
The October 24, 2025 hearing centered on Tyler Robinson’s request to appear at future court proceedings in civilian clothing and without restraints. His attorneys argued that routinely presenting him in jail clothing and shackles would undermine the...
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Tang Luck Luck's on tap. We're talking hundreds of beautifully designed slots inspired by Eastern art and packed with bonus rounds. It's fair, it's transparent, and it's honestly just a great time. Try Tang Luck now and your good luck could turn into big wins. What's up, everyone? And welcome back to the program. In this episode, we're going to pick up where we left off with the Tyler Robinson hearing transcript from back in November. The court so the one concern that I have, and I appreciate counsel laying this out, is the issue of the media and photographs and video, because this is very ripe. And as we have a hearing on the 30th, and so I'm just trying to get an idea of where how much time do we need? Because as this court's trying, two, it's intertwined. And so as I'm looking at what decisions to make, that is an important consideration because it touches upon the issue that we'll be talking about today. And so where are the parties at with that understanding that we have a hearing on the 30th? NOVAK I think where we are at after speaking before we came into the courtroom is we're not especially since we're here today, we're not sure we actually need a hearing on the 30th. The court. Okay. Mr. Novak and we've discussed that with Mr. Robinson. He understands the consequences of further delays so that we can raise the issues and litigate these. I don't want to speak for the state, but I think our idea is, given that we need, like I said, before Thanksgiving to file the motions that we're talking about, maybe the court wants to suggest a hearing date in early January. We will get all the briefing done in time for that or whenever the court is ready to do that after the holidays. And we don't need the status conference. The court set the status conference before any motions were filed. So it makes sense that it's on the calendar. But now we're here today, we Just don't think that there's a need for a hearing. And we certainly can't file brief and represent that it's submitted to your honor before the 30th of any of those. The court. Okay, Mr. Novak. So if the court's comfortable with vacating the hearing on the 30th or postponing it or however the court wants to fashion the scheduling, that's fine with us. We don't need to be here next week unless the court wants to hear a further argument or something that. That we don't cover today. The court. All right. And to the state, Mr. Ballard. And your honor, the state agrees with that approach. We don't think we need. Given everything that we've been able to do today and will be able to do today, we don't need the hearing on the 30th. The court. All right, well, we can address that at the end of today's hearing. All right, well, it looks like we'll be addressing the motion to strike and the dress and restraints issued today. So with that, let's go ahead and move forward. Mr. Novak, Ms. Nestor is going to handle the motion to strike. I'm going to sit down. Thank you. Ms. Nestor. Good afternoon, your honor. Kathy Nestor. On behalf of Mr. Robinson, may it please the court and counsel. Your honor, the motion to strike, obviously it's more of a procedural complaint that we have than the substance that Mr. Novak is going to cover, which with you about the shackling. But we had some concerns in the manner in which the state replied, and I do think that there was a little bit of confusion. I think we were all trying really hard, admirably to get the court quickly on this issue because we all recognized this matter needed to be resolved before any additional hearings were held. And we're very grateful to the court for what you've done to get us here quickly and all the orders you issue trying to accomplish that. We appreciate that very much, and we know that's what was happening. I do think there was a little bit of confusion. The first order came out by the court. It came out October 13th. And in that order, our motion we made very clear. And Mr. Novak will get into all the details of this, so I don't want to steal his thunder, but we welcome the participation of the sheriff in the process. We recognize that the sheriff would have important information that the court would need to take into consideration in making findings on our motion. Our anti shackling motion, if I'll just call it that. So we invited that. We expected that we asked that the court consider whatever documents the sheriff needed to participate with, that they would be looked at on an ex parte basis. We certainly recognize that it might not be judicious for us to see the inner workings of all the jail. We frankly don't want to know any of that. So we already laid the groundwork in our motion for these. This information to come from the sheriff. We welcome it, we wanted it, and we think it's appropriate. We were a little bit surprised when we got the response that it appeared to us. It's apparent on its face that the sheriff is entering an appearance as a party with this pleading that they're actually through. Mr. Van Noy, are lodging objections to our motion as a party would. And that just instantly raised some concerns with us. First of all, because we're looking at a very long case. This case is probably going to last a long time, hopefully. And, you know, we're very concerned about, right from the get go, a precedent being set where the sheriff can enter appearance in our case, lodge objections to our motions and appear and through counsel be heard. That we certainly were not inviting that in our motion that we filed. And we felt very strongly compelled to shut that down quickly and permanently. We did cite to the court in our motion. Certainly we recognize the state can and should respond that it would be perfectly appropriate for the state to reveal, either through exhibits or through testimony at the hearing what the concerns of the sheriffs were. I think that would be proper, and we expected that to occur. The concern we have is that it appears the sheriff is actually entering an appearance as a party. We do not think that's proper. We've cited to the court a couple of cases, the Lane case and also the Brown case, where the. The courts, our Supreme Court, has dealt with the issue of the fact that there were only two parties in a criminal case. Where this usually comes up in litigation is when victims try to intervene in a matter. It's happened to me, it's happened to other people. I'm sure. I'm sure you will see it as you sit down on the bench a little bit longer. But that does happen sometimes where a victim pops in and says, hey, you know, I'm not happy with the way something's going. I want to file a motion. A lawyer tries to file a motion. And in these two cases, that's basically what happened. There were questions of appealability. If something the victim wants is denied, can a victim appeal to the appellate court? Those kinds of things were addressed. But both of the cases, while not on point with what's happening here, and we acknowledge that there are certainly analogous. And the Supreme Court made very clear in the quotes that we put in our motion to strike that the proper procedure is, is that the party does not have the right to enter as a party. They can't file pleadings. They don't have the right to file an appeal. They have the right to be heard under our victim statute. But there's no similar statute for a sheriff or people concerned about security. And actually, in this case, there's an affidavit that's been attached by Mr. Palmer. He's actually part of the court system that's looking at court security. And his affidavit was attached here. I know he's here outside in any case any of us are willing to call him in, But I think he did it the right way. I think his attachment of the affidavit is how that should happen. Right. That he's given you his expert opinion. And the court certainly can take that into consideration. We just felt, you know, I know it's unusual to start right off with trying to strike a pleading of the other side, and that's not something we do very often. But we do think that's important because. Because we have a lot of litigation ahead of us. And I think we need to just make very clear that we have boundaries here and that while we welcome the sheriff's participation, we want their information to get to you so you can make your decision about safety and security for our client as well as everyone else. But we strongly object to them appearing as a party. So I guess our suggestion was if we could strike the pleading to the extent it is on behalf of the sheriff as a party, we would not object to the information the sheriff wants to share with you. We're not trying to shut the sheriff down or say they shouldn't consider what they have to say, but we are very concerned, and we're asking for that reason that the pleadings be stricken and that the court consider it as witness testimony or as evidentiary offerings on behalf of the county attorney, but certainly not accepted as a proper and allowable pleading on behalf of the sheriff as a party.
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And I believe anything else I need to add to that, I think I would submit unless your honor has any questions for me, the court. And so my understanding of what you're saying is that the state should be allowed to call them as potential witnesses. Ms. Nestor. Sure. The court, they put on the evidence and then typically in the criminal cases and evidentiary hearings held and then briefing occurs afterward. Ms. Nestor. Right, the court. And so that would be. That would be your thoughts? If he follows that path, then they filed the same exact motion. Ms. Nestor. Right. Well, we would really like to proceed with a hearing on the shackling motion today. And we're not trying to derail that. I think we could just have some clear indication from the court that the court's going to treat this pleading is not accepting it as a party pleading from the sheriff, but that the court is going to treat this pleading from the state and only the state and that the objections are being made on behalf of the state is not being made on behalf of the sheriff. I envision some type of order to that just makes it very clear in the future the sheriff is not invited to file pleadings or objections, but that you will consider the information in a motion as you take the whole matter under consideration. And we actually don't have any objections to that. Does that make sense? The court so basically clarifying that the sheriff's department is not a party, but as it relates to the motion itself, it sounds like your position is, and correct me if I'm wrong, that you're fined as with the understanding that the sheriff is not a party and can't file objections. Nestor Wright, the court Am I understanding that? Nestor Right, because the motion usually says the sheriff objects to blah the sheriff like they're lodging objections to our pleading. And I think if we all understand that that's not proper and it can't happen again for expediency purposes, because we all want to have this here today, her today that you will take it into consideration as witness information and as evidentiary information, but not as an expression of a party that's entering an appearance and lodging an objection. Because we don't think that's provided under the rules. The court and is it your preference today if I were to go down that route that the state calls witnesses to support what's in their motion or are you willing to accept it as it is as filed? Nestor I think that's totally up to the state. If they feel like they've sufficiently provided you with information, that's fine. If they want to call them, that's fine. I don't think we're going to jump in their boat and make the decision for them. But all we're concerned about on the motion to strike is that it's very, very clear that the roles of the sheriff is as a witness, even as an expert, that's fine, but not as a party and not as someone that can enter appearances now or in the future. The court all right, thank you, Ms. Nestor. Thank you, your honor. All right, folks, we're going to wrap up right here and in the next episode dealing with a topic we're going to pick up with Mr. Ballard and the state's response. All the information that goes with this episode can be found in the description box.
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Host: Bobby Capucci
Episode: Transcripts From The Hearing Dealing With Tyler Robinson’s Courtroom Appearance (Part 2)
Date: July 25, 2026
In this episode, Bobby Capucci continues his meticulous exploration of the ongoing legal proceedings connected to Jeffrey Epstein’s associates by delving into the courtroom transcript from Tyler Robinson’s November hearing. The main focus is on the procedural debate regarding courtroom conduct, specifically on the issues of media presence, motions to strike, and the role of the sheriff in legal proceedings related to Robinson. The host methodically breaks down legal strategies and arguments, underlining the importance of process in what is expected to be a lengthy, high-profile case.
“...As we have a hearing on the 30th, and so I'm just trying to get an idea of where — how much time do we need? Because as this court's trying, two, it's intertwined.”
“Given that we need, like I said, before Thanksgiving to file the motions that we're talking about, maybe the court wants to suggest a hearing date in early January... and we don't need the status conference.”
“...We welcomed the participation of the sheriff in the process. We recognize that the sheriff would have important information that the court would need... But we were a little bit surprised when we got the response that it appeared... the sheriff is entering an appearance as a party with this pleading.”
“We are very concerned about, right from the get go, a precedent being set where the sheriff can enter appearance in our case, lodge objections to our motions and appear and through counsel be heard. That we certainly were not inviting that.”
"Both cases ... the Supreme Court made very clear... that the party does not have the right to enter as a party. They can't file pleadings... There's no similar statute for a sheriff or people concerned about security."
“So I guess our suggestion was if we could strike the pleading to the extent it is on behalf of the sheriff as a party, we would not object to the information the sheriff wants to share with you... but we are very concerned, and we're asking for that reason that the pleadings be stricken and that the court consider it as witness testimony or as evidentiary offerings...”
“So my understanding of what you're saying is that the state should be allowed to call them as potential witnesses.”
“Sure.”
“If they feel like they've sufficiently provided you with information, that's fine. If they want to call them, that's fine. I don't think we're going to jump in their boat and make the decision for them.”
On Setting Legal Boundaries
Ms. Nestor [07:35]:
“We do think that's important because... we have a lot of litigation ahead of us. And I think we need to just make very clear that we have boundaries here and that while we welcome the sheriff's participation, we want their information to get to you... But we strongly object to them appearing as a party.”
On Incentivizing Procedural Integrity
Ms. Nestor [11:25]:
“All we're concerned about on the motion to strike is that it's very, very clear that the roles of the sheriff is as a witness, even as an expert, that's fine, but not as a party and not as someone that can enter appearances now or in the future.”
The tone throughout is sober, professional, and process-oriented. Participants focus intensively on legal process, precedent, and procedural fairness, mindful that the case is complex and projected to continue for a considerable time. There is gratitude expressed for the court’s efficiency, but also a pronounced insistence on clear, proper boundaries for all parties involved.
For Further Information:
All referenced documents, orders, and case law are indicated as available in the episode’s description box. Listeners are encouraged to consult those for deeper context.
Next Episode:
The follow-up will continue with Mr. Ballard and the state’s official response, further mapping out the roadmap for Tyler Robinson’s court matters within the Epstein saga.