Untitled Document

[00:00:00] Yesterday there was a preliminary [00:00:01] hearing uh with Tyler Robinson, the [00:00:03] accused killer. Um I certainly believe [00:00:05] he's guilty guilty of sin. Um and then [00:00:09] uh we're going to have Senator uh Coach [00:00:11] Tuberville Tuberville who's going to be [00:00:13] joining us talking about the Save Act. [00:00:14] So lots to get to uh without further [00:00:17] ado, I'm going to throw it over to Blake [00:00:18] because Blake had the job of going over [00:00:21] that through the all four hours of the [00:00:22] hearing yesterday. [00:00:23] >> All righty. So this is uh not the trial [00:00:26] itself. We'll obviously be covering the [00:00:28] trial every day once it happens. This is [00:00:30] yet another preliminary hearing. There's [00:00:32] been a lot of these, you've heard about [00:00:33] them, where they've been trying to keep [00:00:36] cameras out of the courtroom. They've [00:00:37] been litigating how exactly Robinson [00:00:40] will be dressed when he's in the [00:00:41] courtroom and so on. And what the claim [00:00:43] yesterday was is they're making a bid, [00:00:46] they being the defense team, to [00:00:48] disqualify the entire county attorney's [00:00:50] office from prosecuting this case. So, [00:00:52] these are the county attorneys office [00:00:54] for Utah County where the shooting took [00:00:56] place. [00:00:56] >> Can [clears throat] I stop us right [00:00:57] there? Because there's I if you go on [00:00:59] the internet, it's like the FBI, the [00:01:01] FBI, the FBI. [00:01:03] >> This is not a federal case. This is [00:01:05] being tried at the local level. Yes. [00:01:07] >> The FBI assisted in the initial [00:01:08] investigation. Conceivably, there could [00:01:10] be federal charges someday. You never [00:01:13] know. Like, for example, if something [00:01:14] went arry with this, but right now, this [00:01:15] is a state case in Utah. Utah County, [00:01:18] that's where um [00:01:20] >> Provo is, I believe. and one of the [00:01:23] largest counties, but it's not Salt [00:01:24] Lake. And so they've been handling this [00:01:27] case. And what has emerged is that the [00:01:30] daughter of one of the prosecutors on [00:01:32] the team was present at the shooting. [00:01:35] And so the defense team is arguing that [00:01:37] based on this fact alone that she was [00:01:39] one of 3,000 people there approximately [00:01:41] that it should dis it creates a conflict [00:01:43] of interest and it should disqualify the [00:01:46] entire county attorney's office which if [00:01:49] they succeed it would mean it would have [00:01:50] to be taken over by either another [00:01:52] county attorney's office or by the state [00:01:55] huge delay messes everything up just [00:01:59] drags the case out more creates more [00:02:01] uncertainty that's entirely what their [00:02:03] plan is uh now thankfully legal experts [00:02:06] who've commented on this say this is a [00:02:08] pretty big long shot. It'd be one thing [00:02:10] if she was one of the one or two [00:02:13] witnesses to the event, right? This is [00:02:15] 3,000 people and plus everyone saw it [00:02:17] very quickly online and so the claim [00:02:20] that there's some sort of special aspect [00:02:22] to that is a long shot. But they were [00:02:24] asking them about it in court yesterday. [00:02:26] And what's interesting about it is it [00:02:28] gives us an insight as to what evidence [00:02:31] they've collected so far, what they're [00:02:33] planning to bring, and also what the [00:02:34] defense against it might be. So, for [00:02:37] example, uh they had agent David Hull, [00:02:40] one of the investigators. They had him [00:02:41] on the stage and they were just [00:02:42] cross-examining him. The state itself [00:02:44] was actually cross-examining him about [00:02:46] all the evidence they'd found because [00:02:47] they're pointing out, did any of this [00:02:48] have anything to do with the daughter at [00:02:50] all? And he's saying no over and over [00:02:52] again. So, by the way, this was a [00:02:54] surprise to some of us because, you [00:02:56] know, we've been told that the [00:02:57] preliminary hearing where new where the [00:02:59] evidence will be sort of first presented [00:03:02] is not going to be until May. So, we got [00:03:03] to see this little small glimpse into [00:03:06] some of the way the defense is thinking, [00:03:08] some of the way the prosecution is [00:03:09] thinking early. [00:03:10] >> Yeah. So, for example, they're just [00:03:11] they're going back and forth on the [00:03:14] evidence they have, like the fact that [00:03:16] they uh found what they, for example, [00:03:18] were able to find in Tyler Robinson's [00:03:20] apartment. Let's show 388. [00:03:23] >> Was a search warrant on on the [00:03:25] defendant's house um executed in this [00:03:27] case? [00:03:28] >> It was. Yes. Down in St. George. [00:03:30] >> And was evidence obtained from his [00:03:31] house? [00:03:32] >> It was. Yes. [00:03:33] >> What kind of evidence? [00:03:35] >> Um [clears throat] kind of putting me on [00:03:38] the spot, but if I recall, there were [00:03:39] some bullet casings that had some [00:03:41] inscriptions on. Uh there were some [00:03:43] tools that were believed to have been [00:03:45] used to make those inscriptions. [00:03:47] Um there were targets I believe that had [00:03:50] been used. Um and also targets that had [00:03:53] been purchased recently or just prior to [00:03:55] the event. Um there was Ring door ring [00:03:59] doorbell camera footage obtained from uh [00:04:01] other residences down there. And then a [00:04:04] number of electrical items uh laptops uh [00:04:07] and such that were collected as part of [00:04:10] the warrant. [00:04:13] >> So we have that for example. We also [00:04:15] have uh they just talk about uh finding [00:04:18] DNA at the scene, for example. Uh 385. [00:04:22] >> Is DNA consistent with the defendant's [00:04:24] DNA found on the firearm that was found [00:04:27] at the scene? [00:04:27] >> Yes, the DNA on the firearm was [00:04:29] consistent with that of Mr. Robinson. [00:04:32] >> And then, interestingly, they follow up [00:04:34] on that where then the defense team [00:04:35] shows up and they try to uh do some back [00:04:38] and forth on this. Let's do 387. [00:04:41] Are you aware that DNA the DNA evidence [00:04:43] that was seized from the scene consisted [00:04:45] of a mixture of at least five different [00:04:47] individuals? [00:04:48] >> I'm not a DNA expert. So [00:04:51] >> So you know enough to say what helps [00:04:53] him, but you're not going to answer [00:04:54] whether or not there were five [00:04:55] individuals mixed into that DNA. [00:04:57] >> I'm not aware of that. No. [00:04:58] >> Okay. And you're certainly not qualified [00:05:00] to interpret complex DNA mixtures, are [00:05:03] you? [00:05:03] >> No, I'm not. [00:05:04] >> Okay. [00:05:06] It's a little bizarre that they're [00:05:07] they're going that intently at it in [00:05:10] what is again a preliminary hearing. [00:05:12] Yet, I guess that's a sign of what we [00:05:14] might have to expect when this finally [00:05:16] goes to full trial. They're trying to [00:05:18] muddle the waters on DNA evidence. [00:05:19] There's a ton of reasons why you would [00:05:21] find multiple [00:05:22] >> DNA multiple people's DNA on a on [00:05:25] anything actually because people shed [00:05:27] DNA, but to see one with a pattern [00:05:29] that's connected to multiple different [00:05:31] scenes, multiple different places, [00:05:33] >> uh, plus all the other evidence that [00:05:35] there is, including video evidence, by [00:05:37] the way, there's a clip on video [00:05:38] evidence that we have, right? [00:05:39] >> I'm trying to get the exact number [00:05:41] because it's not I don't see it in our [00:05:42] sheet. Uh but they had a back and forth [00:05:45] where they they just asked him because [00:05:47] they're the reason they're asking this [00:05:49] is they're diving into they're kind of [00:05:50] unpacking you didn't catch this person [00:05:53] because of a video taken by the daughter [00:05:55] in question. In fact, she didn't have a [00:05:56] video of the shooting itself. [00:05:58] >> So I think it's 390 actually. So this is [00:06:00] agent whole response to video on the [00:06:02] rooftop explains two different [00:06:03] recordings. 390 [00:06:06] >> that roof that was recorded in that [00:06:07] video. Um, first are there is there [00:06:10] other surveillance of that that person [00:06:13] in that a person in that location at [00:06:15] that time running to that spot? [00:06:16] >> There is additional footage. Yes. [00:06:18] >> Where does that come from? [00:06:19] >> Uh, that came from the UN Utah Valley [00:06:21] University uh security cameras. [00:06:24] >> All right. Is there another individual [00:06:25] that also recorded a person running [00:06:27] after the shooting um from from the [00:06:30] roof? [00:06:33] >> Uh, not to my recollection. No. [00:06:35] >> Any video from someone? Do you recall a [00:06:37] video from someone in the Hall of Flags [00:06:39] who may have recorded uh someone running [00:06:40] after the shooting? [00:06:42] >> Yes, there was an individual who [00:06:43] recorded um from the Hall of Flags. It's [00:06:46] an interior video looking through the [00:06:48] windows. Uh but I believe an individual [00:06:50] is visible on the rooftop also in that [00:06:53] video. [00:06:54] >> Now, there was another though where they [00:06:56] they just ask him, "Do you have other [00:06:58] stuff?" And he says, "Actually, we have [00:06:59] a ton of surveillance footage from the [00:07:01] university of someone, you know, kind of [00:07:02] tracing the suspect off campus." And [00:07:04] then he says they have Ring doorbell [00:07:06] footage from Orum, not just we knew [00:07:08] about from St. George's where, you know, [00:07:10] around that area, but they also [00:07:12] apparently have some from the vicinity [00:07:13] of the shooting tracing the suspect into [00:07:16] the woods where they later found the [00:07:18] firearm. They have they say they have [00:07:20] security footage at businesses on the [00:07:23] road back from Orum to St. George where [00:07:27] >> so you get this sense we don't know it [00:07:28] all for sure that that they have a very [00:07:30] strong documentary uh record of [00:07:34] basically everywhere Tyler Robinson was [00:07:37] uh we haven't seen all of those videos [00:07:38] we'll presumably see them when the [00:07:39] actual trial [00:07:40] >> but the it felt like the big headline [00:07:42] from this is it really came into focus [00:07:46] that they are trying to get the entire [00:07:49] prosecution dismissed because one team [00:07:51] member and this was a handpicked crew of [00:07:54] prosecutors [00:07:55] One of these prosecutors happened to [00:07:57] have an 18-year-old daughter on the [00:07:58] scene. [00:07:59] >> We've got uh again part of their [00:08:01] argument they're claiming is the this is [00:08:05] the argument defense is making that they [00:08:07] wouldn't be pursuing the death penalty [00:08:08] in this case if not for the personal [00:08:10] dimension that the one of the attorney's [00:08:12] daughters was there. That's what pushed [00:08:14] him over the head. And so they asked him [00:08:15] about they asked this is now the county [00:08:16] attorney uh Jeffrey Gray who was among [00:08:19] other things he they point out he ran on [00:08:22] a campaign promise to pursue the death [00:08:24] penalty in appropriate cases because [00:08:26] they're elected and he ran on that and [00:08:28] so they asked him about this 389. [00:08:31] >> I'm going to refer to uh the prosecutor [00:08:34] in your office whose child was present [00:08:36] at the shooting as prosecutor A. Do you [00:08:39] know who I'm talking about? [00:08:40] >> Yes. Um, have you ever met prosecutor [00:08:42] A's child that was present at that [00:08:44] shooting? [00:08:45] >> Not that I can remember. I could have in [00:08:47] passing, but uh, not that I can [00:08:50] remember. [00:08:50] >> Did prosecutor um, did the presence of [00:08:53] prosecutor A's child have any effect on [00:08:56] the decisions you've made in this case? [00:08:58] >> Zero. [00:08:59] >> Um, did that child's presence have any [00:09:03] effect on your decision to seek the [00:09:04] death penalty? [00:09:05] >> Zero. [00:09:06] >> Why did you choose to seek the death [00:09:07] penalty in this case? because the [00:09:09] evidence that had been gathered supports [00:09:12] the aggravated murder charge and I [00:09:16] believe that the death penalty is [00:09:17] entirely appropriate in this particular [00:09:19] case. [00:09:22] >> That's a good answer. [00:09:23] >> Yeah, it's a good answer. I'd say [00:09:24] throughout this uh I feel a lot of [00:09:26] confidence. I mean, let's just compare [00:09:28] with for example the big Fanny Willis [00:09:31] the proceedings in that related to the [00:09:32] prosecution of Trump a complete farce. [00:09:34] You have they're bringing she's bringing [00:09:36] in her boyfriend for support on this [00:09:39] case and just funneling money watching [00:09:41] the Yeah. Everyone's just It's just a [00:09:43] giant feeding frenzy of incompetence and [00:09:45] corruption. I feel very much here [00:09:48] >> uh watching this hearing. Everyone seems [00:09:50] very professional. They seem very sober. [00:09:52] This is the team you would want handling [00:09:54] this. [00:09:55] >> Everything feels measured. [00:09:57] >> Yes. [00:09:57] >> Nobody's being over over their skis. [00:10:00] Nobody's getting over the top. This is [00:10:02] just very by the book professional. You [00:10:04] can tell everybody's and by the way [00:10:05] there's a whole game that goes on behind [00:10:07] the scenes where the defense is trying [00:10:09] to get the prosecution to trip up so [00:10:11] that they can reverse the you know the [00:10:14] guilty verdict that we're presuming is [00:10:15] going to come on appeal that they can [00:10:17] get them on a technicality. So everybody [00:10:19] is trying to do everything by the book. [00:10:20] This is frustrating for us because we [00:10:23] want to see justice done immediately. As [00:10:25] a matter of fact, Erica Kirk has put in [00:10:27] a statement saying you know in as a vict [00:10:30] she they have victim rights in the state [00:10:32] of Utah. So, she's able to assert her [00:10:34] victim right, saying, "I want a speedy [00:10:35] trial, speedy justice." But they have to [00:10:37] keep that in balance to make sure they [00:10:39] don't overdo it and rush too fast so [00:10:42] that to give the defense an excuse to [00:10:44] again reverse it on appeal. Charlie Kirk [00:10:47] believed courage and [music] conviction [00:10:48] still matter. He wanted every Christian [00:10:50] to stand firm in their faith no matter [00:10:52] the cost. That's why the voice of the [00:10:54] martyrs is offering you a free copy of [00:10:56] Extreme Devotion. Inside are true [00:10:58] stories of Christians in places like [00:11:00] China, Iran, and Nigeria who refused to [00:11:03] deny Jesus Christ [music] even in the [00:11:04] face of imprisonment or death. Charlie's [00:11:07] passion was to see that kind of faith in [00:11:09] all of us. Get your free copy today at [00:11:11] vom.org/charie. [00:11:13] That's vom.org/charlie. [00:11:20] I have a couple more clips we want to [00:11:22] hit. So, uh, I want I mentioned this in [00:11:23] the last one, but I wanted to get to it. [00:11:25] This is uh agent Hull again talking [00:11:27] about the Ring doorbell footage they [00:11:29] were able to get. 426. [00:11:32] >> You said you collected surveillance [00:11:33] evidence from uh Utah Valley University. [00:11:36] Is that right? [00:11:37] >> That's correct. [00:11:38] >> Did that give you some additional [00:11:39] information on identifying the shooter? [00:11:41] >> Uh it did. Yes. [laughter] [00:11:43] >> Um how about doorbell cameras for the [00:11:45] the areas around Utah Valley University? [00:11:49] Yes, we collected a large number of um [00:11:54] doorbell camera footage from multiple [00:11:56] residences in the area um not just in [00:11:59] [clears throat] Oram but also in St. [00:12:01] George. Um and we also uh recovered [00:12:05] video footage from multiple businesses [00:12:07] in the area of the university campus in [00:12:09] Oram and also from businesses between [00:12:12] ORM and St. George. So there's a large [00:12:14] amount of video footage obtained. Uh, [00:12:17] and did those help you identify the [00:12:18] shooter? [00:12:19] >> They did. Yes. [00:12:21] >> So, we know obviously they have some of [00:12:24] this. Some of this has actually already [00:12:25] come out like [00:12:25] >> some of it we haven't seen. Some of it [00:12:27] we haven't seen public, [00:12:28] >> including some of the surveillance [00:12:30] footage from campus. Um, and and then by [00:12:32] the way, there's uh a clip here talking [00:12:35] about all of the social media uh and [00:12:39] text messages that they've collected. [00:12:40] 392 [00:12:42] >> text messages. Uh uh did you collect [00:12:45] text messages from um associates of [00:12:48] Tyler Robinson? [00:12:50] >> Uh we did. Yes. [00:12:51] >> And uh did those what was the did those [00:12:54] have any evidentiary value? [00:12:56] >> They did. Yes. [00:12:58] >> What's how so? [00:13:00] >> Uh some of the communications between [00:13:02] Mr. Robinson and people that he knew um [00:13:05] indicated that he had been involved in [00:13:06] the incident at Utah Valley University. [00:13:09] >> Okay. And you say that indicated he'd [00:13:10] been involved. What do you mean by that? [00:13:12] Uh there was um [00:13:15] I I don't recall specifically with text [00:13:17] messages, but some of the social media [00:13:19] chats there were admissions that he had [00:13:21] been involved in the incident as the [00:13:23] shooter. [00:13:25] So, all of this uh some of it is insight [00:13:28] into what will go into the trial, but we [00:13:29] shouldn't forget what actually brought [00:13:30] this, which the defense team openly [00:13:32] admits is the point of this is to drag [00:13:35] things out, throw in uncertainty, [00:13:37] delayed the trial, delayed justice in [00:13:39] what seems I think you and I both agree [00:13:41] it looks like a pretty opensh case [00:13:44] overall, but the goal is delay. And in [00:13:46] fact, uh they admit that themselves. [00:13:48] Let's play 394. [00:13:51] We understand that there is pressure on [00:13:54] the judicial system to move this case [00:13:57] expeditiously. [00:13:58] There is also a counterveiling [00:14:01] and we believe [00:14:03] um [00:14:06] stronger need to make sure that there's [00:14:09] a heightened standard of reliability [00:14:11] that there is no conflict and that there [00:14:14] is no appearance of conflict. And if [00:14:16] that takes a little bit of time for [00:14:20] another prosecution office to get up to [00:14:22] speed, [00:14:24] the investigation's going to continue. [00:14:26] The discovery production is going to [00:14:28] continue. The lab work's going to [00:14:30] continue. None of that is going to [00:14:31] change. [00:14:33] >> So, oh, just just give us a little bit [00:14:34] of time [00:14:35] >> to get a whole new prosecution team. [00:14:38] >> That's a that's an obscene request in my [00:14:40] opinion. Um, and then there's this whole [00:14:43] other storyline, by the way, where they [00:14:44] don't want still images of Mr. Robinson [00:14:47] in the media. They have grave concerns, [00:14:50] they say, of huge photographic lenses [00:14:52] focused on the client, which will [00:14:53] interfere with his right to a fair [00:14:55] trial. We don't have enough time to play [00:14:56] that clip here because we're just coming [00:14:58] up against a break, but that these are [00:15:00] the central dynamics that we're we're [00:15:03] just getting the first insight of now. [00:15:05] Very telling about how they're going to [00:15:07] proceed in their defense. The judge says [00:15:10] he's going to rule on this specific [00:15:12] request in about 3 weeks. I think on the [00:15:14] 24th he'll issue a written ruling. We'll [00:15:16] also get a ruling on the uh filming of [00:15:19] the proceedings and so forth around [00:15:21] then. But we're going to remain on this. [00:15:23] We we we are asking for cameras in that [00:15:26] courtroom 100%.