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The Epstein Chronicles
Tyler Robinson Preliminary Hearing Transcripts (Day 1-Part 1) (8/7/26)
00:13:17
Day one of Tyler Robinson’s preliminary hearing on July 6, 2026, largely centered on prosecutors beginning to construct a timeline of Charlie Kirk’s killing at Utah Valley University and establishing the authenticity of the surveillance footage and...
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Judge Toni Graff
What's up everyone? And welcome back to the program. In this episode, we're going to begin taking a look at the transcripts from Tyler Robinson's prelim hearing. All rise. The court, Judge Toni Graff, now presiding. Judge Graff, please be seated. Good morning. Court is now in session. Calling case 251, 403, 576, State of Utah v. Tyler James Robinson. Counsel, can you enter your appearance please? Chad Gruenider, Ryan McBride, David Sturk. Good morning. Of the state, Mr. Jeff Gray, the county attorney Chris Ballard are also present. Judge Graff, good morning. Now the defense. Good morning, your honor. Kathy Nester, Michael Burt, Richard Novak and Stacy Visser here on behalf of Mr. Robinson, who's seated to my right. Good morning, Mr. Robinson. Good morning. For the record, the court also recognizes the presence of Ms. Erica Kirk. Ms. Kirk, good morning. First, with respect to the courtroom protocol to maintain security in decorum, any individual who exits the courtroom during proceedings will not be able to be permitted to re enter until the recess. All counsel are expected to take reasonable measures to safeguard confidential communication. Such measures may include the use of screen protections on electronic devices and care to avoid inadvertent capture of privileged or private discussion by recording equipment or by those present in the courtroom. In addition, the microphones at your table have been turned off. Again, an attempt to try to minimize the possibility of any of the communication being captured. I ask that if you're speaking that you come to the lectern and that microphone will be live. And so that's the best way that we can hear you and it's captured for the record. Alright. Second, the court will address the camera operator and the court knows there is no still photographer for today's proceeding. Pursuant to the court's ruling from Last week to our camera operator. Would you please approach the lectern? My microphone. There we go. Now it's back on. Could you state your name for the record? The gentleman's Name? John Wilson, KSL News, Judge Graff. Mr. Wilson. What duties will you perform today? Mr. Wilson? Shooting the proceeding according to the decorum order. Judge. All right. And have you had a chance to fully review the court's standing decorum order, John Wilson? I have, sir. All right. And you understand all the requirements set forth in that order as it applies to your activities today? Yes, sir. Okay. Do you require additional time to review the order or to adjust the equipment to ensure compliance? No, sir. Judge do you anticipate any difficulty complying with the order or with any of the court's instruction, John Wilson? No, sir. Judge all right. Well, thank you, Mr. Wilson. I appreciate you being here. Next, turning to the amended motion to allow the use of portable electronic devices filed by the news media and their counsel. The court appreciates the arguments presented in the motion and recognizes the importance of the press in the criminal justice system. Having considered the motions before the court, the request to permit representatives of the news media to use portable electronic devices during the prelim hearing is respectfully denied. The. The request to permit counsel for the news media to use portable electronic devices during the prelim hearing is granted. As officers of the court, Council shall be held to the same standards applicable to the council for all parties and comply with the court's standing decorum order. I wish to turn the matter before us today, the upcoming prelim hearing. And the court is mindful of the safety and well being of all parties, Council witnesses, court staff and members of the public who are present. The court is also mindful of the duty to protect and uphold the constitutional rights of both Ms. Robinson and Ms. Kirk to serve those important interests. The court reminds all persons who will be in attendance that the portable electronic device will not be permitted in the courtroom or on the fourth floor. In addition, each person who is in attendance will be afforded the dignity and respect due to them. And pursuant to the standing decorum order, all spectators shall be quiet, civil and orderly. Spectators shall not engage in any distracting, disruptive, provocative, disrespectful, uncivil or threatening behavior of any kind. Spectators shall not make any audible comments of any kind. Shall not shake or nod their heads. Shall not otherwise make any gesture during the hearing. And the court recognizing that this hearing may invoke a motion from everyone and that the court understands the human nature of that. But also it's important that this courtroom is orderly, a spectator shall not wear or display any pins, buttons, signs, clothing or photographs expressing support for or against any person related to this case or the status of this case as a capital offense. Turning to counsel, before we begin, I want to acknowledge that over these past 10 months I've had a chance to observe each of you, and I find that you are all confident, prepared, and that you care deeply about the case. I ask you to continue that conduct and to conduct yourselves in accordance with the rules governing professional conduct, civility and ethics. I also ask you that you remain mindful of the constitutional rights of of all parties in every engagement and that you treat each person you engage with with the dignity and respect that they are inherently due, as they are human beings. I want to turn also to objections, the format that I wish to follow if objections are made. When an objection is made, all parties shall pause so the objection may be heard. Speaking Objections are not permitted. If any party believes then that an extended argument is necessary, particularly on sensitive matters, the party may request to approach the bench, and all parties will approach the bench. Both sides will be afforded an opportunity to be heard for or against the objection, after which I will issue a ruling either sustaining or overruling the objection. Once the ruling has been made, director, cross examination may resume. I anticipate that will begin each morning at 9am with the exception of Wednesday, and we will begin at 1pm we will take a 15 minute morning break and a 15 minute afternoon break. If there is a situation that necessitates a break, please approach the bench and we can address that. We will recess for lunch at noon for one hour each day with the exception of Wednesday. And court will resume at 1pm and continue until 5pm each day. Does either party need the benefit of the record? KATHY NESTOR Defense no, your honor. Judge Graff. Thank you, Ms. Nestor. Chad Grueninder no, Judge. Thank you, Judge Graff. Thank you, Mr. Grueninger. Do either party wish to invoke the exclusionary rule? KATHY NESTOR Defense invokes, your honor. Judge Graff. All right. Defense has invoked the exclusionary rule. I ask that all witnesses, if present, be excused from the courtroom and ask that each party monitor the courtroom to ensure that your witnesses are not present and I'm not familiar with who they are. Of course, victim representative is excluded from that rule, as is the case manager, pursuant to the rules. Bailiff. Inaudible Judge Graff Okay. And I anticipate that from here on out that they're just going to come
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Judge Toni Graff
Okay, so just for the benefit of the record, the questions. Yes or no questions. While the parties have entered their appearance and they're all present and neither party wanted the benefit of the record, Ms. Nestor invoked the exclusionary rule. And Mr. Gruenander, if you'd like to approach the lectern as the microphone at the table not activated. Chad Gr thank you, judge. Yeah. We anticipated that the defense would invoke the exclusionary rule. We consulted with the defense for just a couple of minutes prior to the start of the hearing. We essentially have two case agents, your honor, David hall and Brian Davis, both from the state of Utah. The defense has consented that both of them can be present. So one is seated at my table, the front table. The this is Brian Davis, Agent Davis, and agent Hull is seated on the bench just on the Other side of the bar. He'll be present for the hearing as well. Both of these agents will be testifying as part of the hearing. Judge Graff. Thank you. Ms. Nestor, your microphone's dead. If you want to come forward, it sounds like you've stipulated, but just for the benefit of the record. Kathy Nestor. We have stipulated, your honor, for the purpose of this hearing only. Judge Graff. Thank you. All right, so agent Davison, Hull are permitted to remain in the courtroom during the duration of the prelim hearing. Any other business that we need to address before we turn to the business of witnesses. Mr. Novak. Richard Novak for the defense. Thank you, your honor. Richard Novak for Mr. Robinson. Your Honor, the court had issued an order, maybe it was early last week, asking the parties to meet and confer about the question on of whether exhibits will be published than we did. And we can either deal with this as a general matter or we can deal with it on an exhibit by exhibit basis. But I just want to make sure that we didn't lose track of that issue. The court had earlier entered an order granting, in part, the defense motion to exclude. I'm just going to say technology in the courtroom because it's shorthand for video cameras and photography and microphones, because the parties had earlier stipulated that none of the exhibits would be available from the prelim hearing, would be available for inspection or copying. I understand that publishing the exhibits in the courtroom may technically be different than that, but whenever the court's ready to deal with that issue, we just want to make sure that we do so. Judge Graff IN audible NOVAK before it's too late. Judge Graff. That's always the right time to do it. NOVAC okay, thank you, judge. Graffiti. Turning to the state and in defense, do we anticipate this being a long argument, or is it something that we can handle that there are some stipulations that we can address right now, and then the remainder we can address on an exhibit by exhibit basis. Mr. Grueninder. Judge I don't know that we have any stipulations, but with that said, it's correct. Mr. Novak's correct. We did meet and consult on the issue. I wanted to give the court just a brief roadmap, but part of that was exhibit 7, 8, 9 that we propose introducing will be graphic in nature. And those were the exhibits I was referring to at the last hearing where we would like to take a short break before they were published, if they are published, whether it be, by the way, a video or audio. Judge I don't see any TVs or monitors here in the courtroom today with respect to publishing, something that would go beyond council table and your honors bench. So I don't know how much of this is an issue or it's going to be anyway, at least with respect to pictures or video. Judge Graff, thank you. And that's a great point. And the courts thought about this issue in regard to publication of exhibits. Obviously, the court will entertain all motions before any but after considering it, here's the two points that I wish to address in regard to the exhibit. There is a benefit to publication of certain exhibits, but I also do not and this is going to the camera operator, do not want them to be displayed on tv. I believe it's important that the parties know that the exhibits are being viewed by the judge in real time and in open court. However, what I will do is have the monitor placed against the wall to reduce the possibility of it being broadcast and so on the exhibits that the court grants to be published in court and not going to Mr. Novak's point, not to be given copies to and the court's trying to be mindful that if it's shown on tv, that's essentially giving a copy to and so the court is taking Mr. Nowak's point into consideration. And so the anticipation is and I know I'm catching staff a little bit off guard, is placing that television right behind Jeff, our bailiff, to minimize the accidental capture by the camera and allowing it to be displayed. I recognize that this is not the ideal spot for viewing, but but I'm also trying to balance the rights and important considerations that defense has made. And again, this will be on an exhibit by exhibit basis on what's published or what is not. But for the exhibits that the court rules can be published in open court, that's going to be the location of the monitor. And again, the court spent a bit of time weighing what should be done, where the monitor should be placed to accomplish the purposes of publication. At the same time protecting, especially as it may relate to sensitive material if the court deems that to be publishable in the courtroom. Any questions that I can address either side or clarification needed or thoughts that you wish to share? JOHN Wilson no, I think I understand completely. All right, folks, we're going to wrap up episode one right here. And in the next episode dealing with the topic, we're going to pick up where we left off. All the information that goes with this episode can be found in in the description box.
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