Latest / The Epstein Chronicles / Tyler Robinson Preliminary Hearing Transcripts (Day 1-Part 11) (8/29/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome back to the program. In
- 0:03Speaker 1: this episode, we're going to pick up where we left
- 0:05Speaker 1: off with Tyler Robinson and day one of the prelim transcripts. Now,
- 0:11Speaker 1: when we left off, they were all going to lunch.
- 0:14Speaker 1: Now they're back. Judge Graff, please be seated. The court
- 0:19Speaker 1: is back in session. Noting the presence of counsel, I
- 0:22Speaker 1: believe we left off cross-examination. Ms. Nestor, are you ready
- 0:26Speaker 1: to proceed? Kathy Nestor, yes. May it please the court?
- 0:29Speaker 1: Judge Graff, all right, you may. Kathy Nestor, good afternoon.
- 0:34Speaker 1: Officer Bagley, good afternoon. Kathy Nestor, I do want to
- 0:38Speaker 1: circle back before I start my new section on two.
- 0:41Speaker 1: I just want to specify two things. First of all,
- 0:44Speaker 1: we talked about that you had no briefing or no
- 0:47Speaker 1: material about security on campus for this particular event. Did
- 0:51Speaker 1: you ever have any operational or tactical plan that you
- 0:54Speaker 1: were given for the event? Answer for this event, no. Question, okay.
- 0:58Speaker 1: And you also mentioned that you've done SWAT in the past. Answer, yeah. Question,
- 1:02Speaker 1: were you a sniper? Answer, I was not. I worked
- 1:06Speaker 1: well with them, but I was not a sniper. Nestor, okay,
- 1:09Speaker 1: so when you... Okay, strike that. Also, we talked about
- 1:13Speaker 1: the holster that was found. Are you aware if there
- 1:15Speaker 1: were any other guns confiscated on the scene that day? Answer,
- 1:19Speaker 1: I am not. Question, you don't know one way or
- 1:21Speaker 1: the other? Answer, I do not. Question, all right. Now,
- 1:25Speaker 1: I want to go through with you your timeline. You
- 1:28Speaker 1: mentioned that you started at the Hall of Flags, right?
- 1:30Speaker 1: And then you came down. It took you a minute
- 1:33Speaker 1: to kind of navigate the stairs with the crowd and
- 1:35Speaker 1: the chaos and everything. And then you were in the
- 1:38Speaker 1: grassy area of the courtyard for a bit. Is that right? Answer, yeah.
- 1:41Speaker 1: So about 30 seconds to get down the stairs. And
- 1:44Speaker 1: then I went right down to where the tent was. Question,
- 1:47Speaker 1: and that's where you found the holster? Answer, no. The
- 1:50Speaker 1: holster was up higher. So I went down by the tent.
- 1:53Speaker 1: So it was a lower level. So as I came
- 1:55Speaker 1: down towards where Charlie was shot, I went down towards
- 1:58Speaker 1: the tent to assess and see what was going on
- 2:01Speaker 1: down there because I didn't know exactly what. I heard
- 2:04Speaker 1: the gunshot. I didn't know exactly what was going on.
- 2:07Speaker 1: So that was above the tent. Nestor, I'm sorry. I
- 2:11Speaker 1: missed that you went down to the tent. So let
- 2:13Speaker 1: me ask you about that. So what did you do
- 2:16Speaker 1: when you got down to the tent? Answer, when I
- 2:18Speaker 1: got down to the tent, Charlie was gone. They put
- 2:20Speaker 1: him in the SUV and left. At that moment, there
- 2:23Speaker 1: was still some people running around. So I decided... to
- 2:26Speaker 1: preserve the crime scene as much as I could with
- 2:29Speaker 1: trying to escort people out. And that's why I went
- 2:32Speaker 1: back in and started pushing people off the grass area
- 2:35Speaker 1: to conserve any ammunition or any casings or anything to
- 2:38Speaker 1: that effect that would be around. I wanted to make
- 2:41Speaker 1: sure that people were off and that there was as
- 2:43Speaker 1: much evidence preserved as possible. Question, so just to be clear,
- 2:47Speaker 1: by the time you got to the tent, Mr. Kirk
- 2:49Speaker 1: had already been removed and taken from the scene. Is
- 2:52Speaker 1: that right? Answer, yes. Question, okay. So in your professional opinion,
- 2:57Speaker 1: what was the perimeter of the crime scene? Answer. What
- 3:00Speaker 1: do you mean by the perimeter? Answer the perimeter. Like
- 3:04Speaker 1: how long did this crime scene stretch? Answer. Well, at
- 3:08Speaker 1: first I wanted them all off the grass because like
- 3:10Speaker 1: I said, I thought we had a suspect in custody.
- 3:12Speaker 1: So to me, it would be a close encounter. So
- 3:15Speaker 1: I was trying to push everybody off the grass in
- 3:17Speaker 1: case there was shell casings or to the effect that
- 3:19Speaker 1: it got on the grass. So after I pushed them
- 3:23Speaker 1: off the grass, part and getting up to the top
- 3:25Speaker 1: where I saw the empty holster, when I saw the
- 3:27Speaker 1: empty holster is when things started slowing down for me
- 3:30Speaker 1: a little bit. All the chaos and stuff is that's
- 3:33Speaker 1: when I realized it was a rifle shot, not a
- 3:35Speaker 1: handgun shot. Question, okay, and that's when you saw the
- 3:39Speaker 1: Lossie building and it occurred to you, you should go
- 3:41Speaker 1: check it out? Answer, yeah, it was right in my
- 3:43Speaker 1: line of sight. Question, and correct me if I'm wrong,
- 3:46Speaker 1: But the whole time that this is going on, you
- 3:48Speaker 1: had an active body camera on your, I guess your collar.
- 3:51Speaker 1: Is that right? Answer. That was right on my chest. Question.
- 3:55Speaker 1: On your chest? Answer. Yes. Question. Okay. Was it on? Answer. Yes. Question.
- 4:02Speaker 1: And it appears to me from reviewing your body camera
- 4:05Speaker 1: that there was another individual who was with you that
- 4:08Speaker 1: went to the Losey building who was in civilian clothing,
- 4:11Speaker 1: but appeared to have a gun. Answer. Yes. Question. Who
- 4:15Speaker 1: was that? Answer. I don't know who he was exactly,
- 4:18Speaker 1: he had a badge on, and I had somebody with
- 4:20Speaker 1: me to back me up as I ran up the
- 4:22Speaker 1: stairs to make sure I had somebody with me. Question,
- 4:25Speaker 1: so you don't know what agency he was from? Answer, no. Question,
- 4:28Speaker 1: and it looked like he had a pistol? Answer, yes. Question,
- 4:31Speaker 1: is that right? Answer, a handgun? Yes. Question, a handgun? Answer, yeah. Question,
- 4:37Speaker 1: and so the two of you, you go up to
- 4:39Speaker 1: the Losey building? Answer, yeah. Question, when you reviewed the
- 4:43Speaker 1: videotape at the police department later, Did you check to
- 4:45Speaker 1: see if anyone had been on the Lhotse building after
- 4:48Speaker 1: the shooting, after this individual had jumped off that you've
- 4:51Speaker 1: already talked about? Was there anybody else on the roof?
- 4:54Speaker 1: Did you check and see in that gap in time? Answer,
- 4:57Speaker 1: in that gap in time, no. So once I put
- 5:00Speaker 1: up the barrier, I only walked up to about that point.
- 5:03Speaker 1: Then I went down and reviewed the video from that
- 5:06Speaker 1: moment on. Question, are you able to say for one
- 5:09Speaker 1: way or the other if anyone else had been on
- 5:11Speaker 1: that roof in between when the person jumped off the building?
- 5:14Speaker 1: And when you came on the roof, are you able
- 5:16Speaker 1: to say that one way or the other? Answer, there
- 5:19Speaker 1: was people up there looking for an individual that ran
- 5:22Speaker 1: away because when I first got, told the individual ran
- 5:26Speaker 1: heading north, we didn't know where the shooter was. So
- 5:29Speaker 1: we started climbing up and looking, clearing the building. And
- 5:32Speaker 1: it wasn't until the PD and I actually saw him
- 5:34Speaker 1: jump off of the building that I knew he was
- 5:37Speaker 1: off the building. Question, let me rephrase that because I
- 5:41Speaker 1: think I either asked it badly or you misunderstood me.
- 5:44Speaker 1: So let me go back again. So from the time
- 5:47Speaker 1: that the individual that you spotted on the video jumped
- 5:49Speaker 1: off the roof, right? The individual that you thought was
- 5:52Speaker 1: in a prone position between that and when you got
- 5:56Speaker 1: on the roof, did you ever check to see if
- 5:58Speaker 1: anybody else had been on the roof in that period
- 6:00Speaker 1: of time? Answer. Yeah, I didn't see anybody. Question. So
- 6:04Speaker 1: you did watch. He cuts her off. I didn't notice anybody. Yeah. Question.
- 6:10Speaker 1: Did you look on the video to see that entire? Okay.
- 6:13Speaker 1: That's what I'm asking. So you did not review the
- 6:16Speaker 1: video to see if there was someone between that individual
- 6:18Speaker 1: jumping off and you coming on, if anybody had been
- 6:22Speaker 1: on or disturbed that scene in any way? Answer, no. Question, okay.
- 6:26Speaker 1: But once you put the tape up, then we're confident
- 6:28Speaker 1: from that point on the scene was preserved, right? Answer, yeah. Question,
- 6:32Speaker 1: by the way, where did you get that tape? Answer,
- 6:36Speaker 1: officers responded on the scene that he was down on
- 6:38Speaker 1: the bottom and threw it up to me. So? Question, okay.
- 6:41Speaker 1: So you didn't have it on you? Answer, no. Question,
- 6:44Speaker 1: and you didn't leave the scene to go get it. Answer, no. Question,
- 6:47Speaker 1: someone threw it up. Answer, yes. Question, great. All right.
- 6:51Speaker 1: While you were on the roof, did you encounter any
- 6:53Speaker 1: spent casings? Answer, as a matter of fact, no. That's
- 6:57Speaker 1: why when I saw the prone position, where the person
- 6:59Speaker 1: would be laying down as a sniper, being around guns
- 7:02Speaker 1: and snipers all the time, I was looking for a
- 7:04Speaker 1: spent shell casing. I couldn't see one. I was looking
- 7:07Speaker 1: over the edge, looking all over the place, making sure
- 7:10Speaker 1: the gravel wasn't disturbed. and I couldn't find a shell
- 7:12Speaker 1: casing at the moment. Question, and that would be the
- 7:16Speaker 1: reason you would be looking for that because some type
- 7:19Speaker 1: of guns, when they shoot, eject a casing automatically, right? Answer, yeah. Question,
- 7:24Speaker 1: some do, some don't. Answer, yes. Question, all right. And
- 7:27Speaker 1: then you also didn't find any unshot bullets. Answer, no. Question, okay.
- 7:32Speaker 1: Are you aware of there being a bullet found on
- 7:34Speaker 1: another roof? Answer, I am not aware. She continues, in
- 7:38Speaker 1: the vicinity, were you aware of another bullet being found
- 7:41Speaker 1: on the scene? Not on the roof of the Losey building? Answer, no. Question,
- 7:45Speaker 1: all right, your body cam footage that I reviewed appears
- 7:48Speaker 1: to end while you're still on the roof. Do you
- 7:50Speaker 1: know why that is? Answer, I think the battery went dead.
- 7:53Speaker 1: It was just that at that moment. Question, okay, and
- 7:56Speaker 1: did you ever turn your back or turn it back
- 7:58Speaker 1: on that day or get it on? I don't know.
- 8:00Speaker 1: Would you have to charge it or stick a new
- 8:02Speaker 1: battery in it? I don't even know. Question or answer,
- 8:06Speaker 1: usually dock it, but no, I didn't go back. It
- 8:08Speaker 1: was too chaotic running around. Question, so that 27 minutes
- 8:12Speaker 1: and 35 second body cam that starts when you're at
- 8:15Speaker 1: the Hall of Flags and ends while you're still on
- 8:17Speaker 1: the roof, but haven't put up the crime tape yet,
- 8:21Speaker 1: that's the only body cam you have that day? Answer, yeah. Question,
- 8:25Speaker 1: all right, you mentioned when you went to the police department,
- 8:28Speaker 1: you watched the video where you saw an individual up
- 8:30Speaker 1: on the roof, right? Answer, yeah. Question, and that individual
- 8:34Speaker 1: was in the vicinity where you saw the disturbance in
- 8:37Speaker 1: the gravel? Answer, yes. Question, And when you look at
- 8:40Speaker 1: that video, were you able to identify the individual's face? Answer, no. Question,
- 8:45Speaker 1: were you able to identify any markings on their clothing? Answer, no. Question,
- 8:50Speaker 1: were you able to identify their height? Answer, no. Question,
- 8:54Speaker 1: when we look at the picture of the, I think
- 8:56Speaker 1: you called it the sniper perch, so I'm going to
- 8:58Speaker 1: use your words, it looks like there was a measuring
- 9:01Speaker 1: tape laid out next to it. Were you present when
- 9:03Speaker 1: they measured the distance, like how tall that person would
- 9:06Speaker 1: have been? Answer, I was not. Question, so you don't
- 9:09Speaker 1: know what that is? Answer, I don't. Question, were you
- 9:12Speaker 1: able to tell the person's height from the video that
- 9:14Speaker 1: you saw? Answer, I can tell he wasn't heavyset. Question, okay. So,
- 9:19Speaker 1: more of a skinnier person. Question, could you identify what
- 9:23Speaker 1: shoes they were wearing? Answer, I could not. Question, could
- 9:26Speaker 1: you identify anything about a hat or what was on
- 9:28Speaker 1: their head? Answer, at the moment, no, I couldn't. Question, okay,
- 9:32Speaker 1: and did you see a gun in the video? Answer,
- 9:34Speaker 1: I saw a long black object in the left hand
- 9:37Speaker 1: as he was running across the roof. Question, and in fact,
- 9:40Speaker 1: did you describe that in your report as a bag? Answer,
- 9:43Speaker 1: I don't know. I have no idea. Question, all right,
- 9:46Speaker 1: let's pull that report back up, please. Never mind, I
- 9:48Speaker 1: don't think you mentioned what you saw. So in your report,
- 9:52Speaker 1: let's pull that back up, please. Page five on the
- 9:54Speaker 1: bagly one. So looking at the second page, you're actually
- 9:57Speaker 1: going to have to go to page six. I think
- 9:59Speaker 1: you talk about what you saw in the video where
- 10:02Speaker 1: they jumped off the roof. And again, I'm going to
- 10:04Speaker 1: remind you of our conversation we had before you understand
- 10:08Speaker 1: how important these reports are. Answer. Yep. Question. And do
- 10:13Speaker 1: you mention anywhere in this report that you saw a gun? Answer.
- 10:16Speaker 1: I did not. I just an audible. No object. Question.
- 10:20Speaker 1: Did you mention that you saw that object? Is that
- 10:22Speaker 1: on here? Answer, no. Question, okay, so you left that out. Now,
- 10:26Speaker 1: have you looked at that over and over again? Answer
- 10:29Speaker 1: of the video? Question, yeah. Answer, no, I've only seen
- 10:32Speaker 1: it twice. Question, oh really? Answer, yup. Question, when was
- 10:36Speaker 1: the last time you saw it? Answer, it's been months. Question, okay,
- 10:40Speaker 1: so the last time you saw it, were you able
- 10:42Speaker 1: to tell what the object was in his hand? Answer, yeah, well,
- 10:45Speaker 1: not tell what it was. I can see that there's
- 10:47Speaker 1: an object in the left hand, yeah. Question, and knowing
- 10:50Speaker 1: what you know about the case today, do you have
- 10:52Speaker 1: any idea what that object was? Answer, it looks like
- 10:55Speaker 1: a rifle or something to that effect, a long object. Question,
- 10:59Speaker 1: it looks like a rifle? Answer, a long object, like
- 11:02Speaker 1: skinny and long. You can almost see like it's covered
- 11:04Speaker 1: over something. Question, so you saw the cover, which was
- 11:08Speaker 1: the towel, right? Answer, yeah, and the shape of it's long. Question, okay,
- 11:12Speaker 1: so you can see the towel, but you can't see
- 11:14Speaker 1: the actual gun. Answer, I don't know if it was
- 11:17Speaker 1: a towel or a blanket, I don't know what it was.
- 11:20Speaker 1: question but you can't see the actual gun in the
- 11:22Speaker 1: video answer no like an object like a form of
- 11:25Speaker 1: a gun like a long object all right folks we're
- 11:28Speaker 1: going to wrap this one up right here and in
- 11:30Speaker 1: the next episode we're going to pick up with okay
- 11:33Speaker 1: all right at the end of the day what time
- 11:35Speaker 1: did you leave the campus all the information that goes
- 11:38Speaker 1: with this episode can be found in the description box