Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcript (Day 4 Part 12) (10/16/26)

Transcript

Tyler Robinson Preliminary Hearing Transcript (Day 4 Part 12) (10/16/26) · 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 dive right back into the
• 0:05
  Speaker 1: Tyler Robinson prelim transcript from day number four. Once again,
• 0:10
  Speaker 1: picking up with the prosecution, questioning Sergeant Fomina. Question. And
• 0:18
  Speaker 1: if you'll look at the line starting with Exhibit 6B
• 0:21
  Speaker 1: through 6E, will you read that sentence as well? Answer, yeah.
• 0:25
  Speaker 1: The Exhibit 6B through 6E Lead fragments are not suitable
• 0:29
  Speaker 1: for a microscopic comparison. Question, thank you. We can take
• 0:33
  Speaker 1: Exhibit 32 down. Exhibit 33, if we can show that
• 0:37
  Speaker 1: just to the witness, please. Do you recognize Exhibit 33? Answer, yes. Question,
• 0:42
  Speaker 1: what is that? Answer, this is an ATF biology report
• 0:46
  Speaker 1: on the Dremel tool, as well as the cartridge cases
• 0:49
  Speaker 1: that were found on top of the safe in Tyler's home. Question,
• 0:52
  Speaker 1: did you receive this from the ATF in response to
• 0:55
  Speaker 1: your request for testing? Answer, yes, I did. Question, I
• 0:59
  Speaker 1: move the admission of State Exhibit 33. Prosecution, or defense,
• 1:04
  Speaker 1: excuse me, no further objections, Your Honor. Judge Graff, thank you, Mr. Burt,
• 1:08
  Speaker 1: noting the standing objections by defense. And level of publication? Prosecution,
• 1:14
  Speaker 1: all three levels. Judge Graff, court overrules the standing objection,
• 1:19
  Speaker 1: and State Exhibit 20, I'm sorry, 33, is admitted into evidence.
• 1:23
  Speaker 1: and may be published in the courtroom, as well as
• 1:25
  Speaker 1: captured by the media camera. Question, what was being tested here? Answer,
• 1:29
  Speaker 1: the Dremel tool, the bits container, as well as the
• 1:32
  Speaker 1: cartridge and cartridge casings we found in Tyler's home. Question,
• 1:36
  Speaker 1: and up in the top right it says, forensic biology.
• 1:39
  Speaker 1: Is this DNA testing? Answer, yes it is. Question, okay.
• 1:43
  Speaker 1: Format of this is the same as the other report
• 1:46
  Speaker 1: that we already looked at, right? Answer, yes. Question, let's
• 1:50
  Speaker 1: jump to page four, calculation number one. It mentions here
• 1:54
  Speaker 1: Exhibit 15.1. Do you know where that swab's from? Answer, yeah.
• 1:58
  Speaker 1: It's a swab of the button off the Dremel tool. Question,
• 2:02
  Speaker 1: and will you read paragraph D? Answer, yeah. The DNA
• 2:05
  Speaker 1: profile is at least 1 trillion times more likely if
• 2:08
  Speaker 1: it originated from Tyler Robinson as a contributor to the
• 2:11
  Speaker 1: major component and two unrelated unknown individuals than if it
• 2:15
  Speaker 1: originated with three unrelated unknown individuals. Question, will you also
• 2:21
  Speaker 1: read paragraph E? Answer, the probability of an unrelated individual
• 2:26
  Speaker 1: in the population who has not contributed DNA to this
• 2:29
  Speaker 1: sample yielding this level of support is less than 1
• 2:32
  Speaker 1: in 1 trillion. Question, thank you. I'm not going to
• 2:37
  Speaker 1: ask you to read those paragraphs for the rest of
• 2:39
  Speaker 1: the statistical calculations, but I will ask you to go
• 2:42
  Speaker 1: through and identify where the swabbing came from. Exhibit 15.3,
• 2:47
  Speaker 1: which is calculation number 2. Where's that swab from? Answer,
• 2:51
  Speaker 1: swabs of the cord of the Dremel tool. Question, exhibit 15.5. Answer,
• 2:56
  Speaker 1: that would be swabs of the longest metal bit of
• 2:59
  Speaker 1: the tool. Question, going on to page 5, calculation number 4,
• 3:03
  Speaker 1: exhibit 15.6. Answer, 15.6 is swabs of the shortest metal bit. Question,
• 3:10
  Speaker 1: and calculation number 5, 18.1. Answer, this is swabs of
• 3:16
  Speaker 1: one etched 30-06 cartridge case. Question, what is that? Where
• 3:20
  Speaker 1: did that come from? Answer, that came from on top
• 3:23
  Speaker 1: of the safe. Question, okay. Is that the one that
• 3:26
  Speaker 1: had the etching test shot? Answer, yes. Question, will you
• 3:31
  Speaker 1: read the paragraph D as it relates to the test
• 3:33
  Speaker 1: shot swab? Answer, yeah. The DNA profile is at least
• 3:37
  Speaker 1: 1 trillion times more likely if it originated from Tyler
• 3:40
  Speaker 1: Robinson as a major component and two unrelated unknown individuals
• 3:45
  Speaker 1: than if it originated from three unrelated unknown individuals. Question,
• 3:50
  Speaker 1: thank you. We can take Exhibit 33 down. The final
• 3:53
  Speaker 1: report is 34. If we can publish that just to
• 3:56
  Speaker 1: the witness. What is State Exhibit 34? Answer. This is
• 4:01
  Speaker 1: an ATF report I received that was comparing tool marks. Question.
• 4:06
  Speaker 1: I move to admission of plaintiff's Exhibit 34 and publication
• 4:10
  Speaker 1: at all three levels. Judge Graff. Defense. Defense. No further objections.
• 4:15
  Speaker 1: Judge Graff. All right. All right. So State Exhibit 34
• 4:18
  Speaker 1: is admitted. The standing objection by defense are overruled. They
• 4:22
  Speaker 1: may be published in the courtroom and captured by the
• 4:25
  Speaker 1: media camera. Question okay, looking at the exhibits, might have
• 4:29
  Speaker 1: to go back and forth here, but let's go to
• 4:31
  Speaker 1: page two. And will you read the paragraph that starts
• 4:35
  Speaker 1: with Exhibit 18 consists? Answer, Exhibit 18 consists of five.
• 4:40
  Speaker 1: 30- 06 Springfield caliber fired cartridge cases designated Exhibits 18A through
• 4:45
  Speaker 1: 18E and 1545. 30. Autocaliber unfired cartridges designated Exhibit 18F
• 4:53
  Speaker 1: through 18T. Question okay, 18A. Do you know what 18A is?
• 4:58
  Speaker 1: Answer yes. This would have been the. 30- 06 cartridge case
• 5:02
  Speaker 1: with the engravings test shot on it. Question okay. Will
• 5:05
  Speaker 1: you read the paragraph beginning with the Exhibit 18A? Answer.
• 5:10
  Speaker 1: The Exhibit 18A cartridge case was examined for the presence
• 5:14
  Speaker 1: of comparable tool marks. Numerous sets of tool marks were
• 5:17
  Speaker 1: located on the exterior of of the Exhibit 18A cartridge
• 5:20
  Speaker 1: case that are consistent with being produced by engravings and
• 5:24
  Speaker 1: or rotary cutting tips, commonly found installed in handheld rotary
• 5:28
  Speaker 1: tools such as a Dremel tool. These two marks contain
• 5:31
  Speaker 1: marks of value for comparison. Question okay, the next paragraph
• 5:35
  Speaker 1: I ask you to read is the one that starts
• 5:37
  Speaker 1: with Exhibit 16. But first, I want to ask you,
• 5:41
  Speaker 1: do you know what Exhibit 16 is? Answer, I do
• 5:44
  Speaker 1: not off the top of my head. Question okay, 18.
• 5:47
  Speaker 1: It also says Exhibit 18A through 18E. Do you know
• 5:51
  Speaker 1: what those are? Answer, 18A through 18E would be the
• 5:55
  Speaker 1: cartridge cases that were found on top of the safe.
• 5:58
  Speaker 1: Question okay, if you'll read that paragraph. Answer, which one again?
• 6:02
  Speaker 1: I'm sorry. Question, the one starting Exhibit 16. Answer, the
• 6:06
  Speaker 1: Exhibit 16 and Exhibit 16A through 18E cartridges that were
• 6:12
  Speaker 1: identified as having been fired, the Exhibit 1 rifle. Question, okay,
• 6:16
  Speaker 1: let's now jump to the paragraph beginning the test tool marks. Question,
• 6:22
  Speaker 1: will you please, well, first off, 15A and 15B, do
• 6:26
  Speaker 1: you know what those are? Answer, yeah, those would be
• 6:28
  Speaker 1: the longest metal bit and the shortest metal bit. Question, okay,
• 6:32
  Speaker 1: if you would read, okay, and then also exhibit two
• 6:35
  Speaker 1: cartridge case, what is that? Answer, that would have been
• 6:39
  Speaker 1: the cartridge case that was found in the gun. Question,
• 6:42
  Speaker 1: and exhibit three, four, and five cartridges? Answer, They were
• 6:45
  Speaker 1: the ones also found in the gun. Question and Exhibit 18A. Answer.
• 6:51
  Speaker 1: Is the one that was found on the safe. Question okay.
• 6:54
  Speaker 1: And Exhibit 18A. Question. Is the one that was found
• 6:58
  Speaker 1: on the safe. Question okay if you'll read the first
• 7:01
  Speaker 1: bullet point here. The Exhibit 15A. Answer. The Exhibit 15A
• 7:06
  Speaker 1: engraving cutter was identified as having made tool marks located
• 7:09
  Speaker 1: on the Exhibit 2 cartridge case, Exhibit 3 through 5 cartridges,
• 7:13
  Speaker 1: and Exhibit 18A cartridge case. Question, and will you? Well,
• 7:17
  Speaker 1: let's see here. Okay, I can go ahead and take
• 7:19
  Speaker 1: that down. Your Honor, I want to, before I ask
• 7:22
  Speaker 1: to enter my final line of questioning, I would like
• 7:25
  Speaker 1: to show the witness Exhibit 12.1. And this is the video,
• 7:29
  Speaker 1: the UVU surveillance video. I think it's 12. 4 was
• 7:32
  Speaker 1: the surveillance video, actually, that was approved for publication. Judge Graff,
• 7:36
  Speaker 1: that's correct. That's the unmarked, non-zoomed version, correct? Is that correct? Answer, yes.
• 7:42
  Speaker 1: Judge Graff, yes, that's the one. Question, and just for now...
• 7:46
  Speaker 1: Let's do this on the witness's screen. 12.4, and I'll
• 7:49
  Speaker 1: ask you to jump to the 8 minutes and 4
• 7:51
  Speaker 1: second mark, okay? I'd move to publish. We intend to
• 7:55
  Speaker 1: play 10 seconds of the video. I'd move to publish
• 7:58
  Speaker 1: that at all three levels. Judge Graff, defense? Defense? I'm
• 8:02
  Speaker 1: not sure what the relevance is at this point, so
• 8:04
  Speaker 1: it's hard to object or not. I would ask for
• 8:06
  Speaker 1: a proffer as to what it's showing, because it's not
• 8:09
  Speaker 1: apparent from the exhibit. Prosecution understood. Proffer is there's been
• 8:14
  Speaker 1: testimony about prints being found on the glass window of
• 8:17
  Speaker 1: this building. This exhibit demonstrates the suspect's behavior in that area.
• 8:21
  Speaker 1: Judge Graff, all right, anything further? Defense, with that, I
• 8:25
  Speaker 1: don't have any further objections. Judge Graff, all right, so?
• 8:28
  Speaker 1: Then it may be published. This is already admitted, and
• 8:31
  Speaker 1: it may be published at all levels. Question, okay, before
• 8:36
  Speaker 1: you hit play. Sergeant Faumina, do you see what's on
• 8:39
  Speaker 1: the screen in front of you? Answer, yes, I do. Question,
• 8:42
  Speaker 1: can you see the suspect in this image? Answer, yes. Question,
• 8:47
  Speaker 1: will you describe where the suspect is? Answer, he's on
• 8:50
  Speaker 1: the rooftop. Let's say on the gravel part. And this
• 8:53
  Speaker 1: would have been close to the northeast side of the building. Prosecution. Question,
• 8:59
  Speaker 1: timestamp is 12-23-47. Is that right? Answer, yes. Question, and
• 9:03
  Speaker 1: that portion of the image that we see there on
• 9:05
  Speaker 1: the video is the top portion of the image slightly
• 9:08
  Speaker 1: to the left of center. Is that right? Answer, yes. Question, okay.
• 9:12
  Speaker 1: We're at 8.01. Kimberly, will you please hit play there?
• 9:16
  Speaker 1: Let's go ahead and pause it. Pausing it at 8.20.
• 9:19
  Speaker 1: Were you able to determine if the suspect touched the
• 9:21
  Speaker 1: glass when he dropped from the roof? Answer, not at
• 9:24
  Speaker 1: the time when we first saw the video, no. Question, okay.
• 9:28
  Speaker 1: Were you later able to make the determination on that? Answer, yes,
• 9:32
  Speaker 1: because the video we had was pretty grainy at the
• 9:34
  Speaker 1: time at the command post, and it wasn't until we
• 9:37
  Speaker 1: were able to get the footage directly from UVU. Question,
• 9:41
  Speaker 1: and when you actually got the footage, could you zoom
• 9:43
  Speaker 1: in and get a better picture? Answer, yes. Question, and
• 9:47
  Speaker 1: were you able to determine at that time where the
• 9:49
  Speaker 1: suspect touched the window? Answer, yes. Question, what was your determination? Answer,
• 9:55
  Speaker 1: we determined that he was not or he did not
• 9:58
  Speaker 1: touch it. Question, yes. thank you, nothing else. Judge Graff,
• 10:02
  Speaker 1: all right, let's go to a break. To defense, I
• 10:04
  Speaker 1: realize that you began talking about your concerns. You have
• 10:08
  Speaker 1: a witness that needs to leave today. 10, 15 minutes,
• 10:11
  Speaker 1: what's your request? I want to maximize your ability to
• 10:13
  Speaker 1: have time with your witness as well as cross if
• 10:16
  Speaker 1: you choose to. Prosecution, how much of a break do
• 10:19
  Speaker 1: you want to take? Defense, just 10 minutes would be fine.
• 10:22
  Speaker 1: Judge Graff, all right, let's break for 10 minutes and
• 10:24
  Speaker 1: then come back and cross-examination. The court is in recess.
• 10:28
  Speaker 1: All right, so we're going to take a break here
• 10:30
  Speaker 1: as well. And when we get back, we'll pick up
• 10:32
  Speaker 1: with the cross-examination. All the information that goes with this
• 10:36
  Speaker 1: episode can be found in the description box.