Latest / The Epstein Chronicles / Tyler Robinson Preliminary Hearing Transcripts (Day 1-Part 1) (8/7/26)
Transcript
- 0:00Speaker 1: What's up everyone, and welcome back to the program. In
- 0:03Speaker 1: this episode, we're going to begin taking a look at
- 0:05Speaker 1: the transcripts from Tyler Robinson's prelim hearing. All rise the Court,
- 0:13Speaker 1: Judge Tony Graff now presiding. Judge Graff, please be seated.
- 0:18Speaker 1: Good morning. Court is now in session calling case two
- 0:23Speaker 1: five to one Dash four three Dash five seven six,
- 0:26Speaker 1: State of Utah versus Tyler James Robinson. Council, Can you
- 0:30Speaker 1: enter your appearance please. Chad Grunader, Ryan McBride, David Sturk,
- 0:35Speaker 1: Good morning of the State. Mister Jeff Gray, the County
- 0:38Speaker 1: Attorney Chris Ballard are also present. Judge Graff, good morning,
- 0:42Speaker 1: Now the defense, Good morning, your honor. Kathy Nester, Michael Burt,
- 0:46Speaker 1: Richard Novak, and Stacy Visser here on behalf of mister Robinson,
- 0:50Speaker 1: who's seated to my right. Good morning, mister Robinson. Good morning.
- 0:54Speaker 1: For the record. The Court also recognizes the presence of
- 0:57Speaker 1: Miss Erica Kirk. Miss Kirk, good morning. First. With respect
- 1:01Speaker 1: to the courtroom protocol to maintain security into quorum, any
- 1:05Speaker 1: individual who exits the courtroom during proceedings will not be
- 1:09Speaker 1: able to be permitted to re enter until the recess.
- 1:12Speaker 1: All Council are expected to take reasonable measures to safeguard
- 1:15Speaker 1: confidential communication. Such measures may include the use of screen
- 1:20Speaker 1: protections on electronic devices and care to avoid in inadvertent
- 1:24Speaker 1: capture of privileged or private discussion by recording equipment or
- 1:29Speaker 1: by those present in the courtroom. In addition, the microphones
- 1:33Speaker 1: at your table have been turned off again an attempt
- 1:36Speaker 1: to try to minimize the possibility of any of the
- 1:38Speaker 1: communication being captured. I ask that if you're speaking, that
- 1:42Speaker 1: you come to the electron and that microphone will be live,
- 1:46Speaker 1: and so that's the best way that we can hear
- 1:47Speaker 1: you and it's captured for the record. All right. Second,
- 1:50Speaker 1: the Court will address the camera operator and the court
- 1:53Speaker 1: knows there is no still photographer for today's proceeding pursuant
- 1:57Speaker 1: to the Court's ruling from last week to our cause, operator,
- 2:00Speaker 1: would you please approach the lettern my microphone. There we go,
- 2:07Speaker 1: now it's back on. Could just state your name for
- 2:09Speaker 1: the record, the gentleman's name, John Wilson, KSL News. Judge Graff,
- 2:14Speaker 1: mister Wilson, what duties will you perform today, mister Wilson
- 2:18Speaker 1: shooting the preceding According to the Decora Mortar. Judge, all right,
- 2:23Speaker 1: and have you had a chance to fully review the
- 2:25Speaker 1: court standing Decora Mortar, John Wilson, I have, sir judge,
- 2:29Speaker 1: all right, and you understand all the requirement set forth
- 2:32Speaker 1: in that order as it applies to your activities today.
- 2:36Speaker 1: Answer yes, sir the judge okay. Do you require additional
- 2:40Speaker 1: time to review the order or to adjust the equipment
- 2:43Speaker 1: to ensure compliance? Answer no, sir Judge. Do you anticipate
- 2:48Speaker 1: any difficulty complying with the order or with any of
- 2:50Speaker 1: the Court's instruction John Wilson, No, sir Judge. All right, Well,
- 2:55Speaker 1: thank you, mister Wilson, I appreciate you being here. Next,
- 2:58Speaker 1: turning to the amended motion to allow the use of
- 3:01Speaker 1: portable electronic devices filed by the news media and their Council,
- 3:06Speaker 1: the Court appreciates the arguments presented in the motion and
- 3:09Speaker 1: recognizes the importance of the press in the criminal justice system.
- 3:13Speaker 1: Having considered the motions before the Court, the request to
- 3:17Speaker 1: permit representatives of the news media to use portable electronic
- 3:21Speaker 1: devices during the prelim hearing is respectfully denied. The request
- 3:26Speaker 1: to permit Council for the news media to use portable
- 3:28Speaker 1: electronic devices during the prelim hearing is granted as officers
- 3:33Speaker 1: of the Court. Council shall be held to the same
- 3:35Speaker 1: standards applicable to the Council for all parties and comply
- 3:39Speaker 1: with the Court standing to corum Order. I wish to
- 3:43Speaker 1: turn the matter before us today the upcoming prelim hearing,
- 3:46Speaker 1: and the Court is mindful of the safety and well
- 3:48Speaker 1: being of all parties, Council witnesses, Court staff, and members
- 3:52Speaker 1: of the public who are present. The Court is also
- 3:56Speaker 1: mindful of the duty to protect and uphold the constitutional
- 3:59Speaker 1: rights of both Miss Robinson and Miss Kirk. To serve
- 4:03Speaker 1: those important interests, the Court reminds all persons who will
- 4:06Speaker 1: be in attendance that the portable electronic device will not
- 4:09Speaker 1: be permitted in the court room or on the fourth floor.
- 4:12Speaker 1: In addition, each person who is in attendance will be
- 4:15Speaker 1: afforded to dignity and respect due to them and pursuant
- 4:19Speaker 1: to the standing the corem Order, All spectators shall be quiet,
- 4:22Speaker 1: civil and orderly. Spectators shall not engage in any distracting, disruptive, provocative, disrespectful,
- 4:30Speaker 1: oncivil or threatening behavior of any kind. Spectators shall not
- 4:35Speaker 1: make any audible comments of any kind, shall not shake
- 4:38Speaker 1: or nod their heads, shall not otherwise make any gesture
- 4:41Speaker 1: during the hearing, and the Court recognizing that this hearing
- 4:45Speaker 1: may invoke emotion from everyone, and that the Court understands
- 4:48Speaker 1: the human nature of that, but also it's important that
- 4:51Speaker 1: this court room is orderly. A spectator shall not wear
- 4:55Speaker 1: display any pins, button, signs, clothing, or photographs expressing support
- 5:00Speaker 1: for or against any person related to this case or
- 5:04Speaker 1: the status of this case as a capital offense. Turning
- 5:07Speaker 1: to council before we begin, I want to acknowledge that
- 5:10Speaker 1: over these past ten months, I've had a chance to
- 5:13Speaker 1: observe each of you, and I find that you are
- 5:15Speaker 1: all confident, prepared, and that you care deeply about the case.
- 5:20Speaker 1: I ask you to continue that conduct and to conduct
- 5:22Speaker 1: yourselves in accordance with the rules governing professional conduct, civility,
- 5:26Speaker 1: and ethics. I also ask you that you remain mindful
- 5:30Speaker 1: of the constitutional rights of all parties in every engagement,
- 5:34Speaker 1: and that you treat each person you engage with with
- 5:37Speaker 1: the dignity and respect that they are inherently due as
- 5:40Speaker 1: their human beings. I want to turn also to objections.
- 5:44Speaker 1: The format that I wish to follow if objections are made.
- 5:48Speaker 1: When an objection is made, all parties shall pause so
- 5:51Speaker 1: the objection may be heard. Speaking objections are not permitted.
- 5:55Speaker 1: If any party believes that an extended argument is necessary,
- 5:59Speaker 1: particularly on sensitive matters, the party may request to approach
- 6:03Speaker 1: the bench, and all parties will approach the bench. Both
- 6:07Speaker 1: sides will be afforded an opportunity to be heard for
- 6:10Speaker 1: or against the objection, after which I will issue a ruling,
- 6:13Speaker 1: either sustaining or overruling the objection. Once the ruling has
- 6:17Speaker 1: been made, Director cross examination may resume. I anticipate that
- 6:21Speaker 1: will begin each morning at nine am, with the exception
- 6:24Speaker 1: of Wednesday, and we will begin at one pm. We
- 6:28Speaker 1: will take a fifteen minute morning break and a fifteen
- 6:30Speaker 1: minute after noon break. If there is a situation that
- 6:34Speaker 1: necessitates a break, please approach the bench and we can
- 6:37Speaker 1: address that. We will recess for lunch at noon for
- 6:41Speaker 1: one hour each day with the exception of Wednesday, and
- 6:44Speaker 1: court will resume at one pm and continue until five
- 6:47Speaker 1: pm each day. Does either party need the benefit of
- 6:50Speaker 1: the record, Kathy Nestor Defense, know your honor, Judge Graff,
- 6:55Speaker 1: Thank you, Miss Nestor. Chad Grunander, no Judge thank you,
- 7:00Speaker 1: Judge Graf. Thank you, mister Grueneger. Do either party wish
- 7:03Speaker 1: to invoke the exclusionary rule, Kathy Nestor, Defense invokes your honor,
- 7:08Speaker 1: Judge Graf. All right, Defense has invoked the exclusionary rule.
- 7:12Speaker 1: I asked that all witnesses, if present, be excused from
- 7:15Speaker 1: the courtroom and ask that each party monitor the courtroom
- 7:18Speaker 1: to ensure that your witnesses are not present, and I'm
- 7:21Speaker 1: not familiar with who they are. Of course, victim representative
- 7:25Speaker 1: is excluded from that rule, as is the case manager
- 7:28Speaker 1: pursuant to the rules Baylift inaudible, Judge Graph okay, and
- 7:33Speaker 1: I anticipate that from here on out that they're just
- 7:36Speaker 1: going to come to the lectern. Okay. So just for
- 7:41Speaker 1: the benefit of the record, the questions as or no questions.
- 7:44Speaker 1: While the parties have entered their appearance and they're all present,
- 7:48Speaker 1: and neither party wanted the benefit of the record, Miss
- 7:50Speaker 1: Nestor invoked the exclusionary rule. And mister Grunander, if you'd
- 7:54Speaker 1: like to approach the electern as the microphone at the
- 7:56Speaker 1: table is not activated, Chad GRUNDI, thank you, Judge. Yeah,
- 8:01Speaker 1: we anticipated that the defense would invoke the exclusionary rule.
- 8:05Speaker 1: We consulted with the defense for just a couple of
- 8:08Speaker 1: minutes prior to the start of the hearing. We essentially
- 8:11Speaker 1: have two cases, agents your honor, David Hall and Brian Davis,
- 8:15Speaker 1: both from the state of Utah. The defense is consented
- 8:18Speaker 1: that both of them can be present. So one is
- 8:21Speaker 1: seated at my table, the front table. This is Brian Davis,
- 8:24Speaker 1: Agent Davis, and Agent Hall is seated on the bench
- 8:27Speaker 1: just on the other side of the bar. He'll be
- 8:30Speaker 1: present for the hearing as well. Both of these agents
- 8:33Speaker 1: will be testifying as part of the hearing. Judge Graf,
- 8:37Speaker 1: thank you, Miss Nestor. Your microphone's dead if you want
- 8:40Speaker 1: to come forward. It sounds like you've stipulated, but just
- 8:43Speaker 1: for the benefit of the record, Kathy Nester, we have
- 8:46Speaker 1: stipulated your honor for the purpose of this hearing only.
- 8:49Speaker 1: Judge Graff, thank you. All right, So Agent Davison Hull
- 8:53Speaker 1: are permitted to remain in the courtroom during the duration
- 8:56Speaker 1: of the prelim hearing. Any other business that we need
- 8:59Speaker 1: to address before we turn to the business of witnesses.
- 9:02Speaker 1: Mister Novak, Richard Novak for the defense, Thank you, Your honor,
- 9:06Speaker 1: Richard Novak for mister Robinson, your honor. The court had
- 9:09Speaker 1: issued an order maybe was early last week, asking the
- 9:12Speaker 1: parties to meet and confer about the question of whether
- 9:15Speaker 1: exhibits will be published. Than we did, and we can
- 9:18Speaker 1: either deal with this as a general matter or we
- 9:21Speaker 1: can deal with it on an exhibit by exhibit basis.
- 9:24Speaker 1: But I just want to make sure that we didn't
- 9:26Speaker 1: lose track of that issue. The Court had earlier entered
- 9:29Speaker 1: in order granting in part the defense motion to exclude.
- 9:33Speaker 1: I'm just going to say technology in the courtroom, because
- 9:35Speaker 1: it's shorthand for video cameras and photography and microphones. Because
- 9:40Speaker 1: the parties had earlier stipulated that none of the exhibits
- 9:43Speaker 1: would be available from the prelim hearing, would be available
- 9:46Speaker 1: for inspection or copying. I understand that publishing the exhibits
- 9:50Speaker 1: in the courtroom may technically be different than that, But
- 9:54Speaker 1: whenever the court's ready to deal with that issue, we
- 9:56Speaker 1: just want to make sure that we do so, Judge
- 9:58Speaker 1: graf An Auto Novak, before it's too late, Judge Graph,
- 10:03Speaker 1: that's always the right time to do it. Novak, Okay,
- 10:06Speaker 1: thank you, Judge Graph. Turning to the State, and in defense,
- 10:10Speaker 1: do we anticipate this being a long argument or is
- 10:13Speaker 1: it something that we can handle that there are some
- 10:15Speaker 1: stipulations that we can address right now, and then the
- 10:18Speaker 1: remainder we can address on an exhibit by exhibit basis,
- 10:22Speaker 1: mister Grunander, Judge, I don't know that we have any stipulations.
- 10:26Speaker 1: But with that said, it's correct, mister Novak's correct. We
- 10:30Speaker 1: did meet and consult on the issue. I wanted to
- 10:33Speaker 1: give the court just a brief roadmap, but part of
- 10:35Speaker 1: that was Exhibit seven, eight nine that we propose introducing
- 10:39Speaker 1: will be graphic in nature, and those were the exhibits
- 10:42Speaker 1: I was referring to at the last hearing where we
- 10:45Speaker 1: would like to take a short break before they were published,
- 10:48Speaker 1: if they are published, whether it be by the way
- 10:50Speaker 1: of video or audio. Judge, I don't see any TVs
- 10:53Speaker 1: or monitors here in the courtroom today with respect to
- 10:56Speaker 1: publishing something that would go beyond council table and your
- 10:59Speaker 1: honor's beat. So I don't know how much of this
- 11:02Speaker 1: is an issue or it's going to be anyway, at
- 11:05Speaker 1: least with respect to pictures or video. Judge, graph thank you,
- 11:10Speaker 1: and that's a great point. And the courts thought about
- 11:12Speaker 1: this issue in regard to publication of exhibits. Obviously, the
- 11:16Speaker 1: Court will entertain all motions before any but after considering it,
- 11:21Speaker 1: here's the two points that I wish to address in
- 11:24Speaker 1: regard to the exhibit. There is a benefit to publication
- 11:27Speaker 1: of certain exhibits. But I also do not, and this
- 11:29Speaker 1: is going to the camera operator, do not want them
- 11:32Speaker 1: to be displayed on TV. I believe it's important that
- 11:35Speaker 1: the parties know that the exhibits are being viewed by
- 11:38Speaker 1: the judge in real time and an open court. However,
- 11:41Speaker 1: what I will do is have the monitor placed against
- 11:44Speaker 1: the wall to reduce the possibility of it being broadcast.
- 11:48Speaker 1: And so on the exhibits that the Court grants to
- 11:50Speaker 1: be published in court and not going to mister Novak's point,
- 11:54Speaker 1: not to be given copies to. And the Court's trying
- 11:56Speaker 1: to be mindful that if it's shown on TV, that's
- 11:59Speaker 1: essentially giving copy to And so the Court is taking
- 12:03Speaker 1: mister Noak's point into consideration. And so the anticipation is,
- 12:08Speaker 1: and I know I'm catching staff a little bit off guard,
- 12:10Speaker 1: is placing that television right behind jeff our bailiff to
- 12:13Speaker 1: minimize the accidental capture by the camera and allowing it
- 12:17Speaker 1: to be displayed. I recognize that this is not the
- 12:20Speaker 1: ideal spot for viewing, but I'm also trying to balance
- 12:23Speaker 1: the rights and important considerations that defense is made. And again,
- 12:27Speaker 1: this will be on an exhibit by exhibit basis on
- 12:30Speaker 1: what's published or what is not. But for the exhibits
- 12:32Speaker 1: that the court rules can be published in open court,
- 12:35Speaker 1: that's going to be the location of the monitor. And again,
- 12:38Speaker 1: the court spent a bit of time weighing what should
- 12:41Speaker 1: be done where the monitor should be placed to accomplish
- 12:44Speaker 1: the purposes of publication at the same time protecting especially
- 12:48Speaker 1: as it may relate to sensitive material if the Court
- 12:51Speaker 1: deems that to be publishable in the court room. Any
- 12:55Speaker 1: questions that I can address either side, or clarification needed,
- 12:59Speaker 1: or thoughts that you wish to share, John Wilson, No,
- 13:03Speaker 1: I think I understand completely. All right, folks, We're gonna
- 13:06Speaker 1: wrap up episode one right here, and in the next
- 13:09Speaker 1: episode dealing with the topic, we're gonna pick up where
- 13:11Speaker 1: we left off. All the information that goes with this
- 13:14Speaker 1: episode can be found in the description box.