Speaker 1: argues that the unredacted filings publicly identify and link to
• 5:14
  Speaker 1: specific online prediction and betting markets that reference these proceedings,
• 5:19
  Speaker 1: and that the publishing of information in the public court
• 5:22
  Speaker 1: records would move markets, draw speculative interest to his capital case,
• 5:27
  Speaker 1: and jeopardize the integrity of the jury pool. The news
• 5:30
  Speaker 1: media opposes this motion, citing the presumptive public right of
• 5:34
  Speaker 1: access to criminal records. Following the closure hearing required by
• 5:39
  Speaker 1: Rule 4-202.04 and after considering the party submissions and arguments
• 5:45
  Speaker 1: presented at the hearing and the unredacted filings, the court
• 5:49
  Speaker 1: denies defendant's motion to classify. Rule 4-202.04 identifies the circumstances
• 5:57
  Speaker 1: in which court may classify or redact information. The defendant
• 6:01
  Speaker 1: has not demonstrated that specific URLs, market identifiers, or transaction
• 6:06
  Speaker 1: information at issue fall within one of those categories that
• 6:10
  Speaker 1: provides an independent basis for denying the requested classification. Even
• 6:16
  Speaker 1: assuming for the purpose of analysis that subsection 5 could
• 6:19
  Speaker 1: be satisfied, the court further concludes that balancing required by
• 6:24
  Speaker 1: subsection 6 favors public access. While the court filings can
• 6:28
  Speaker 1: be restricted when competing interests outweigh the public interest in access,
• 6:32
  Speaker 1: defendant bears the burden associated with relief requested. Applying Rule 4-202.04
• 6:39
  Speaker 1: to the specific information identified in the motion, the court
• 6:42
  Speaker 1: concludes that the asserted interests do not justify the requested
• 6:46
  Speaker 1: classification or redaction on the present record. First, Rule 4-202.02-1
• 6:54
  Speaker 1: presumes public access to court records and Archuleta recognizes that
• 6:58
  Speaker 1: a presumptive right to access to documents filed in connection
• 7:02
  Speaker 1: with a criminal preliminary hearing. The presumption is qualified. In Archuleta,
• 7:08
  Speaker 1: does the Utah Supreme Court recognize presumptive access but nevertheless
• 7:12
  Speaker 1: affirmed nondisclosure where the particular documents contained sensitive and inflammatory
• 7:17
  Speaker 1: information and disclosure posed a realistic likelihood of prejudice? The
• 7:22
  Speaker 1: present record is materially different. The information defendant seeks to
• 7:27
  Speaker 1: redact consists principally of publicly accessible market links and associated
• 7:32
  Speaker 1: market data, rather than previously undisclosed inflammatory allegations exceeding what
• 7:38
  Speaker 1: was revealed in the open proceeding. Second, the information defendant
• 7:42
  Speaker 1: seeks to shield, namely the existence of specific online prediction
• 7:46
  Speaker 1: market and betting pool targeting his homicide case, is already
• 7:50
  Speaker 1: widely available and easily accessible to the general public on
• 7:54
  Speaker 1: the internet. The prior public availability of the information does
• 7:59
  Speaker 1: not itself eliminate the court's authority to classify or redact
• 8:02
  Speaker 1: a court record. It does, however, substantially reduce the practical
• 8:06
  Speaker 1: protections that classification would provide and therefore diminishes the weight
• 8:11
  Speaker 1: of that interest in Rule 4-202.04, Sub 6 Balance. Here,
• 8:16
  Speaker 1: restricting access to the URLs would not remove the underlying
• 8:20
  Speaker 1: market or previously disseminated information from public availability. Third, the
• 8:25
  Speaker 1: court credits defendant's concerns concerning jury contamination and prediction markets
• 8:31
  Speaker 1: activity as genuine. The present record, however, does not establish
• 8:36
  Speaker 1: a sufficient particularized casual connection. Casual connection between public access
• 8:42
  Speaker 1: to these specific filings and the material incremental prejudice beyond
• 8:46
  Speaker 1: the extensive publicity that already exists. Fourth, because the court
• 8:51
  Speaker 1: concludes that Rule 4-202.04 states, Subbalance 6 favors access, I'm sorry,
• 8:57
  Speaker 1: subsection 6C does not require a separate finding concerning alternatives
• 9:01
  Speaker 1: to closure. Nevertheless, the availability of recognized jury selection safeguards
• 9:07
  Speaker 1: further supports the court's conclusion that classification is unwarranted on
• 9:11
  Speaker 1: the present record. Such safeguards may include an expanded veneer,
• 9:16
  Speaker 1: individualized jury questionnaires, an individualized voir dire, addressing exposure to publicity,
• 9:21
  Speaker 1: prediction markets, and any financial interest in the outcome. The
• 9:26
  Speaker 1: adequacy of those measures remains subject to reassessment as jury
• 9:30
  Speaker 1: selection approaches and the record develops. Considering the particular information
• 9:35
  Speaker 1: at issue, its existing public availability, the incremental rather than
• 9:39
  Speaker 1: initial disclosure involved, and the fair trial interest identified by
• 9:43
  Speaker 1: the defendant, the court concludes that the interest favoring access
• 9:47
  Speaker 1: outweighs the interest favoring classification on the present record. The
• 9:52
  Speaker 1: defendant's motion to classify must therefore be denied, and the
• 9:56
  Speaker 1: unredacted version of his opposition's must be made part of
• 9:59
  Speaker 1: the public record. In conclusion, based off the foregoing, particularized findings,
• 10:04
  Speaker 1: the procedural record, the oral arguments presented at September 1st hearing,
• 10:09
  Speaker 1: Closure hearing and the procedural mandates of the Utah Rules
• 10:12
  Speaker 1: of Judicial Administration is hereby order that defendant's motion to
• 10:16
  Speaker 1: classify defendant Tyler James Robinson's unredacted opposition to EMC order
• 10:21
  Speaker 1: is denied. The unredacted version of defendant's opposition shall be
• 10:26
  Speaker 1: unsealed and made publicly accessible in accordance with this order
• 10:30
  Speaker 1: on the public docket. KUTV's request for electronic media coverage
• 10:35
  Speaker 1: of court proceedings is granted in part and denied in part.
• 10:38
  Speaker 1: KUTV is permitted to provide live streaming of September 1st
• 10:42
  Speaker 1: oral arguments. KUTV's request for a separate still photography is denied.
• 10:47
  Speaker 1: The Salt Lake Tribune's request for electronic media coverage of
• 10:51
  Speaker 1: the court proceeding is granted. The Salt Lake Tribune is
• 10:54
  Speaker 1: permitted to provide still photography of the September 1st oral arguments.
• 10:58
  Speaker 1: The defendant's objection to KUTV and the Salt Lake Tribune's
• 11:02
  Speaker 1: EMC request are sustained in part and overruled in part.
• 11:06
  Speaker 1: Still photography of the September 1st hearing is strictly limited
• 11:10
  Speaker 1: to a single photographer from the Salt Lake Tribune, who
• 11:13
  Speaker 1: shall provide pool coverage to all other participating media agencies
• 11:18
  Speaker 1: in accordance to UCJA Rule 4-401.01 Sub 4. KUTV is
• 11:25
  Speaker 1: prohibited from operating still cameras in the courtroom. KUTV and
• 11:30
  Speaker 1: the Salt Lake Tribune shall strictly comply with the pooling
• 11:33
  Speaker 1: position and decorum conditions set forth in this order in
• 11:36
  Speaker 1: the court's amended standing decorum order. Based off the privacy, confidentiality,
• 11:42
  Speaker 1: and courtroom management findings set forth above, the electronic media
• 11:45
  Speaker 1: coverage shall not include confidential attorney-client communication, bench conferences, jury
• 11:51
  Speaker 1: or prospective, jurors or the faces of minors. The camera
• 11:55
  Speaker 1: operator shall remain in position designated above and shall comply
• 11:59
  Speaker 1: with the applicable polling requirements. Any additional restrictions concerning identifiable
• 12:05
  Speaker 1: family members shall apply only to extent authorized by the
• 12:08
  Speaker 1: court's amended standing decorum order and applicable rule 4-401.01. Following
• 12:15
  Speaker 1: the entry of this order, the court will separately resolve
• 12:19
  Speaker 1: the prelim hearing issues after the completion of argument. Nothing
• 12:22
  Speaker 1: in this order addresses or anticipates those determinations. I'm sorry,
• 12:27
  Speaker 1: the clerk. shall therefore thereafter make publicly accessible the unredacted filings,
• 12:32
  Speaker 1: the transcripts of the closure hearing, and the audio recording
• 12:36
  Speaker 1: of the closure hearing. It's so ordered, and that is
• 12:38
  Speaker 1: the order of this court. All right, folks, we're going
• 12:41
  Speaker 1: to wrap up right here, and in the next episode,
• 12:43
  Speaker 1: pick up where we left off. All the information that
• 12:47
  Speaker 1: goes with this episode can be found in the description box.