Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 17) (9/15/26)

Transcript

Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 17) (9/15/26) · 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
• 0:05
  Speaker 1: off with day one of Tyler Robinson and the prelim hearing. Prosecution. Okay,
• 0:12
  Speaker 1: give me just one moment. Answer by the agent. Actually,
• 0:16
  Speaker 1: I'm going to correct myself on that if I can
• 0:18
  Speaker 1: refer back to my notes. Question. Okay, please. Yes, your notes.
• 0:22
  Speaker 1: You have there with you again? Answer. Yeah. Question. Question.
• 0:26
  Speaker 1: And referencing them will help you refresh your memory? Answer,
• 0:29
  Speaker 1: it will. Question, okay, so don't read from it out loud.
• 0:32
  Speaker 1: Just look at it and let us know when you've
• 0:35
  Speaker 1: refreshed your memory. Answer, apologies, July 2nd seemed a little
• 0:39
  Speaker 1: bit too soon. It was June 24th when I met Mr. Olson. Question, okay,
• 0:44
  Speaker 1: and you personally met with Mr. Olson? Answer, I did, yes. Question, okay,
• 0:49
  Speaker 1: and did you personally review this particular video? Or I
• 0:52
  Speaker 1: guess the Hall of Flags video with Mr. Olson? Answer, yes. Question, okay.
• 0:56
  Speaker 1: And he prepared a written statement? Answer, he did, yes. Question,
• 1:01
  Speaker 1: and on that statement, was that a Bureau-provided statement form? Answer,
• 1:05
  Speaker 1: it was, yes. Question, okay. And on that statement, do
• 1:09
  Speaker 1: you recall whether it includes an advisory that his written
• 1:12
  Speaker 1: statement would be used in lieu of his live testimony? Answer,
• 1:16
  Speaker 1: it did, yes. Question, did it also include a warning
• 1:19
  Speaker 1: that if he provided a false statement on that form,
• 1:22
  Speaker 1: that he could be punished with a Class A misdemeanor? Answer.
• 1:25
  Speaker 1: It did. Yes. Question. Okay. Where is 12.3? Inaudible. Is
• 1:33
  Speaker 1: there something displayed on your screen right now? Agent. Answers.
• 1:37
  Speaker 1: There is. Yes. It says exhibit 12.3. Prosecution. Yeah. It
• 1:41
  Speaker 1: should be what's been marked as state exhibit 12.3. Do
• 1:44
  Speaker 1: you recognize what that is? Answer. Yeah. It's a state
• 1:48
  Speaker 1: bureau of investigation 1102 statement completed by Mr. Olson. Question right.
• 1:53
  Speaker 1: Does it appear to be in the same condition as
• 1:55
  Speaker 1: when you collected it? Answer, it does, yes. Question, as
• 1:59
  Speaker 1: the state would seek to admit, what's been marked State
• 2:02
  Speaker 1: Exhibit 12.3? Judge Graff, Ms. Nestor, Kathy Nestor jumps in.
• 2:07
  Speaker 1: Thank you, Your Honor. We would again renew our concern
• 2:10
  Speaker 1: about hearsay and our constitutional concerns about that raised in
• 2:14
  Speaker 1: our standing objection. Also, the concern is that an individual
• 2:17
  Speaker 1: who Basically states they verified the recordings, but doesn't say how.
• 2:22
  Speaker 1: Doesn't say whether they viewed it. Doesn't say whether someone
• 2:24
  Speaker 1: else viewed it and told them. Whether someone else viewed
• 2:27
  Speaker 1: it and told someone else who told someone else who
• 2:29
  Speaker 1: told them. There's just no explanation, and we don't think
• 2:33
  Speaker 1: that's sufficient to meet your reliability analysis. And we object
• 2:37
  Speaker 1: to the admission, and we also object to the publication.
• 2:40
  Speaker 1: This is for all the same reasons, Your Honor. Judge
• 2:43
  Speaker 1: Graff to the state. Prosecution. Judge again. The state's position
• 2:47
  Speaker 1: is written statement was collected in compliance with Rule 1102,
• 2:52
  Speaker 1: subsection BA. It's a statement collected with both the advisory
• 2:56
  Speaker 1: and admonition. From what we've heard from Sergeant Hull, this individual,
• 3:00
  Speaker 1: Curtis Olson, is the person that his job basically to
• 3:03
  Speaker 1: handle this type of information and turn it over to
• 3:06
  Speaker 1: law enforcement. Judge Graff. All right, I'll have the state
• 3:09
  Speaker 1: representative can scroll through so I can review it in
• 3:12
  Speaker 1: its entirety. And just stop when the majority of that
• 3:15
  Speaker 1: handwritten statement is visible. Thank you. Let me review that.
• 3:18
  Speaker 1: And if you could scroll down to the bottom of
• 3:20
  Speaker 1: the page. Thank you. All right. Under the same analysis
• 3:23
  Speaker 1: for 1102, under 1102, as well as Article 1, Section
• 3:27
  Speaker 1: 28 of the Utah Constitution. I'm sorry, that's the wrong one.
• 3:31
  Speaker 1: Under Article 1, Section 12 of the Utah Constitution, that
• 3:35
  Speaker 1: final paragraph, the court overrules the objection and admits states
• 3:39
  Speaker 1: exhibit 12.3 as it relates to publication. Prosecution, Judge, with
• 3:44
  Speaker 1: regard to publication and this particular exhibit, it's the state's
• 3:48
  Speaker 1: position that the presumption is at the public record and
• 3:51
  Speaker 1: we would ask that it be published both here in
• 3:54
  Speaker 1: the courtroom and that the cameras be allowed to capture
• 3:56
  Speaker 1: it and publish it as well. Ms. Nestor, Kathy Nestor,
• 4:00
  Speaker 1: nothing additional, Your Honor. Judge Graff, all right. I note
• 4:04
  Speaker 1: the standing objection from the defense and give the court's
• 4:06
  Speaker 1: previous analysis for other 1102s. The court's going to publish
• 4:11
  Speaker 1: it both in the courtroom. And so it can be
• 4:13
  Speaker 1: captured by the media. What we'll do is the same thing.
• 4:16
  Speaker 1: We'll start at the top, pause for 10 seconds and
• 4:19
  Speaker 1: go to the middle section. And we'll pause about 20
• 4:21
  Speaker 1: seconds because it's more dense. And then we'll scroll down
• 4:26
  Speaker 1: to the very bottom for about 10 seconds. Then that
• 4:29
  Speaker 1: will conclude that. And so now on screen. And let's
• 4:32
  Speaker 1: go from there. All right, you can scroll down. Okay.
• 4:35
  Speaker 1: If you'd like to scroll down to the very bottom,
• 4:37
  Speaker 1: thank you. That concludes publication of this exhibit. Prosecution. Answer.
• 4:42
  Speaker 1: Thank you, sir. Well, in Mr. Olson's 1102 statement, he
• 4:46
  Speaker 1: references more than one video, does he not? Answer by
• 4:49
  Speaker 1: the agent. Yes, he does. Question. Okay. So with regards
• 4:53
  Speaker 1: to the Hall of Flags video, have you seen that
• 4:55
  Speaker 1: particular video? Answer. I have. Yes. Question. Okay. And that video,
• 5:00
  Speaker 1: what does it depict? Answer. It's a view kind of
• 5:03
  Speaker 1: looking what would be east under the breezeway toward the
• 5:06
  Speaker 1: back of the stage where Mr. Kirk was situated. It
• 5:10
  Speaker 1: shows some movement behind the stage area, and I believe
• 5:12
  Speaker 1: through the gaps you can see some of the crowd
• 5:15
  Speaker 1: in the amphitheater. Question. I think I've neglected to do
• 5:19
  Speaker 1: this twice before, so I'm going to do it right
• 5:22
  Speaker 1: this time. Would you please bring up Exhibit 9 without
• 5:25
  Speaker 1: pushing play? Tell me when you see something on your screen. Answer.
• 5:29
  Speaker 1: It's on my screen. Question. Do you recognize what's depicted
• 5:32
  Speaker 1: in that still image? Answer, I do, yes. Question, what
• 5:35
  Speaker 1: is it? Answer, it's the area underneath the Hall of
• 5:39
  Speaker 1: Flags that I refer to as the breezeway. Question, okay.
• 5:43
  Speaker 1: And is this the beginning of the video that Mr.
• 5:46
  Speaker 1: gets cut off by the agent? It is, yes. Question, okay,
• 5:49
  Speaker 1: that Mr. Olson provided you? Answer, yes. Question, judge. The
• 5:53
  Speaker 1: state would seek, well, the state asked or seeks to
• 5:56
  Speaker 1: admit Exhibit 9. With regards to publication, this is another
• 6:00
  Speaker 1: video that, due to its sensitive, the nature of the graphic,
• 6:03
  Speaker 1: nature of the video, we'd ask that it not be
• 6:06
  Speaker 1: published here in the courtroom, nor published in any way
• 6:09
  Speaker 1: that the media camera could capture it. And following your reasoning, Judge,
• 6:13
  Speaker 1: out of deference to the victims and the victims' rights
• 6:16
  Speaker 1: to have this type of information protected. Judge Graff, Ms. Nestor,
• 6:21
  Speaker 1: Kathy Nestor, thank you, Your Honor. We would object on
• 6:23
  Speaker 1: our standing objection grounds, constitutional issues, and terms that of
• 6:27
  Speaker 1: the concern about Mr. Robinson's right to a fair trial.
• 6:30
  Speaker 1: We agree it should not be published. We object to
• 6:33
  Speaker 1: its admissibility. Judge Graff, thank you. Based off my analysis
• 6:38
  Speaker 1: that I will apply independently to this exhibit, but it
• 6:41
  Speaker 1: tracks with the previous exhibits, I find that it's admissible,
• 6:44
  Speaker 1: and I'll admit it into evidence. This is State's Exhibit,
• 6:48
  Speaker 1: I believe, 9. Prosecution? Prosecution. Play it. Judge Graff, no,
• 6:54
  Speaker 1: hold on. Prosecution. Oh, I'm sorry. Judge Graff. This is
• 6:58
  Speaker 1: state exhibit number nine. Prosecution. Right. Correct. Judge Graff. All right.
• 7:03
  Speaker 1: As it relates to publication in the courtroom or by
• 7:05
  Speaker 1: the media again, citing to the Utah Constitution article one,
• 7:09
  Speaker 1: section 281A, it states to be treated with fairness, respect
• 7:14
  Speaker 1: and dignity and to be free from harassment and abuse
• 7:17
  Speaker 1: throughout the criminal justice process. I find that this does
• 7:21
  Speaker 1: apply and in respect to respect and dignity and the
• 7:24
  Speaker 1: human experience. I'm going to not publish it in the courtroom,
• 7:27
  Speaker 1: nor will it be broadcast, but the court will watch
• 7:31
  Speaker 1: in open court. And I note it is about how
• 7:33
  Speaker 1: long is this video? Answer by prosecution, it's three minutes. Judge,
• 7:40
  Speaker 1: all right, again to the parties. If you could just
• 7:42
  Speaker 1: indicate if your screen is obscure. Thank you, Ms. Nestor.
• 7:45
  Speaker 1: And the state, are your screens secure so they're not viewable?
• 7:49
  Speaker 1: All right, thank you. Seeing Mr. McBride nod his head,
• 7:53
  Speaker 1: we can go ahead to the state's representative. Go ahead
• 7:56
  Speaker 1: and play state exhibit number nine. And if there's sound,
• 7:59
  Speaker 1: if you could activate the sound, I'm not sure that
• 8:01
  Speaker 1: there is. Judge Graff, all right, all right. Let's go
• 8:04
  Speaker 1: ahead and replay it. I just want to clarify that
• 8:07
  Speaker 1: there's no audio. So let's go ahead and restart it.
• 8:09
  Speaker 1: Thank you. So the exhibit's over. The video's over. Back
• 8:14
  Speaker 1: to questioning. Thank you, judge. I'm going to ask you
• 8:16
  Speaker 1: just a few questions with respect to the very, well,
• 8:19
  Speaker 1: that video and the very end of that video, which
• 8:22
  Speaker 1: is state exhibit number nine. Throughout that video, you can
• 8:25
  Speaker 1: see banner. And do you recall seeing a banner that's
• 8:28
  Speaker 1: hanging basically in the middle of that video? Answer, yeah.
• 8:32
  Speaker 1: I believe that's the rear of the gazebo. Question, okay,
• 8:35
  Speaker 1: the rear of the gazebo. Answer, yeah. Question, and what
• 8:38
  Speaker 1: gazebo are you talking about? Answer, it's like a pop-up
• 8:42
  Speaker 1: tent that Mr. Kirk was sat underneath while he was
• 8:45
  Speaker 1: addressing the crowd. Question, okay, so just really quick, just
• 8:48
  Speaker 1: to be clear, where in relation to that banner that
• 8:51
  Speaker 1: you see depicted in Exhibit 9 is Mr. Kirk? Answer,
• 8:56
  Speaker 1: approximately dead center. He's on stage, so he's slightly raised
• 9:00
  Speaker 1: in relation to the bottom of the banner. And then
• 9:02
  Speaker 1: he's seated in the middle of the stage, so approximately
• 9:05
  Speaker 1: in the center. Question, and if you know, what's the
• 9:09
  Speaker 1: distance between the banner and then where Mr. Kirk is
• 9:12
  Speaker 1: seated in front of that banner, if I'm understanding you correctly? Question,
• 9:16
  Speaker 1: or answer, excuse me, I don't know specifically. If I
• 9:19
  Speaker 1: had to estimate, I would say three to five feet. Question, okay,
• 9:22
  Speaker 1: so close to the banner. Answer, yes. Question, okay. I
• 9:26
  Speaker 1: also believe towards the end of that exhibit, well, let
• 9:28
  Speaker 1: me ask you this. If you know, what happened to Mr.
• 9:31
  Speaker 1: Kirk immediately after he was shot? Answer, my recollection is
• 9:35
  Speaker 1: that Mr. Kirk's detail, his own security team removed him
• 9:38
  Speaker 1: from the scene whilst administering first aid. And they conducted
• 9:42
  Speaker 1: what would be called a hasty transport to Timpanogos Hospital. Question, okay,
• 9:49
  Speaker 1: before you go any further, that Mr. Kirk picked up
• 9:52
  Speaker 1: by his own security, is that portrayed in the video
• 9:54
  Speaker 1: in Exhibit 9? I'm sorry? answer it's kind of on
• 9:57
  Speaker 1: the left side the backup of the pop-up tent and
• 10:01
  Speaker 1: then you see mr kirk carried down the left side
• 10:03
  Speaker 1: of the video under the breezeway question okay and then
• 10:06
  Speaker 1: you said that there was a quick transport is that
• 10:09
  Speaker 1: the language you used answer a hasty transport question a
• 10:13
  Speaker 1: hasty transport what does that mean answer just they were
• 10:16
  Speaker 1: trying to get him to medical as quickly as possible
• 10:19
  Speaker 1: So I believe he was thrown into one of the
• 10:20
  Speaker 1: team's vehicles and then transported to the hospital as opposed
• 10:24
  Speaker 1: to waiting for an ambulance. Answer, and I think you
• 10:27
  Speaker 1: already stated, but let's just be clear. Do you know
• 10:30
  Speaker 1: which hospital he was transported to? Answer, I believe it's
• 10:33
  Speaker 1: referred to as Tipinogos Regional. Question, okay. And do you
• 10:37
  Speaker 1: know if he was treated there at the hospital? Answer,
• 10:40
  Speaker 1: he was, yes. Question, okay. And do you know whether
• 10:43
  Speaker 1: or not he was pronounced dead there at Tipinogos Hospital? Answer,
• 10:47
  Speaker 1: he was, yes. Question okay, and how do you know that? Answer,
• 10:51
  Speaker 1: the medical examiner had an investigator that responded to the scene,
• 10:54
  Speaker 1: and I spoke with him, and he informed me that
• 10:56
  Speaker 1: he was at the hospital when Mr. Kirk was pronounced deceased.
• 11:00
  Speaker 1: Question okay, and the medical investigator that you spoke to,
• 11:03
  Speaker 1: do you know the name of that person? Answer, Bullock.
• 11:06
  Speaker 1: I believe Officer Bullock, but I can't refresh my recollection specifically. Answer,
• 11:11
  Speaker 1: if it'll help, if you have it in your notes,
• 11:13
  Speaker 1: if it'll refresh your memory, go ahead and take a
• 11:15
  Speaker 1: look at that. Again, don't read from it out loud. Answer,
• 11:19
  Speaker 1: it's Officer Bullock, yes. Question, okay, and he's a peace officer? Answer,
• 11:24
  Speaker 1: he functions as a law enforcement officer, and he works
• 11:27
  Speaker 1: also for the medical examiner as a death investigator. Question, okay,
• 11:31
  Speaker 1: do you know whether Mr. Kirk was autopsied by the
• 11:34
  Speaker 1: Utah Medical Examiner's Office? Answer, yeah, an autopsy was conducted
• 11:38
  Speaker 1: by the Medical Examiner's Office. Question, and do you know
• 11:41
  Speaker 1: when and by whom? Answer, yeah, it was late into
• 11:44
  Speaker 1: the evening of September 10th, or may even have gone
• 11:47
  Speaker 1: through into the morning of September 11th. Question, okay, and
• 11:51
  Speaker 1: do you know who did the autopsy? Answer, I'm going
• 11:54
  Speaker 1: to refresh my recollection because of the pronunciation, if you
• 11:57
  Speaker 1: don't mind. Question, if it'll help refresh your memory, that'd
• 12:02
  Speaker 1: be great. Again, don't read it out loud. Look at it,
• 12:04
  Speaker 1: let me know when you're done, and then we'll go
• 12:07
  Speaker 1: from there. Answer, Mr. Guarado, I believe is how it's pronounced. Question,
• 12:14
  Speaker 1: you want to spell that last name? Answer, yeah. G-U-A-J-A-R-D-O.
• 12:21
  Speaker 1: Kathy Nestor, Your Honor, if this is not personal knowledge,
• 12:25
  Speaker 1: we object to the hearsay if someone told him all
• 12:27
  Speaker 1: of this. I don't believe this individual was present at
• 12:30
  Speaker 1: the autopsy, so we object to any testimony about the
• 12:33
  Speaker 1: autopsy or what he was told about it. Judge Graff, Prosecution, well, Judge,
• 12:38
  Speaker 1: if I could, I'll simply lay foundation for the report itself,
• 12:42
  Speaker 1: and I think this is all information that's included on
• 12:44
  Speaker 1: the report. Judge Graff, all right, so it hasn't been
• 12:47
  Speaker 1: moved into evidence just yet. I'm not making a ruling. Prosecution,
• 12:52
  Speaker 1: I appreciate that. Judge Graff, if you want to lay
• 12:54
  Speaker 1: more foundation, that's certainly your choice. All right, folks, we're
• 12:58
  Speaker 1: going to wrap up right here. And in the next episode,
• 13:00
  Speaker 1: we're going to pick up with the prosecution asking the question,
• 13:04
  Speaker 1: so are you aware that the medical examiner's office did
• 13:07
  Speaker 1: conduct an autopsy? All the information that goes with this
• 13:11
  Speaker 1: episode can be found in the description box.