Latest / The Vault: The Epstein Files / Tyler Robinson Preliminary Hearing Transcript (Day 5 Part 5) (10/24/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome back to the program. In
- 0:03Speaker 1: this episode, we're going to dive right back in to
- 0:05Speaker 1: day number five transcript from the Tyler Robinson prelim hearing.
- 0:09Speaker 1: And we have the defense questioning Caitlin Oliver. Question, all right.
- 0:15Speaker 1: And then the other sort of limitation convey that the
- 0:18Speaker 1: DNA results cannot be interpreted as the analyst providing an
- 0:22Speaker 1: opinion regarding who the source of the DNA is. Answer, yeah,
- 0:26Speaker 1: so This is, once again, we don't make source attribution statements.
- 0:31Speaker 1: We will say they're support for inclusion, and then we
- 0:34Speaker 1: back that up with a statistic. Question, so, from a
- 0:38Speaker 1: scientific standpoint, you couldn't read the paragraph that sets out
- 0:41Speaker 1: the likelihood ratio in your report, whatever the number, and
- 0:44Speaker 1: then blast a headline in the media? Mr. Robinson's DNA
- 0:47Speaker 1: is found on this item. That's a source attribution, is
- 0:51Speaker 1: it not? Answer, correct. Question, and that would not be
- 0:55Speaker 1: scientifically defensible, would it? Answer, correct. Question, okay. Another limitation
- 1:00Speaker 1: they talk about, on likelihood ratios on the next page,
- 1:04Speaker 1: please 137. Likelihood ratios cannot speak to the likelihood of
- 1:08Speaker 1: a proposition only to the probability of the results given
- 1:12Speaker 1: a pair of propositions. Do you agree with that? Answer, yes. Question,
- 1:17Speaker 1: explain that because there's a little above my pay grade
- 1:19Speaker 1: in terms of understanding. Answer, so a likelihood ratio of
- 1:24Speaker 1: statistic compares the probability of of the DNA profile of
- 1:27Speaker 1: the evidence given to competing hypothesis or competing scenarios. Typically,
- 1:33Speaker 1: the first is that the person of interest is included,
- 1:36Speaker 1: and then, the exclusionary hypothesis would be that the person
- 1:40Speaker 1: of interest is excluded, so there's a random, unknown, unrelated
- 1:44Speaker 1: individual contributing. Question, and when they're elaborating on that point,
- 1:50Speaker 1: they say, a likelihood ratio indicates if, and to what
- 1:54Speaker 1: extent the DNA analysis results support one proposition over another.
- 1:58Speaker 1: Is it not possible on this basis alone to determine
- 2:01Speaker 1: which is the most probable proposition? Do you agree with that?
- 2:05Speaker 1: Answer yes. Question okay. And then the next limitation they
- 2:08Speaker 1: suggest you convey is that convey the DNA statistics cannot
- 2:12Speaker 1: imply uniqueness with a population. Do you agree with that?
- 2:16Speaker 1: That it's a legitimate limitation? Answer yes. Question and explain
- 2:20Speaker 1: what that means. Does that go back to the issue
- 2:23Speaker 1: of source? You can't assign a source. To a DNA sample? Answer, correct. Question, okay.
- 2:29Speaker 1: It says you should delineate the meaning of verbal qualifier,
- 2:33Speaker 1: but you didn't use one in this case, right? Answer, correct. Question, okay.
- 2:39Speaker 1: Now you mentioned that your testing cannot, and correct me
- 2:41Speaker 1: if I'm wrong, I don't want to mischaracterize it. None
- 2:44Speaker 1: of the testing in any of the three reports can
- 2:46Speaker 1: answer the question of how and when DNA got deposited.
- 2:50Speaker 1: Is that true? Answer, that is true. DNA cannot speak
- 2:53Speaker 1: to the activity that led to the deposition of the DNA. Question,
- 2:58Speaker 1: and the report says, with regard to that issue, with
- 3:01Speaker 1: the increased sensitivity of DNA techniques and sophisticated software, a
- 3:06Speaker 1: DNA profile may be developed when the contributor of the
- 3:09Speaker 1: DNA never touched the item or area that was swabbed. Alternatively,
- 3:14Speaker 1: a person's DNA may be present when they were not
- 3:17Speaker 1: involved in the crime. Do you agree with that? Answer, Yes.
- 3:21Speaker 1: Once again, I cannot speak to the activity. Question. Can
- 3:25Speaker 1: you explain how it's possible that a DNA profile may
- 3:28Speaker 1: be developed even when the contributor of that DNA never
- 3:31Speaker 1: touched the item or area that was swabbed? Answer. So
- 3:35Speaker 1: it's possible if, say, the pen that you're sitting there
- 3:37Speaker 1: using for the week, you say, hand it off to
- 3:40Speaker 1: the judge and the judge then touches it for a
- 3:42Speaker 1: period of time and then I swab it. It doesn't
- 3:45Speaker 1: speak to who handled it last. I could test that.
- 3:48Speaker 1: I could test both your profiles. I wouldn't know which
- 3:50Speaker 1: person was the last person to handle the item. Question.
- 3:55Speaker 1: All right. And similarly, if you had a lot of
- 3:57Speaker 1: DNA on your hand, we shook hands. I then went
- 4:00Speaker 1: to pick up an exhibit, a gun. I touched the
- 4:02Speaker 1: trigger of it. Your DNA could be on that trigger, right? Answer.
- 4:06Speaker 1: It's possible. Yes. Question. Okay. Even though you've never touched
- 4:10Speaker 1: the gun. Answer. Yes. Question. And that's why, because of
- 4:15Speaker 1: those possibilities, you can't make any assessment. of how or
- 4:19Speaker 1: when DNA got deposited, correct? Answer, correct. Question, how long
- 4:25Speaker 1: can DNA persist on an item? Answer, well, DNA is
- 4:28Speaker 1: quite stable over time. It can be broken down due
- 4:31Speaker 1: to environmental insults. So things like heat and humidity are
- 4:35Speaker 1: known to break down DNA over time. But I couldn't
- 4:37Speaker 1: give you an exact number. Question, were certain of the
- 4:41Speaker 1: samples that you tested in this case degraded samples? Answer,
- 4:45Speaker 1: there was degradation present in some of the samples. Question.
- 4:49Speaker 1: And what can cause degradation? Answer. Like I said, there's
- 4:53Speaker 1: environmental insults, heat, humidity. Question. Now, the second report that
- 4:58Speaker 1: you wrote had to do with the Dremel item that
- 5:01Speaker 1: was taken from Mr. Robinson's home. Answer. Correct. Question. Did
- 5:06Speaker 1: you request certain, what are called, elimination samples in regard
- 5:09Speaker 1: to items that were recovered from his home? Answer. Yes. Question.
- 5:14Speaker 1: Tell the court what an elimination sample is, as opposed
- 5:17Speaker 1: to a sample that relates to what's called a POI,
- 5:21Speaker 1: a person of interest. Answer. So, an elimination sample is
- 5:25Speaker 1: a sample taken from a known individual that it may
- 5:28Speaker 1: be assumed that they could have come into contact with it.
- 5:31Speaker 1: If I were to say, swab your vehicle, then I
- 5:33Speaker 1: want your DNA sample as an elimination to eliminate you
- 5:37Speaker 1: in order to look for any additional DNA that may
- 5:39Speaker 1: be there. Question. And you say they're assumed contributors because
- 5:44Speaker 1: depending upon the location, for instance, somebody's house, you would
- 5:48Speaker 1: expect if there were multiple people in that house, that
- 5:50Speaker 1: perhaps everybody in the house could contribute to certain DNA results. Answer,
- 5:55Speaker 1: it's possible. Question, so you'd want samples from all those
- 5:59Speaker 1: folks to see if they contributed to an item that
- 6:01Speaker 1: would be associated with a place where they congregated. Answer, correct. Question,
- 6:06Speaker 1: and I noticed from your case file that you also requested,
- 6:10Speaker 1: but I don't think you received, elimination samples from agents
- 6:13Speaker 1: who are involved in the case. Answer, correct. Question, why
- 6:19Speaker 1: do you request those samples? Answer, the type of testing
- 6:22Speaker 1: we perform is quite sensitive. So it's standard practice that
- 6:26Speaker 1: we request elimination samples from any investigators involved in order
- 6:31Speaker 1: to potentially eliminate them in case they could have contaminated
- 6:34Speaker 1: the evidence. Question, okay. Now in report 157, if you
- 6:39Speaker 1: could bring that up, please. Oliver 157, which has been admitted.
- 6:44Speaker 1: The elimination samples that you requested in connection with items
- 6:48Speaker 1: seized from Mr. Robinson's apartment were from Amber Robinson, Matthew Robinson,
- 6:53Speaker 1: and Lance Twiggs, correct? Answer, correct. Question, and that's because
- 6:57Speaker 1: you had information that those people were associated with the house? Answer, correct. Question,
- 7:04Speaker 1: and when you tested or compared, first of all, you
- 7:06Speaker 1: determined their DNA types, right? Answer, correct. Question, And then
- 7:11Speaker 1: you compare their types to what you'd found on the evidence. Answer, correct. Question.
- 7:16Speaker 1: And for a certain number of those samples, you found
- 7:19Speaker 1: the presence of DNA in your elimination samples, not because
- 7:22Speaker 1: they were suspects, but because they were associated with the premises, right? Answer.
- 7:27Speaker 1: There was support for inclusion of some of these individuals, yes. Question, okay.
- 7:32Speaker 1: And if you could scroll down to page four, which
- 7:35Speaker 1: is the table. I just want to review briefly with you,
- 7:38Speaker 1: for instance, item number 1.4. which was a swab from
- 7:42Speaker 1: the rifle. You used the elimination sample of Mr. Robinson's
- 7:45Speaker 1: father and you found his DNA on that particular swab, correct? Answer,
- 7:52Speaker 1: I would say there was support for inclusion of Matthew
- 7:54Speaker 1: Robinson on the sample obtained from the swabs of the
- 7:57Speaker 1: bolts of the rifle. Question, I'm glad you pointed that out.
- 8:01Speaker 1: That's again consistent with your testimony. You're talking again about
- 8:06Speaker 1: support for inclusion as a possible contributor. Answer, correct. And
- 8:11Speaker 1: there would have been a likelihood ratio statistic calculated to
- 8:14Speaker 1: go along with that. Question okay. Could you go to
- 8:18Speaker 1: the next page? Similarly, with respect to 1.6, you found
- 8:22Speaker 1: again Matthew Robinson on swab 1.6 or a profile that
- 8:26Speaker 1: indicated he was a possible contributor. Answer their support for
- 8:30Speaker 1: inclusion of Matthew Robinson. Question okay. And next page. Actually
- 8:36Speaker 1: go two pages to page seven. you found support for
- 8:39Speaker 1: inclusion of Lance Twiggs on swabs of buttons of a
- 8:42Speaker 1: Dremel tool, correct? Answer, correct. Question, and going back to
- 8:46Speaker 1: what we were talking about before, if a person named
- 8:49Speaker 1: Lance Twiggs lived in that residence, came into contact with
- 8:52Speaker 1: Tyler Robinson, and even touched a button on a Dremel tool,
- 8:56Speaker 1: you'd expect Mr. Robinson and Mr. Twiggs' DNA to be
- 8:59Speaker 1: on there, right? Or you could. Answer, it's reasonable to
- 9:04Speaker 1: assume that anyone living in the household could have contributed
- 9:07Speaker 1: to DNA. on an object found in that household. Question,
- 9:11Speaker 1: and similarly, you found profiles to suggest support for inclusion
- 9:15Speaker 1: of Mr. Twigs on other areas of the Dremel tool, correct? Answer, correct. Question, okay. Now,
- 9:22Speaker 1: the last area I want to ask you about is,
- 9:25Speaker 1: are you familiar with something called NGS? Answer, yes. Question,
- 9:30Speaker 1: what is NGS? Answer, NGS stands for Next Generation Sequencing.
- 9:35Speaker 1: It's a DNA technique that sequences your DNA, so it
- 9:38Speaker 1: looks at the individual sequence of your DNA. Question, and
- 9:44Speaker 1: is it true in your field, that whole area of
- 9:46Speaker 1: NGS is something that's at the forefront of everybody's attention?
- 9:50Speaker 1: For instance, when you go to seminars and you look
- 9:53Speaker 1: at the presentations, there's a lot of talk about NGS, right? Answer,
- 9:57Speaker 1: that's correct. Yes, it's a newer technique. Question, and it's
- 10:01Speaker 1: being developed by ATF as a technique that's going to
- 10:04Speaker 1: be used or has been used. Answer, not at this time, no. Question,
- 10:09Speaker 1: and there are plans to do that. Answer, not at
- 10:12Speaker 1: this time, no. Question, okay, do you know of other
- 10:15Speaker 1: labs that have implemented it? Answer, I believe there may
- 10:18Speaker 1: be some laboratories in the US that have it in use,
- 10:21Speaker 1: but I wouldn't have direct knowledge of it. Question, now
- 10:25Speaker 1: you used a program in this case called STR-MIX, correct? Answer, correct. Question,
- 10:31Speaker 1: and that's sold by a company in New Zealand, that software. Answer, correct. Question,
- 10:36Speaker 1: have they developed another program called STR-MIX NGS? Answer, I'm
- 10:41Speaker 1: not aware of an NGS software. Question, could you go
- 10:45Speaker 1: to 156, Oliver 156? Let me know when you're there.
- 10:49Speaker 1: Are you aware that the developers are selling a product
- 10:52Speaker 1: called STR Mix NGS? Answer, I was not aware, no.
- 10:56Speaker 1: All right, folks, we're going to wrap up right here.
- 10:58Speaker 1: And in the next episode, we're going to pick up
- 11:00Speaker 1: where we left off. All the information that goes with
- 11:03Speaker 1: this episode can be found in the description box.