Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing (Day 6 Part 4) (10/28/26)

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Tyler Robinson Preliminary Hearing (Day 6 Part 4) (10/28/26) · Beyond The Horizon

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  Speaker 1: What's up everyone and welcome back to the program. In
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  Speaker 1: this episode, we're diving right back in to those transcripts
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  Speaker 1: from day number six of the Tyler Robinson prelim hearing.
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  Speaker 1: Once again, we have Judge Graff addressing the court. All right, counsel,
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  Speaker 1: I appreciate your patience as the court put that on
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  Speaker 1: the record. Let's go ahead and proceed to oral arguments
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  Speaker 1: for the prelim hearing. The court recognizes that the court
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  Speaker 1: could have issued, we could have had an oral argument
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  Speaker 1: at the conclusion of the prelim hearing. I'm going to
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  Speaker 1: take off these glasses. However, given the time and effort
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  Speaker 1: put in by counsel, the evidence presented, the court granted
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  Speaker 1: the request for a supplemental briefing and separate oral argument.
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  Speaker 1: The court also relied upon that time to examine the
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  Speaker 1: record again and again to ensure after oral argument that
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  Speaker 1: the court renders a bind over decision that balances the
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  Speaker 1: constitutional rights of the parties, takes in consideration the the
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  Speaker 1: oral arguments and issues, and appropriate bind-over ruling on each
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  Speaker 1: of the counts. As we proceed, I did state up
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  Speaker 1: to two hours per side. You're all very experienced and
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  Speaker 1: competent attorneys, and I believe that perhaps two hours for
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  Speaker 1: each side may not be necessary, but you were afforded
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  Speaker 1: that time. Just for housekeeping, we are now at almost
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  Speaker 1: the 12 o'clock hour. Let's address this so we now
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  Speaker 1: or know how we're moving forward, and essentially each side
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  Speaker 1: will have up to two hours. We can take a
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  Speaker 1: break between the parties and then the court's going to
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  Speaker 1: take up to an hour recess because I want to
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  Speaker 1: take in consideration your oral arguments prior to making my
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  Speaker 1: bind over decision. I find oral arguments helpful as what
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  Speaker 1: you communicate to me is insightful and it's important to
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  Speaker 1: me that I take full consideration of the arguments you
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  Speaker 1: present to me. With that in mind, counsel, how would
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  Speaker 1: we like to break up the next period? And it's
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  Speaker 1: to the prosecution. Thank you, judge. Ryan McBride's going to
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  Speaker 1: provide the first argument on behalf of the state. I
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  Speaker 1: believe he may take upwards of about 40 to 45
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  Speaker 1: minutes or so. It's not entirely known. That might be
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  Speaker 1: a good point to break for lunch, if the court
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  Speaker 1: anticipates that works for your honor's schedule, and then we
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  Speaker 1: would hear from the defense, and then I will have
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  Speaker 1: the final word on behalf of the state. Judge Graff,
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  Speaker 1: not to bind you to it, how much time are
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  Speaker 1: you anticipating? I mean, it may depend on what's argued, but... Prosecution.
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  Speaker 1: It'll depend on what's argued, but upwards of probably a
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  Speaker 1: half hour maximum. Judge Graff, okay, thank you. To the defense. Defense,
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  Speaker 1: thank you, your honor. We anticipate probably an hour, hour
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  Speaker 1: and 15 minutes in total for our argument. Just so
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  Speaker 1: the court's aware, I'll be handling most of that regarding
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  Speaker 1: the aggravator. Mr. Burt's available to answer questions as necessary
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  Speaker 1: about some of the evidence, the forensic evidence. And then Mr.
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  Speaker 1: Novak does have some commentary about some of the issues
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  Speaker 1: later in our brief. So that's the plan for the defense.
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  Speaker 1: Judge Graff, all right, thank you, I'm sorry. Defense, in
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  Speaker 1: regards to breaking for lunch, does that work well with
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  Speaker 1: how you're anticipating moving forward as well? Answer, yeah, that's great.
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  Speaker 1: Judge Graff, all right, so we'll go for 40 minutes
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  Speaker 1: on state's argument and then we'll break for one hour.
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  Speaker 1: Whenever they decide to break, we'll break for a one
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  Speaker 1: hour lunch, come back on the record and hear from
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  Speaker 1: defense and then finally to the state. After which time
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  Speaker 1: the court will take up an hour Recess to weigh
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  Speaker 1: the oral arguments and then issue the bind over decision
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  Speaker 1: on the record today, counsel. Prosecution, your honor. I wish
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  Speaker 1: I could launch into my argument now, but there's one
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  Speaker 1: more thing to address if I can approach your honor.
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  Speaker 1: Judge Graff, you may. Prosecution, I intend to publish some
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  Speaker 1: of the exhibits that were introduced at the prelim hearing.
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  Speaker 1: I've given you our notice of exhibits for use in
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  Speaker 1: the prelim hearing oral argument. As you see on page
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  Speaker 1: two there, I've provided a table specifically that list the
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  Speaker 1: exhibits I intend to use. Some of them were not
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  Speaker 1: published at all. I think it'd be helpful to go
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  Speaker 1: through those and then get the court's ruling on whether
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  Speaker 1: or not those may be published and to what extent,
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  Speaker 1: whether they may be recorded by the media or not.
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  Speaker 1: Looking at page three, state exhibit six, this was a
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  Speaker 1: video that was taken that included depicting some minors as
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  Speaker 1: well as the crowd. It was not published for that reason,
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  Speaker 1: not to the media, not to the courtroom. I'm not
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  Speaker 1: going to play any of these videos. There are still shots,
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  Speaker 1: and I have taken from the video's Exhibit 6. I
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  Speaker 1: don't think there is any reason not to publish this.
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  Speaker 1: The miners' faces are obscured, as well as the person
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  Speaker 1: who recorded it is obscured by the white box, which
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  Speaker 1: has an exhibit sticker in the actual exhibit I'll publish.
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  Speaker 1: Do you want me to go through these by one?
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  Speaker 1: Should we roll on these one at a time, or
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  Speaker 1: should I go through them? Judge Graff, let's do it
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  Speaker 1: one at a time, just so we don't get caught up. First,
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  Speaker 1: I do wish to, and I appreciate you bringing that up,
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  Speaker 1: and for both sides, there's a monitor in the courtroom,
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  Speaker 1: and to prevent the inadvertent publication of exhibits the court's
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  Speaker 1: going to adopt about as rudimentary approach as it can,
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  Speaker 1: which is when the monitor is turned around, it can't
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  Speaker 1: be published. When I turn it facing you so you
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  Speaker 1: can see the screen, only the exhibits which have been
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  Speaker 1: authorized may be published. And I caution both sides, and
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  Speaker 1: I know technology is tricky, but please do not shift
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  Speaker 1: to a different exhibit. Ask the court, put the court
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  Speaker 1: on record, that we are switching to a different exhibit
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  Speaker 1: because again, I'm trying to balance the constitutional rights of
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  Speaker 1: all parties. And while still trying to maintain transparency and
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  Speaker 1: safeguarding what should or should not be published. So please
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  Speaker 1: ask permission, both sides, before publishing. And if you're going
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  Speaker 1: to go to a different exhibit, ask before you put
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  Speaker 1: it up. Don't simply put it up. Again, I'm trying
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  Speaker 1: to prevent any inadvertent publication. To the camera operator, as
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  Speaker 1: you may see, When it's faced towards you, the monitor,
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  Speaker 1: and you hear the court saying it may be broadcast,
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  Speaker 1: you can broadcast it. There may be exhibits, depending on
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  Speaker 1: what's requested, from the parties that is displayed only to
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  Speaker 1: the gallery. At which point the monitor, Jeff, if we
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  Speaker 1: can move those chairs temporarily, when we get there, the
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  Speaker 1: monitor will be flush against the wall to prevent the
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  Speaker 1: inadvertent capture so that the gallery can see what's there,
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  Speaker 1: but it's not published through the video. Again, the court's
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  Speaker 1: trying to do everything it can to ensure transparency, allowing
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  Speaker 1: the parties to do what they need to do while
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  Speaker 1: balancing those constitutional rights. So thank you for letting me
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  Speaker 1: put that spiel on. I just want to let you
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  Speaker 1: all know that that's the procedure, and I wish I
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  Speaker 1: would have had that at least at the last hearing
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  Speaker 1: to prevent any inadvertent transfer, all right? So as it
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  Speaker 1: relates to, is this proposed to state Exhibit 6 for
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  Speaker 1: the purpose of the hearing? Prosecution, yeah. This was admitted
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  Speaker 1: as State Exhibit 6. It was admitted as a video.
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  Speaker 1: These five images are screen captures, or still frames, taken
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  Speaker 1: from that video. I do not intend to play the video.
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  Speaker 1: I intend to present these five images. Judge Graff, and again,
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  Speaker 1: just to be clear and thorough, the court's going to
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  Speaker 1: implement the same procedure. Is it going to the court?
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  Speaker 1: Are you requesting it only be played in the courtroom gallery,
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  Speaker 1: or the third is published so it's captured on camera?
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  Speaker 1: So as you're addressing each of these for both sides,
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  Speaker 1: indicate what your preference is. I'll turn to the opposing
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  Speaker 1: party and then make a ruling to state Exhibit 6. Prosecution,
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  Speaker 1: as to Exhibit 6, the rationale for not publishing this
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  Speaker 1: to the media in the past was that it recorded
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  Speaker 1: the faces of minors. The images here don't actually include
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  Speaker 1: the face of minors. Therefore, I believe it can be
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  Speaker 1: published to the media as well as to the courtroom.
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  Speaker 1: Judge Graff, I'll write defense. Defense, Kathy Nestor, Your Honor,
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  Speaker 1: just for efficiency purposes, so the court has already, you ruled,
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  Speaker 1: on all of these at the prelim, what can be displayed,
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  Speaker 1: and to whom. And I guess it's my understanding he's
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  Speaker 1: not asking you to reconsider your previous rulings. So my
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  Speaker 1: suggestion is, we stand by the way we did it
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  Speaker 1: at the prelim, so we don't have to waste time
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  Speaker 1: arguing about 15 pages of exhibits, and the court's already
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  Speaker 1: made your ruling. So, for example, in this one, you
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  Speaker 1: made a ruling. It shouldn't be published to the media
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  Speaker 1: or the courtroom. So it should stand here. Just only
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  Speaker 1: you see it. There are several ones in here that
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  Speaker 1: were published to the courtroom, but not to the media. Same.
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  Speaker 1: We just ask you keep your ruling on everything. Otherwise,
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  Speaker 1: this is going to be another hour-long argument if we're
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  Speaker 1: asking to reconsider all the reasons that you already decided.
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  Speaker 1: And then the vast majority of these were published to
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  Speaker 1: the media. So I would just submit to the court
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  Speaker 1: that that we should stand by the rulings you made
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  Speaker 1: for all the reasons you made at the prelim, handle
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  Speaker 1: them the exact same way that they were handled at
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  Speaker 1: the prelim, and then we can just move forward and
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  Speaker 1: not have to readdress or reconsider all your previous rulings.
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  Speaker 1: Judge Graff, all right, thank you. As it relates to
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  Speaker 1: Exhibit 6, I'll grant the request to publish it to
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  Speaker 1: the courtroom only. And the reason why are there are
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  Speaker 1: faces of other individuals on there. I realize they're not minors,
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  Speaker 1: but for those reasons... Exhibit 6 for the state may
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  Speaker 1: be published only in the courtroom. Prosecution okay going to
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  Speaker 1: exhibit 7. This exhibit is on the next page. This
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  Speaker 1: was a video that showed the bullet strike Charlie Kirk.
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  Speaker 1: This is a still frame. This of course is used
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  Speaker 1: with regard to the great risk of death factor as
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  Speaker 1: well as exhibit 8 that you see on the page
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  Speaker 1: as well. But again, this is all a still frame.
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  Speaker 1: It's not the video. I think the reason that it
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  Speaker 1: was not played for the media was because, or the courtroom,
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  Speaker 1: is because it showed the bullet strike Mr. Kirk. That's
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  Speaker 1: not going to be displayed in the court or in
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  Speaker 1: the state's argument. Judge Graff, all right, so just a stills.
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  Speaker 1: Answer by prosecution, just a stills. Question by the judge.
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  Speaker 1: And what are you requesting? What level of publication? Prosecution,
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  Speaker 1: all three levels. Judge Graff, Ms. Nestor, and if you
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  Speaker 1: have a standing objection to all of it, I just,
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  Speaker 1: but I want to give you the opportunity. so I
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  Speaker 1: don't deprive you of that. Defense, thanks. I would make
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  Speaker 1: the standing objection we made at the prelim to everything
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  Speaker 1: being displayed to the media I would just reiterate that
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  Speaker 1: you ruled on already not in support of our objection
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  Speaker 1: I do agree that exhibit 7 the reason it wasn't
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  Speaker 1: shown was because it was part of a video that
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  Speaker 1: did show Mr. Kirk's death so I do think that's
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  Speaker 1: accurate what he's saying It does appear to show faces
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  Speaker 1: of other individuals, as do the other pictures in Exhibit 8.
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  Speaker 1: But again, the reason they weren't showed is because it
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  Speaker 1: was part of the video that showed the actual incident.
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  Speaker 1: Judge Graff, all right, thank you. As it relates to
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  Speaker 1: Exhibit 7, it may be published only in the courtroom
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  Speaker 1: and taking note to the Utah Constitution, Article 1, Section 28.
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  Speaker 1: As it relates to victims' rights, 1A, and dealing with
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  Speaker 1: to be treated with fairness, respect, and dignity. Before you
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  Speaker 1: publish that, please make us aware. And if the victim, representative,
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  Speaker 1: or family choose to remain in the courtroom, they may.
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  Speaker 1: But I want to give them fair notice. If they
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  Speaker 1: choose not to be in the courtroom, I don't want
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  Speaker 1: it to come up as a surprise. So please give
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  Speaker 1: that notice. And to anyone else in the courtroom that
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  Speaker 1: wishes not to see that, that applies as well. So
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  Speaker 1: that's the condition for State Exhibit 7, published only to
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  Speaker 1: the courtroom, not to the broadcast. Going to Exhibit 9. prosecution,
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  Speaker 1: thank you, and Exhibit 7 to be clear, it does
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  Speaker 1: not show the impact. Judge Graff, no, I'm aware. Given
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  Speaker 1: the sensitive nature, I appreciate the differentiation, and Ms. Nestor
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  Speaker 1: also addressed that as well, which I appreciate, but given
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  Speaker 1: the nature of what it is, the court is taking
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  Speaker 1: that stance. All right, folks, we're going to wrap up
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  Speaker 1: right here, and in the next episode, we're going to
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  Speaker 1: pick up where we left off.