Tyler Robinson Preliminary Hearing: Day 2

00:00:03 Speaker 1: My name is Charlie kirk I run the largest pro American student organization in the country, fighting for the future of our republic. My call is to fight evil and to proclaim truth. If the most important thing for you is just feeling good, you're gonna end up miserable. But if the most important thing is doing good, you'll end up purposeful. 00:00:24 Speaker 2: College is a scam, everybody. 00:00:26 Speaker 1: You got to stop sending your kids to college. 00:00:27 Speaker 3: You should get married as. 00:00:28 Speaker 4: Young as possible and have as many kids as possible. Go start at turning point. You would say college chapter. 00:00:33 Speaker 1: Go start at turning point, yould say high school chapter. 00:00:35 Speaker 4: Go find out how your church can get involved. 00:00:37 Speaker 1: Sign up and become an activist. 00:00:39 Speaker 2: I gave my. 00:00:39 Speaker 1: Life to the Lord in fifth grade, most important decision I ever made in my life, and I encourage you to do the same. Here I am Lord, Use me. 00:00:48 Speaker 4: Buckle up, everybody, Here we go. Noble Gold Investments is the official gold sponsor of the Charlie Kirkshaw, a company that specializes in gold iras and physical delivery of precious metals. Learn how you could protect your wealth with Noble Gold Investments at noblegold investments dot Com. That is Noblegoldinvestments dot Com. 00:01:17 Speaker 5: All right, hey, everybody, we are here in studio. We're monitoring the second day of the preliminary hearing in the City of Utah versus Tyler Robinson. A huge, huge moment just happened where the compilation video of Tyler Robinson visiting UVU campus four times. 00:01:36 Speaker 2: Blake and I were watching it. 00:01:37 Speaker 5: Our jaws dropped when you're looking at the time that you know, Charlie was shot and the time that this individual went up on campus and they track him, you know, in the parking garage, across the different areas of campus up under the roof. It was a really, really powerful moment that the judge allowed that to be seen by the media. There was a back and forth between the media and the defense and the prosecution of the defense. 00:02:02 Speaker 6: We're finally getting evidence that we've heard for months exists and we're finally getting to see it. 00:02:08 Speaker 5: So and now there is a sort of John Madden style video where they're zooming in and putting circle marks where they want you to kind of see the suspect walking on campus and wherever else. And so the judge now has not allowed the John Madden style video scene to be seen by the public, but he's reviewing it right now, so we're gonna throw back into the courtroom again, a very very powerful moment that just happened when we hit brakes. 00:02:35 Speaker 2: We have guests standing by that are going to help us chime in. 00:02:38 Speaker 5: We got Will Chamberlain, Jay Town, both lawyers and both gonna help us break down what they've seen. So stand by for that and we're gonna just take the courtroom until the next break. 00:02:49 Speaker 2: All right, Welcome back everybody. 00:02:52 Speaker 5: Like I said briefly when we started the hour, really huge morning in court, and just to kind of go back in time, why don't we bring in Will Will Chamberlain here, article through project and lawyer himself. Will welcome to the show. Thanks for being on standby with us this morning. That was a continuation this morning with that same witness. And they had blocked the judge had blocked the sort of John Madden style video from being submitted his evidence and being broadcast to the public. The state, the prosecution of this instance, went back and got the raw and showed a compilation of the raw video without any zoom in's. 00:03:34 Speaker 2: The judge allowed that to be broadcast. 00:03:38 Speaker 5: What did you see when in what I believe is the most powerful moment of evidence so far in the case. 00:03:45 Speaker 7: Well, I mean, it seems pretty clear they have him don to rights on the fact that he was there, you know, four times in in a little over you know, well, I guess once a week before, in the three times day of and I mean the fact that they have him there, you know, in the morning, and then they have him there right before the shooting, and then you have the video obviously a little smaller with the person who's moving towards him, but it's I mean, it's pretty clearly Robinson too. This is i mean, extremely compelling video evidence. And obviously this is not going to be the end of it, right and you know, the video evidence alone is damning, but we've got all the you know, physical and forensic evidence too. So I think those who were I think the big mistake that maybe those who were skeptical were making was assuming that only the evidence that had been shown within forty eight hours of the shooting that was used to identify and apprehend Robinson, but that was going to be the only evidence that the prosecution was able to present, and that's certainly clearly not the case, even after just this brief moment here. 00:04:46 Speaker 5: Yeah, and Blake, I you know, I was sitting next to Blake when this happened. But there was also the moment when you see him coming down. 00:04:55 Speaker 2: He's changed clothes. 00:04:57 Speaker 5: It's obviously the moments leading up to the actual shop being fired. And he's got that. He's got long pants now. The first video in that morning he was wearing shorts, the same shoes. 00:05:08 Speaker 2: Then he's got pants, and he's got can't walk. 00:05:10 Speaker 6: He's he's basically limping along or shot whatever the term is. He clearly can't bend his right leg more than a few degrees. He's sort of staggering up the steps. And they even say in one of the videos, when this person gets on the roof, they say he rolls over the railing. He doesn't really clamor over it. He kind of has to roll himself over it to get onto the rooftop. 00:05:35 Speaker 5: If you think wireless companies are all the same, you might need to take a look at our friends over at Patriot Mobile. Patriot Mobile isn't just different because of its mission. It's actually built to outperform the other carriers. They offer premium priority nationwide service on any of the three major US networks, helping you get the best possible coverage wherever life takes you. 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That's Patriotmobile dot com slash Charlie or call nine seven two Patriot Today. 00:06:49 Speaker 2: All right, welcome back, everybody. 00:06:51 Speaker 5: So much was made and we've got Will Chamberlain Article three project joining us as well to help break this down. So I'm gonna play this video, which again you know we were all watching it together in the bullpen out here, and when you see Tyler Robinson walking with this gait, this limp, I found it to be one of the most compelling moments. And then the next piece in the compilation. You know, we all know we have the time stamp in our head twelve twenty three, that's when Charlie was killed, twelve twenty three, and you're looking at the time stamp on the video as he's going up onto the roof. I mean, this is extraordinarily compelling. Go ahead and play cut four. 00:07:34 Speaker 8: This is a video of mister Robinson returning back to campus the same way that he did previously on foot. 00:07:40 Speaker 9: You believe this is mister Robinson's returning to campus. I do, yes, okay, And what do you believe? It's mister Robinson. 00:07:46 Speaker 10: The shoes are the same, and the images that we have. 00:07:54 Speaker 8: From my viewing and seeing mister Robinson on the video, it's the same person. 00:08:01 Speaker 11: He's noticeably wearing different clothing. 00:08:04 Speaker 8: He is wearing different clothing, and he also is walking with a gate or a limp in the. 00:08:09 Speaker 10: Studio with the gate or what the limp says. 00:08:13 Speaker 8: Mister Robinson coming up the stairs of the parking structure. Again he seems to be having issues walking, and. 00:08:38 Speaker 9: Again we're able to track, So we're able to track mister Robinson. 00:08:43 Speaker 11: When he leaves this parking structure. 00:08:46 Speaker 10: Yes, we were able. 00:08:47 Speaker 5: To So that is presumably what's causing the gate is that he has the weapon or a portion of the weapon stuffed down his pant leg. 00:08:57 Speaker 2: You can even. 00:08:57 Speaker 5: See the outline. It seems, well, how compelling is that to you as somebody's outside of our orbit? I want to make sure I want to be totally dispassionate here and just balls and strikes. 00:09:12 Speaker 2: What is how compelling of evidence? 00:09:15 Speaker 7: Is that it's extremely compelling. Right, they have video of him walking normally and running out like normally afterwards? Is my understanding? People, you know, that doesn't make sense unless, and especially the fact that the timing is happening right before the shooting, Like why is this person walking like that if he's not carrying a rifle or in sorry, the barrel of a rifle in his leg in his pants that and again I mean the fact again, it's the timing and the combination of evidence here, like obviously he's trying. You know, he's now wearing different clothing, in sunglasses and a baseball cap, trying to hide and change the appearance of his identity with this bizarre physical gait, you know, and it's like he's not I mean, think about it. Here's another way to think about it, right, Like, say this was just some random person who is injured, like you know, theoretically, then why isn't he on crutches? Why isn't he have something that will assist in his mobility, you know, one of those little legs scooters everybody has. Like, no, this is I mean, there's a lot of none of this makes sense and is easily explicable, like to a normal person, Like clearly there's something in his pants and that is a gun. 00:10:25 Speaker 6: And as he said, they're they're saying, how do you know it's Tyler Robinson? And first he says, basically the same shape of person they had earlier. And he said they had the same shoes, So changed his shirt, changed out of his shorts to get into his you know, basically long sleeve long pants so you can hide stuff under your clothes, but still has the same shoes, wearing sunglasses otherwise the same shape person. And of course, as we know, he then walks to the roof of that Student center it gets onto it. 00:10:55 Speaker 5: We have this and I think this is the clip where you can see the time stamp again all of us note Charlie was killed at twelve twenty three. We like will never get that number out of our head, all right, And so to watch the timestamp of the video and you watch him get up there, it's. 00:11:14 Speaker 2: Very compelling. 00:11:14 Speaker 5: Let's just say that top five and what time is this? 00:11:20 Speaker 8: It's just afternoon about twelve fifteen on what day on December sorry, December September tenth, twenty twenty five. 00:11:29 Speaker 11: What just happened or what did we just see happen? 00:11:32 Speaker 8: The individual actually kind of rolls over the railing onto the roof of the Losi building, all right, And again in the top left corner of the individual is now seen running across the rooftop of the Losi building to what would be the southwest corner of the building, crouching down and then crawling to the corner of the building. 00:11:58 Speaker 11: Can you still see that individual? 00:12:01 Speaker 8: Yes, you can, Lane prone, lane prone. 00:12:05 Speaker 2: And then. 00:12:08 Speaker 5: Got another clip here will but just to highlight what you said, the roll over because again he's got the gate something stuffed down his pants. He's not walking normal, so he kind of rolls. 00:12:20 Speaker 3: Over, can't stick his leg over the ruble way. 00:12:23 Speaker 5: To get onto the low Sea building there. And then here's the next clip in the sequence of him then fleeing the roof st six. 00:12:32 Speaker 9: You believe this to be, mister Robinson? I'm sorry, you believe this to be mister Robinson? 00:12:36 Speaker 10: I do, yes? 00:12:37 Speaker 11: And how long is he out there on the edge of the building, just. 00:12:42 Speaker 8: Until the the reported shot was fired at a twelve twenty eight individual then stands up and then moves across the building to the north. 00:12:51 Speaker 11: Is that what we're seeing happening right now? 00:12:54 Speaker 10: It is, Yes. 00:12:55 Speaker 8: They move behind the atrem area on the rooftop to the northeast corner where the white triangle is. 00:13:06 Speaker 11: Do you see, mister Robinson? 00:13:08 Speaker 8: Now I do, yes, he's just arriving at the corner of the building, the almost top center of the image. What are we seeing now, mister Robinson lowering and jumping off of the roof of the Locie building onto the grass area and then moving away towards campus drive. 00:13:34 Speaker 6: So the guy with the limp suddenly became a lot more mobile right there. 00:13:38 Speaker 5: Right after twelve, twenty three and twenty eight, which is, as we all know, the moment. So ah, it's hard to watch, to be honest. So I don't know if anybody else want to chime in here. 00:14:00 Speaker 7: Yeah, I mean I remember that footage, that footage, at least that little bit of security footage that was published pretty I think that was published all the way back forty eight hours after the shooting by the FBI when they were looking for the guy and they were sort of presenting the evidence of why they thought this was the guy. Maybe was it the apprehension, I'm not sure, but I remember that that footage, and I thought it was, you know, perhaps one of those things where once you understand that, it's like, oh yeah, clearly it's this person, right whoever? You know, you have the timing in the background, you know, that's when the shot just happened, and then you have a guy scrambling across the roof and dropping himself down to like clearly escape, like if he was you know, a normal person, say just again, like, let's let's try and construct sort of innocent explanations, right, why is there a normal person on the roof. What would they do, well, they wouldn't run and try and drop down ten feet. They would just go down, go back the way they came. They would walk down the stairs. If they're just a normal person going about their day and for whatever reason decided to take a brief excursion of the roof for sightseeing or something. But no, this is a person who's running. 00:15:02 Speaker 5: Hi, folks, Andrew Colvett here, I'd like to tell you about my friends over at y Refi. You've probably been hearing me talk about y Refi for some time now. We are all in with these guys. If you or someone you know is struggling with private student loan debt, take my advice and give them a call. Maybe you're behind on your payments, maybe you're even in default. You don't have to live in this nightmare anymore. Why ref I will provide you a custom payment based on your ability to pay. They tailor each loan individually. They can save you thousands of dollars and you can get your life back. We go to campuses all over America and we see student after student who's drowning in private student loan debt. Many of them don't even know how much they owe. Why ref I can help, Just go to y refi dot com. That's the letter, why then refi dot com And remember why REFI doesn't care what your credit score is. Just go to yrefi dot com and tell them your friend Andrew sent you all right, Welcome back, everybody. So that was an interesting back and forth. We kind of saw some of the I think from Kathy Nester, the defense attorney's cross examination of that witness. You know, she's obviously trying to poke holes in some of the ring camera footage, which I think is fairly fairly flimsy. I mean, trying to remember what cars drove in front of a person's house would be extremely difficult, and then you actually do have the ring footage, which is what it is, right, So, I don't know what. I don't know what they would make of that or if that would be compelling evidence to judge a jury. Then you see the cross examination by the state going back kind of in reacting to some of Kathy Nester's cross and it felt like there was he did a fairly thorough job of kind of plugging in all those holes. You know, they keep talking about out this bullet casing not being found on the roof. That has been sort of dealt with as well, that if you have a bolt action rifle and you only fire one shot, it doesn't eject the casing that was found later. 00:17:14 Speaker 6: The most important thing, I mean, we got that a little bit is that they established they basically asked them, did you have any suspects before Tyler Robinson turned himself in? 00:17:27 Speaker 5: Yeah, that's a very that's a very good point. 00:17:29 Speaker 6: I think they might be setting up as in, you didn't really deduce that it was Tyler Robinson until this happened. But the flip side of this is that's absolutely devastating to people who were claiming, oh, he didn't get turned himself in, the weirder stuff that he was coerced into doing this. 00:17:47 Speaker 5: Yeah, and that was actually kind of the I think a moment that we you could skip over and kind of not hear it, But the defense themselves is admitting that Tyler Robinson turned himself in. So you know, what would compel him to do that? Besides being guilty of the crime of the alleged crime here, I don't know what you could surmise from that. There was also this there was also this interesting moment where talking about like some of the camera footage that there were there were multiple angles or something. 00:18:28 Speaker 2: Uh, not twelve. 00:18:29 Speaker 12: I want to talk now about the TPUSA video that you got. That was the angle that was taken from behind mister Kirk while he was talking looking out at the audience during when the shot was fired. Do you remember that video? 00:18:44 Speaker 10: The Visual Impulse videos? Yes? 00:18:45 Speaker 12: Yes, all right? Is it true that Visual Impulse provided four videos? 00:18:51 Speaker 1: Uh? 00:18:52 Speaker 8: Yeah, I believe there were full total videos that encompassed everything that they provided to us. 00:18:57 Speaker 12: Yes, but the one that you showed, that's only one one of the four that they provided to you. 00:19:03 Speaker 10: That one that was shown had de Bate's number. 00:19:06 Speaker 8: It was an item that was provided by Utah County Attorney's office. 00:19:09 Speaker 12: Okay, but were there more that you haven't seen in this courtroom in this prelim that you got. 00:19:16 Speaker 10: Does the original footage okay? 00:19:19 Speaker 12: But were there other angles that are not shown here in this prelim? 00:19:23 Speaker 10: Yes? 00:19:24 Speaker 11: Okay, That's what I was trying to get to. 00:19:25 Speaker 10: Thank you. 00:19:26 Speaker 5: So I don't really know what she's getting at Their all that that video was turned over to authorities, that's why they have it. So I don't know if she's trying to get access to that, or doesn't have access to that. I'm not sure what to make of that precisely. 00:19:43 Speaker 6: It's always tough to see what they're going for, as we've established there really throwing every piece of spaghetti at the wall to see what sticks they are. They're asking, They're bringing up every objection they can. They're asking questions that seem weird. We even heard them ask him, did were you involved in the decision to repave over where it happened? And he said no, I only heard about that later. 00:20:08 Speaker 5: Same and through the news. He said that through news reports, Yeah, which was the same for us. Yeah, there's a bunch there. It does seem just initial reaction. Kind of the way she's going through everything. It does feel like they're just kind of trying to, i don't know, sort of poke holes, blur the vision. I think it's important then to kind of go through some of these different moments that we have here, right so, just to recap for the audience, we've got the medical examiner's report says cause of death was a gunshot wound to the neck right, so no exploding mic theory CPSA turned over HD video footage of a Visual Impulse turned over the video footage from their camera shooting, so nobody tampered with that evidence. 00:20:55 Speaker 2: It was turned over. 00:20:56 Speaker 5: The lead investigator testified that the tip came when a person, Tyler Robinson, turned himself into the Washington County Police, So he did turn himself in. That's another sort of thing that's been unclear access to the rooftop. We heard from that testimony that he when he was walking with the limp, he kind of rolled over the railing. So it was the open to the public, a small guardrail that can be hopped over to gain enter in this case rollover. So you don't need to be super tall, you don't need to be super you don't need to have like a huge vertical jump or anything like that. 00:21:34 Speaker 2: He rolled over it. 00:21:35 Speaker 5: That video is has been presented of that moment happening. So there's just that the bullet casing we talked about that bolt actions doesn't eject the casing. 00:21:47 Speaker 2: If one SHOT's firing, go ahead, you are. 00:21:50 Speaker 6: I'm just thinking it's some of the I'm relooking because we're getting these videos coming in. Some of the stranger objections they go after the autopsy there, they asked, were you personally present, isn't there? And he says no, So so you're only getting this secondhand. Yes, that is what we're allowed to do in this preliminary hearing. We will see, you know, the medical examiner will almost presumably come in or give some kind of uh mix, some sort of appearance in the actual trial. But for now, it is enough for the police officer to say, I have seen the report and this is what it says. 00:22:22 Speaker 5: Uh. 00:22:22 Speaker 6: But they're they're they're really making a lot of objections and I know some people are freaking out about them. Remember, Tyler Robinson is constitutionally entitled to a defense, and you and I both believe they have a pretty tough job to do. 00:22:38 Speaker 5: Honestly, it would be a tough job. I in kind of just hearing Nestor repeatedly say Tyler Robinson turned himself in and it's sort of that alone would be a really uphill battle at that. 00:22:50 Speaker 6: Ask yourself, what would you do if you were required professionally to do this? 00:22:55 Speaker 5: Yeah, and so you're you're basically casting any doubt you can, any skepticism in any different piece of the pie and the puzzle that they put together to try. And I don't know, just inject any sort of doubt in the mind of the judge in this case, because it's kind of he's an audience of one right here, but you know, it's a preview of what the defense tactics are going to be. 00:23:17 Speaker 4: Uh. 00:23:18 Speaker 5: But yeah, just him admitting alone. So it basically I'll read the quote here, and I think we're getting the video. 00:23:25 Speaker 2: As well. 00:23:26 Speaker 5: It says, isn't it fair to say that as of this is from nestor the defense? Isn't it fair to say that as of the moment that Tyler Robinson voluntarily surrendered to authorities in Washington County, as of that moment, you all did not know who the shooter was. 00:23:42 Speaker 2: Is that right? 00:23:43 Speaker 5: Even the framing of that you didn't know who the shooter was that we had are you admitting that this that Tyler Robinson is shue what they had a. 00:23:52 Speaker 3: Person of interest? They didn't really explore that. 00:23:54 Speaker 6: I don't think was it Tyler Robinson or was it somebody else? 00:23:58 Speaker 2: You mean, the the investigators When he says that. 00:24:01 Speaker 6: Yeah, we had a person of interest, we. 00:24:03 Speaker 5: Had never heard a person of interest, but we did not specifically know who the shooter was at that time. I think I read that as just I read that as just sort of him saying that we identified that person. 00:24:14 Speaker 2: Of the suspect in the video. 00:24:15 Speaker 5: That makes sense, yes, yeah, because he's saying we don't know who. We didn't know who specifically know. 00:24:19 Speaker 3: Who the shooter was, so net where they were looking for. 00:24:22 Speaker 2: Yeah, they exactly. 00:24:23 Speaker 5: They they knew the person in the videos, they'd seen who they they thought was the person of interest. You and then Nestor says, you became aware that mister Robinson was voluntary voluntarily surrendering. How did you become aware of that? And Hall says that information came originally, I believe, from the Washington County sheriff to the administration at the UH the Control center at the university on the evening of the investigation or the second evening of it. 00:24:49 Speaker 6: Just to help people have this map in their head. Washington County is down in Saint George. That's actually many hours drive away. This is in Utah County. That's where Provo and Orom are. And then While County is down in the southwest corner of the state, close to Nevada and Arizona. 00:25:04 Speaker 3: That's where Tyler Robinson is from. 00:25:06 Speaker 6: That's where he turned himself in, and so I just want to emphasize that point that this is a completely separate police department, sheriff's office that is bringing in this information to them. 00:25:19 Speaker 5: Gentlemen, let's get real for a second. Are you frustrated with today's woke dating scene? The apps, the games, the endless swiping. 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Visit selective search dot com slash California today. Let the professionals introduce you to women already looking for someone like you in southern California. Don't wait for the perfect match. Take action now. Go to selective search dot com slash California and start building the future you deserve. All right, welcome back. It appears that the preliminary hearing is still taking a break. Here we have Jaytown, career prosecutor, former US attorney. You can find them on exit Jaytown, Alabama. 00:26:58 Speaker 2: Jay. 00:26:59 Speaker 5: There was a this obviously that back and forth between the prosecution and the defense. Ultimately the judge Tony Graff, agreed to take the non edited compilations, so we took the raw footage kind of piece by piece. We see that Tyler Robinson was on campus four times, you know. And by the way, we're looking at the time stamps of that individual that is presumed to be Tyler Robinson up on the rooftop prone right there at twelve twenty three when Charlie was assassinated and then immediately runs off, and you know, we see the video with the limp. How compelling you've argued these cases you've been a prosecutor, how compelling is that evidence? And what do you make of the defense's cross examination as well? 00:27:51 Speaker 13: Yeah, so, I mean these are big pieces. I would say that the entire puzzle is what gets you beyond reasonable doubt. And so when you take the you know, what juris want to do is they want to be certain, especially in a death penalty case, if death is to be awarded, they they beyond a reasonable doubt is the legal standard, but they want to be absolutely certain, which is not the legal standard. But to be able to time stamp in, to be able to have his parents recognize him in those videos that the you know there he is walking, coming in, going out those videos. Juris love that stuff. And I'm not talking about the judge. We're way past probable cause already, but the jury will be able to be you know, they will be able to trust the prosecution that this is an absolute certainty that this is the man who murdered Charlie Kirk. Now, any defense cross look and we talked about this yesterday. When when there's not a real defense, you're going to try to poke holes in every little word that is you us. You know, for instance, the officer yesterday said that he saw an empty holster. He thought the gunshot came from the eastern direction, but then they saw a man was detained by the stage. So he just assumed that the police got it. Well, that's human frailty. People think they could have got it wrong. It's in an echo chamber essentially, so you know, that's why he might have thought that people were like, oh, that was an amazing cross examination because now he didn't really know which way. You know, he thought that he wasn't certain which way the gunshot came from. Well, it turns out there's other forensic evidence that suggests exactly where it came from, right to include the entry wound and the penetration of the spine. And Charlie Kirk tells you exactly what direction that bullet came from happens to be the same direction of that rooftop where that prone position was. 00:29:48 Speaker 5: Right. So, hey, Jay, I'm just getting told in my ear that they're just coming back. But I have so many questions for you. You know, so he ran out of time here, but we got to take back the trial here. 00:30:02 Speaker 2: Thank you. Jay for the hearing other. 00:30:07 Speaker 5: Good conversation is about respect. It's how we create a space where people are able to share their ideas and be heard. Charlie knew that Turning Point still knows that, and TikTok has always strived to build the kind of place that thrives on respectful connection, where curiosity fuels connection and we can share what's on our minds and learn from each other. When ideas meet respect, good things happen on TikTok. You can find a mechanic explaining the why behind a problem most of us wouldn't even know how to name, or a father sharing a lifetime of knowledge with his viewers. Viewers who listen discuss, and then they respond. TikTok turns connection into community through small acts of understanding. You can feel it in the comments and the thank you from a stranger halfway across the world. TikTok is a place where respect opens the door for discussion, and discussion helps us build something real. 00:30:57 Speaker 2: All right, welcome back. 00:30:58 Speaker 5: We're gonna take the last part of this hour to kind of summarize what just happened. As we're getting at real time that whole proceeding I'm. 00:31:09 Speaker 2: Sure, people, I was weird. 00:31:12 Speaker 5: Yeah, we're sort of wondering what it was. Okay, that was in regards to a statement from David Engelhart, who yes, is a pastor and a lawyer, and he's also a board member Turning Point. I believe he was asked to sort of provide that kind of as a statement of what does Turning Point do, what does it believe? What did Charlie believe? Talking about Christian beliefs, conservative values. They're doing that because there's something called enhancements. And again, apologies if I get any of this slightly wrong, just simply because I'm not a lawyer, but they are something called enhancements necessary for a death penalty case this thing, so you have to prove that it was done the motive was done out of a political or religious basically motive. 00:32:05 Speaker 6: The Supreme Court when they briefly banned the death penalty and then brought it back in the seventies, when they brought it back, they said, you can't have the death penalty just be the default punishment for first degree murder. You need some sort of aggravating factor. And so states that have the death penalty, such as Utah, have these aggravating factors. Common ones is if you've committed murder before, if if you killed law enforcement officer, if you killed children, if you killed several people, and so what they're going for here, you could see this. Actually, when they did the charging document, they looked for a few different reasons. This is one reason. For example, they I remember in the original charging document they mentioned like other people were in the area, so that they could claim he was endangering the lives of miners or other people. But the one that seems to be the strongest is that he was shooting Kirk because shootingly because of his political beliefs, and that is an aggravating factor, basically makes it a form of hate crime. 00:33:07 Speaker 5: Right, And let's we have the we have a I'm gonna try and pull it up here a team. Can you pull up the text message exchange, the highlighted one where it talks about some hate camp be negotiated out. I know we have that. Let's while we're while we're trying to get that clip, let's go ahead and play top twenty four. This is defense attorney Novak arguing there's no relevant information in Exhibit five point one, which is this letter submitted by David Engelhart twenty four. 00:33:38 Speaker 14: What I'm gonna do is, I'm going to point out that this proposed exhibit, which is the eleven oh two statement of mister Engelhart. 00:33:48 Speaker 10: Is basically four paragraphs. 00:33:50 Speaker 14: The fourth paragraph identifies mister Engelhart, although I say in the third person as a pastor and as an attorney who was a friend and a counselor to mister Kirk and was involved in leadership of Turning Point USA. Beyond that, it's not really relevant to any of the issues. 00:34:14 Speaker 10: Before this court. 00:34:16 Speaker 14: Paragraphs one, two, and three talks about Turning Point USA's status with the Internal Revenue Service, the purposes of Turning Point USA, and what I'll just refer to generically as the goals and objectives of Turning Point USA. 00:34:34 Speaker 10: And it also then. 00:34:34 Speaker 14: Talks about mister Kirk's relationship with TPUSA. None of this is some known information, that he was a founder, that he was the chief executive officer, that he was the president of the board until his death. So I'm still not sure what the relevance is, and I guess actually what I should say is, I don't believe there is any relevance of any of this information. 00:34:54 Speaker 2: All right. So that's Novak. And by the way, I will just say I. 00:34:58 Speaker 5: Observed that the judge Graf looked for the first time, just from my eyes, I am just what I observed that looked irritated. He looked sort of frustrated with just this constant you know, objection, objection, objection, objections. And I would say that that was kind of the first time. I believe check fact check me on this. That Novak has been heard audibly in the courtroom during this preliminary hearing. 00:35:29 Speaker 2: And his tone is very gruff. 00:35:30 Speaker 5: It's very sort of commanding, almost like he's trying to dictate the terms to the judge. So I can imagine that would sort of be a little exhausting. So throw this up. We have this, and you know, by the way, this this text message exchange between Tyler Robinson and Lance Twigs that the state is presented. I had enough of his hatred. Some hate can't be negotiated out. 00:35:57 Speaker 2: Now. 00:35:57 Speaker 5: That is Tyler Robinson, who is a you know, I guess former LDS right. He was raised Mormon. Obviously was not living that way at the time of the shooting because he was living with his boyfriend, so he had a gay relationship with Twigs. Twigs was trans identified guy in So all of this is very pertinent because I had enough of his hatred. Some hate camp be negotiated out. So these things are are relevant in many ways. There was this then a discussion about should the letter be submitted as evidence in a close hearing. So here's SOT twenty five. This is Judge graph rules on objections on this closed hearing SOT twenty five. 00:36:46 Speaker 15: Under account one aggravated murder, which is a capital offense, victim targeting enhancement and violation of UTAH Code annotated seventy six h three DASH two oh three point one four sub two Tyler James Robinson intentionally selected Charlie Kirk because of Tyler James robinson belief or perception regarding Charlie Kirk's political expression if that was not here this enhancement, and it also goes to count two felony discharge of a firearm causing serious bodily injury and then finally count seven violent offense committed in the presence of a child, where the victim targeting enhancement also is in play because that is part of the information that's squarely before the court. This becomes relevant now trying to determine what is political expression versus religious expression. That goes into different grounds. But at this point the court finds it is relevant for consideration, and if for the very least for argument, the need for a close hearing is not been met at this point. 00:37:58 Speaker 5: So it's not been met at the point with a closed hearing. Then he goes on judge. Judge graph explains what so he kind of splits the baby here. Now again my interpretation of this, and I think a lot of people agree with me, because I've got, like I said, I got all these lawyers and prosecutors a gun out of the woodwork. 00:38:20 Speaker 2: I didn't even know that. 00:38:21 Speaker 5: I you know that they they were paying attention, but there, you know, it's sort of signaling that the judge kind of hasn't. I'm sure he's thinking that there's enough evidence here right even just from the charging documents to take this thing to trial. He's trying not to step on any procedural trip wires here that could cause a mistrial, could cause this thing to get overturned upon appeal, all these things, so he's being very deliberate. It kind of splits the baby. See how he addresses this objection from the defense here Sat. 00:38:55 Speaker 15: Twenty six, and so the ruling of the court is previously I sustained mister novalla objection, and the Court will expound upon that that mister McBride in's argument cannot read the entirety of States Exhibit five point one. Can he reference points of it and specifically quote certain points. The Court rules that he can. There is grounds for that to occur in order for the Court to consider the argument fully in making the determination whether it is relevant and should be admissible. Therefore, the Court rules that mister McBride can continue in his arguments in order that the Court can make its determination whether State's Exhibit five point one is admissible or not. 00:39:41 Speaker 5: Okay, So then so he splits the baby, mister McBride of the state. The prosecution then is able to sort of paraphrase and pull out aspects of the letter, which I'm sure with honestly frustrating for him not just to be able to kind of read verbatim or frame it up. And you could see that kind of frustration between mister McBride and mister Novak on the defense. So it was just again technical back and forth, very interesting, but ultimately it is the judge essentially ruled that A we don't need to go to a closed hearing for this, and B he can extrapolate the main takeaways of the letter from David Engelhart to make the case that this was an enhancement that warrns the death penalty in this case. 00:40:28 Speaker 2: So that's all of that was about. It took about. 00:40:32 Speaker 5: Forty minutes, fifty minutes, so you wonder how long this liffe gets dragged out. 00:40:36 Speaker 6: Yesterday we had that with with Holt, where he they had about forty five minutes of back and forth and they had a closed door break for discussion on whether he's allowed to identify the defendant in the courtroom, and they build it up, they build it up, and then they finally are allowed to get to the point Okay, can you identify it? 00:40:56 Speaker 3: Yeah, it's the guy between the two defense attorneys. 00:40:59 Speaker 2: Yeah, yeah, exactly. 00:41:01 Speaker 6: It's like watching if you're familiar with the tea serah, the medieval tea ceremony in Japan, just something that could be done in ten seconds and it's going to take all day. 00:41:13 Speaker 2: Yeah. 00:41:15 Speaker 5: Well, that was a fascinating back and forth in a I think, you know just to sum it up, I think the big, the big piece of evidence that was submitted was that video compilation of Tyler Robinson, the man that the investigators identified as Tyler Robinson. They repeatedly stated that it was Tyler Robinson from the stand officer hole, and they have him there multiple times that day. They have him walking with a limp with presumably a weapon in his pant leg. They have him getting up on the rooftop of the lo. 00:41:49 Speaker 2: C Center and they jumping off. 00:41:51 Speaker 5: They have him immediately jumping off after twelve twenty three, when we know Charlie was shot, and they runs off the rooftop and throw something down on the ground. I believe that video is now public record, and it's more video than we've seen before. 00:42:11 Speaker 3: And we're still we're still waiting. 00:42:14 Speaker 6: We basically have I think we'll have who's the guy who's going now and at least one witness after that. 00:42:21 Speaker 5: Yeah, and we still haven't got We still haven't got. 00:42:23 Speaker 6: We're still waiting on we're still waiting on forensic testing to get entered in. I assume there'll probably be some further description of the turning in process in Washington County, right, I'm not sure how much we'll get out of that was turned in, but we're waiting on all of that. We'll have about three and a half hours of continued testimony today once they get back at one forty their time, they're going till five. 00:42:50 Speaker 3: Then tomorrow they'll be starting after lunch. 00:42:53 Speaker 6: It'll be a half day on Wednesday, and I guess we'll see how long it takes. Some people have said they think the prosecution half of this will be done by Wednesday. Yep, but they found a way to elongate every single aspect of this. 00:43:06 Speaker 5: Yeah, so we'll see. We're going to just a note about how we're gonna handle tomorrow. So when the live show is tomorrow, there shouldn't I don't think there's gonna be a hearing anything because it's going to be scheduled for the afternoon as we understand it, So presumably that'll be the schedule. If that's the case, then we will do a normal live show. We'll, you know, probably have an opportunity to cover some of the other news, like Mitch McConnell's health, what's going on in the straight of Horn, Moose Grand Platner, There's a lot going on right now. Bernie Sanders has actually called for the Grand Platner to step down. But there's a lot of news going on and we're going. 00:43:46 Speaker 2: To cover that. 00:43:48 Speaker 5: Maybe we'll address some stuff from the trial, but again we always have the After the preliminary hearing raps. Tonight, we will do a day two recap. Tomorrow we'll do a day three recap all focused on this trial. So stay tuned right here to the Charlie Kirk Show as we cover the State of Utah versus Tyler Robinson. We want justice for Charlie. That is what we want more than anything, and we want to see the justice system play out. We want to see, you know, he is presumed innocent until proven guilty. That's the way our justice system works, and we love that. We love that and if you think it's a great heritage that we have. And so we're gonna we're gonna follow us beat by beat, day by day, evidence exhibit by exhibit. So stay tuned right here, just the facts, and we appreciate you guys tuning in and we'll talk to you soon. For more on many of these stories and news you can trust, go to Charliekirk dot com.