Latest / The Moscow Murders and More / Tyler Robinson Preliminary Hearing (Day 6 Part 5) (10/29/26)

Transcript

Tyler Robinson Preliminary Hearing (Day 6 Part 5) (10/29/26) · The Moscow Murders and More

• 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
• 0:05
  Speaker 1: the transcript from day number six of the Tyler Robinson
• 0:09
  Speaker 1: prelim hearing, and we're picking up with the defense. Kathy Nestor, well,
• 0:14
  Speaker 1: the objection, what we would have about this going out
• 0:17
  Speaker 1: to the media is that it's taken out of context.
• 0:21
  Speaker 1: So it actually precedes the shooting. So it's misleading if
• 0:24
  Speaker 1: it goes out to the media, but that's just our
• 0:26
  Speaker 1: standing objection as to everything. So that's all we would have,
• 0:29
  Speaker 1: Your Honor. Judge Graff, thank you. As it relates to
• 0:32
  Speaker 1: State Exhibit 8 and 9, for the reasons mentioned in
• 0:35
  Speaker 1: State Exhibit 7, it may be published to the courtroom
• 0:38
  Speaker 1: as well. Please, to the state, give us fair notice
• 0:41
  Speaker 1: so that the parties who do not wish to remain
• 0:43
  Speaker 1: in the courtroom have an opportunity to exit, and then
• 0:46
  Speaker 1: we can proceed accordingly. So it may be published only
• 0:50
  Speaker 1: to the courtroom. State Exhibit 8 and 9, okay? Prosecution, yes.
• 0:55
  Speaker 1: We have, I think, three more, and we're done. And then...
• 0:59
  Speaker 1: were into the ones that were published to everyone at
• 1:01
  Speaker 1: the prelim hearing. Exhibit 14, this is Mike Mitchell's 1102 statement.
• 1:06
  Speaker 1: This is a snip of the relevant portion as it
• 1:09
  Speaker 1: relates to one of the elements of one of the offenses.
• 1:13
  Speaker 1: It was not published to the media or the courtroom.
• 1:16
  Speaker 1: This is not the entirety of the exhibit. It's three
• 1:18
  Speaker 1: lines of that or four lines of that statement. Judge Graff,
• 1:24
  Speaker 1: all right, and to publication level, answer all three levels.
• 1:29
  Speaker 1: Judge Graff, all right, Ms. Nestor. The defense, your honor,
• 1:32
  Speaker 1: this one is hearsay. We argued this fairly extensively in
• 1:35
  Speaker 1: front of the court, and the court ruled it should
• 1:38
  Speaker 1: not come out, and we would ask the court to
• 1:40
  Speaker 1: stand by that ruling. Judge Graff, all right, I'm going
• 1:43
  Speaker 1: to deny the publication as state exhibit 14. All right, 16.2. Prosecution, 16.2,
• 1:50
  Speaker 1: this is communication between the defendant and his gaming friends
• 1:53
  Speaker 1: on the Discord chat. I'll submit it at that. Same
• 1:58
  Speaker 1: all three levels. Judge Graff, all right. Defense? Defense. And again,
• 2:03
  Speaker 1: we had a pretty robust argument on these as well,
• 2:06
  Speaker 1: on both 16.2 and 16.3 purported statements coming from the defendant.
• 2:11
  Speaker 1: And we felt that it impeded the ability to see
• 2:13
  Speaker 1: the fair jury and get an impartial trial. And the
• 2:16
  Speaker 1: court agreed. And we would ask the court to stand
• 2:19
  Speaker 1: by your ruling that they should be published in the
• 2:22
  Speaker 1: courtroom only, not televised. Judge Graff? And for clarification... Was
• 2:27
  Speaker 1: this presented verbatim in evidence in open court? Like the
• 2:31
  Speaker 1: text itself? Not the screenshots, but the statements. Were they
• 2:34
  Speaker 1: published in court? Prosecution, I don't recall. Judge Graff, okay,
• 2:39
  Speaker 1: all right. I'm going to deny the request for 16.2
• 2:42
  Speaker 1: and 16.3 to publish to the courtroom. Prosecution, excuse me?
• 2:47
  Speaker 1: Both of these were published to the courtroom. I'm sorry,
• 2:49
  Speaker 1: but I thought you were asking if the media recorded
• 2:51
  Speaker 1: them verbatim through testimony. So 16.2, and 16.3 were both
• 2:57
  Speaker 1: published to the courtroom only. I misunderstood you, excuse me.
• 3:01
  Speaker 1: Judge Graff, I see what you're saying, all right. So
• 3:03
  Speaker 1: I'll grant the request to publish in the courtroom only. Prosecution, okay,
• 3:09
  Speaker 1: that does it, Your Honor. The remainder of exhibits were
• 3:11
  Speaker 1: published at all three levels at the prelim hearing and
• 3:14
  Speaker 1: granted Ms. Nestor's position on those. I think that we
• 3:17
  Speaker 1: don't need to relitigate that issue. They've already been published
• 3:20
  Speaker 1: in the media, so I don't see any reason they
• 3:23
  Speaker 1: wouldn't be published in the media here. Judge Graff, alright,
• 3:26
  Speaker 1: so those may be published and broadcast through the media,
• 3:29
  Speaker 1: the remainder of it. And just for the benefit of
• 3:32
  Speaker 1: the record, would you put those on the record, what
• 3:34
  Speaker 1: the numbers they are? Prosecution, yes. 3.2, 5.1, 10.1, 12.4, 16.1, 19, 20, 21, 22, 25, 30,
• 3:37
  Speaker 1: and 32. Your Honor, it's 12.06 right now. I did
• 3:39
  Speaker 1: plan for some contingencies. and had a separate presentation ready
• 3:55
  Speaker 1: to go in case the rulings went against me. As
• 3:57
  Speaker 1: far as publication to media, I didn't foresee all of this.
• 4:01
  Speaker 1: I think now is a good time to take lunch.
• 4:03
  Speaker 1: I can adjust my presentation to make sure there's no
• 4:06
  Speaker 1: inadvertent publication to the media during lunch. Judge Graff, defense? Defense,
• 4:12
  Speaker 1: no objection. Thank you, Your Honor. Judge Graff, all right,
• 4:15
  Speaker 1: it's 1210. We'll come back at 110 and begin with
• 4:17
  Speaker 1: the state. The court's in recess. So they get back,
• 4:22
  Speaker 1: and they're ready to go. Judge Graff, all right, thank you.
• 4:25
  Speaker 1: All right, Mr. McBride, we'll turn to you. Like the press,
• 4:28
  Speaker 1: I'm going to be using the pen and paper today. So, Mr. McBride, prosecution,
• 4:33
  Speaker 1: your honor. On September 10th of 2025, the defendant, this man,
• 4:39
  Speaker 1: Tyler James Robinson, shot and killed Charlie Kirk because he
• 4:43
  Speaker 1: disagreed with him. And he did it by firing a
• 4:46
  Speaker 1: high-powered rifle into a crowd of over 3,000 people, which
• 4:50
  Speaker 1: created a great risk of death that anyone, would know about.
• 4:54
  Speaker 1: Your Honor, turning to count one, starting with aggravated murder,
• 4:58
  Speaker 1: we know that the defendant, Tyler James Robinson, is the shooter.
• 5:02
  Speaker 1: There's a mountain of evidence that proves that he is
• 5:04
  Speaker 1: the shooter. As I look at the evidence, I see
• 5:07
  Speaker 1: four categories of evidence that prove that the defendant, Tyler Robinson,
• 5:11
  Speaker 1: is the man who shot Charlie Kirk. In any case,
• 5:14
  Speaker 1: any one of those four categories of evidence would provide evidence,
• 5:17
  Speaker 1: certainly probable cause, and possibly proof beyond a reasonable doubt,
• 5:21
  Speaker 1: that the defendant is the man who shot Charlie Kirk.
• 5:25
  Speaker 1: And in this case, we have all four categories of evidence. First,
• 5:29
  Speaker 1: we know that the defendant is the shooter because we
• 5:31
  Speaker 1: have video evidence. Exhibit 12.4 is on the screen in
• 5:35
  Speaker 1: front of you. Your Honor, I notice that the television
• 5:38
  Speaker 1: is not facing the gallery. Judge Graff, all right, so 12.4
• 5:42
  Speaker 1: is one that I did authorize to be published to
• 5:44
  Speaker 1: the courtroom, and I believe on video. Is that correct? Prosecution,
• 5:49
  Speaker 1: that's correct. Judge, all right. Prosecution. And Your Honor, I've
• 5:53
  Speaker 1: edited my presentation so that every exhibit that is not
• 5:57
  Speaker 1: authorized to be published outside of the courtroom has a
• 5:59
  Speaker 1: slide before it that expressly states as much. Judge Graff,
• 6:03
  Speaker 1: thank you. Prosecution. We know that the defendant killed Charlie
• 6:07
  Speaker 1: Kirk because of the video evidence. 12.4 shows the defendant
• 6:12
  Speaker 1: arriving at 8.29 a.m., driving that distinctive gray Dodge Challenger
• 6:17
  Speaker 1: onto campus, into the UVU parking lot. We have video
• 6:21
  Speaker 1: evidence of the defendant walking through campus with no effort
• 6:24
  Speaker 1: to disguise himself. He's wearing the same Hurley hat, maroon t-shirt,
• 6:28
  Speaker 1: Converse shoes that he was later wearing when he turned
• 6:31
  Speaker 1: himself in. He walked through campus, scouting campus that morning
• 6:35
  Speaker 1: from approximately 8.30am until 9.30. We know that he was
• 6:39
  Speaker 1: on video looking at the courtyard where the Turning Point
• 6:42
  Speaker 1: event took place. We know he spoke with members of
• 6:45
  Speaker 1: Turning Point USA organization, and we know that he laughed
• 6:49
  Speaker 1: out after this first scouting mission at about 9.33, driving
• 6:53
  Speaker 1: again his distinctive gray Dodge Challenger. He went off campus,
• 6:57
  Speaker 1: parked his car somewhere off campus, and returned at 10.09 a.m.,
• 7:02
  Speaker 1: wearing the same hat, same shirt, same shorts, and same
• 7:05
  Speaker 1: Converse shoes. This time he came in through the north
• 7:08
  Speaker 1: parking lot, the same route he would later take when
• 7:11
  Speaker 1: he came back in different clothing. Once again, he scouted campus.
• 7:16
  Speaker 1: He came through the tunnel underneath campus drive, went up
• 7:19
  Speaker 1: the stairs, and out into the campus. And we know
• 7:22
  Speaker 1: in this visit, he once again gathered information, looked at
• 7:26
  Speaker 1: the scene, looked at possible vantage points. He had Chick-fil-A
• 7:29
  Speaker 1: for lunch. The Chick-fil-A, the testimony, was that it is
• 7:34
  Speaker 1: bordering right on the courtyard where the Turning Point USA
• 7:36
  Speaker 1: event took place. He then went and scouted his drop
• 7:40
  Speaker 1: point in the trees northeast of campus where the rifle
• 7:43
  Speaker 1: was later found. And then he made his way up
• 7:46
  Speaker 1: onto the low-sea center roof where he scouted the vantage
• 7:49
  Speaker 1: point from the shooter's perch. Judge, all right, Jeff, are
• 7:54
  Speaker 1: you still going to still? Just going to make sure.
• 7:56
  Speaker 1: Are we going to the gallery next? Prosecution, yeah, you'll
• 8:00
  Speaker 1: see the slides that say where the next slide is
• 8:04
  Speaker 1: not to be published. Judge Graff, I see, thank you.
• 8:07
  Speaker 1: I appreciate that information. We'll leave it as it is.
• 8:10
  Speaker 1: And then Mr. McBride, you'll let us know. Prosecution, in fact,
• 8:14
  Speaker 1: your honor, there are no exhibits. I took the exhibit
• 8:17
  Speaker 1: out that was not allowed to be published even to
• 8:19
  Speaker 1: the courtroom. So all the exhibits are permitted to be
• 8:22
  Speaker 1: published to the courtroom. Some of them cannot be recorded
• 8:25
  Speaker 1: by the camera, and there is a note on the
• 8:27
  Speaker 1: slides before those exhibits. The defendant then returned at 11.54 a.m.,
• 8:33
  Speaker 1: this time dressed to kill. Black shirt, long pants, to
• 8:37
  Speaker 1: obscure the rifle he had concealed down his pants, and
• 8:40
  Speaker 1: he made his way through the campus the same route
• 8:42
  Speaker 1: of ingress into campus that he had taken during his
• 8:45
  Speaker 1: second scouting mission. coming through the north parking lot, making
• 8:48
  Speaker 1: his way through that tunnel, and then going up the stairs.
• 8:52
  Speaker 1: We know that he then made his way, and he's
• 8:54
  Speaker 1: recorded on camera, making his way up to the low
• 8:57
  Speaker 1: sea center roof, where he comes to the railing, does
• 9:00
  Speaker 1: a Fosbury flop over the railing, and is out of
• 9:03
  Speaker 1: camera view for about five minutes. That time period, he
• 9:06
  Speaker 1: removes the rifle from his pants, uses a screwdriver that
• 9:10
  Speaker 1: he left behind with the DNA on it to reassemble
• 9:13
  Speaker 1: a portion of that rifle, and then he made his
• 9:15
  Speaker 1: way to the edge of the low sea center roof.
• 9:18
  Speaker 1: There he laid down in a prone position, and he
• 9:21
  Speaker 1: would have seen this mass of people, of 3,000 plus
• 9:24
  Speaker 1: people there for the event, took aim, put his crosshairs
• 9:27
  Speaker 1: on Charlie Kirk, and fired at 12.23 and 28 seconds.
• 9:33
  Speaker 1: We know that's the moment that he fired, because several
• 9:35
  Speaker 1: different cameras record the bullet, striking Charlie Kirk at that moment.
• 9:39
  Speaker 1: From the autopsy, we know that the bullet entered Charlie Kirk,
• 9:43
  Speaker 1: slightly at a downward angle, slightly left to right, consistent
• 9:46
  Speaker 1: with the vantage point that the defendant had on the
• 9:49
  Speaker 1: Losey Center rooftop. The bullet struck Charlie Kirk's spine and fragmented,
• 9:54
  Speaker 1: killing him, as we know, from the medical examiner's report.
• 9:58
  Speaker 1: At that precise moment, 12 12.23 and 28 seconds after
• 10:02
  Speaker 1: firing a shot, the defendant gets up and is recorded
• 10:05
  Speaker 1: running to the northeast of the low-sea center's rooftop, dropping
• 10:09
  Speaker 1: down from the low-sea center and making his way into
• 10:12
  Speaker 1: a predetermined drop point in the wooded area where we
• 10:15
  Speaker 1: later find his gun. The defendant is then, next recorded
• 10:19
  Speaker 1: on camera, returning to campus, to Campus Drive, at 12.36 a.m.
• 10:25
  Speaker 1: We know he was returning from this text messages to
• 10:27
  Speaker 1: his lover Lance Twiggs to recover the gun. Campus Drive
• 10:31
  Speaker 1: borders that wooded area. When the defendant approached Campus Drive, again,
• 10:36
  Speaker 1: in that distinctive gray Dodge Challenger, he tried to turn
• 10:40
  Speaker 1: right there, but Officer Goforth with the Spanish Fork Police
• 10:43
  Speaker 1: Department was on a watch there and stopped him and
• 10:46
  Speaker 1: told him, he could not drive down the street because
• 10:49
  Speaker 1: it was closed. That interaction with the defendant at 12.36
• 10:53
  Speaker 1: in the morning was so unusual to Officer Goforth that
• 10:56
  Speaker 1: he took note of the car's partial license plate, looked
• 10:59
  Speaker 1: that up, and found that it was registered to the
• 11:01
  Speaker 1: defendant and his mother. He looked up the defendant's driver's
• 11:05
  Speaker 1: license from the registration and determined it was the same
• 11:09
  Speaker 1: man he had interacted with. Not to be deterred, the
• 11:12
  Speaker 1: defendant then entered the residential area to the residential side
• 11:16
  Speaker 1: of the wooded area and was recorded on doorbell camera
• 11:19
  Speaker 1: parking again his gray Dodge Challenger, leaving his car to
• 11:23
  Speaker 1: look for that gun and not returning. All right, folks,
• 11:27
  Speaker 1: we're going to wrap up right here. And in the
• 11:29
  Speaker 1: next episode, we're going to pick up where we left off.
• 11:32
  Speaker 1: All the information that goes with this episode can be
• 11:34
  Speaker 1: found in the description box.