Latest / Beyond The Horizon / Tyler Robinson Files Post-Preliminary Hearing Status Report on Discovery (Part 2) (8/31/26)

Transcript

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