TRANSCRIPT 🔗
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What's up everyone and welcome back to the program. In
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this episode, we're going to finish off day number six
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of the Tyler Robinson prelim hearing. Once again, we're picking
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up with Judge Graff binding Tyler Robinson over. Analysis of
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merger double jeopardy objections, defendant argues that count two must
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merge with count one because both arise from a single
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gunshot directed at a single victim. Utah Code 76-1-402 limits
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multiple convictions when one offense is included within another. But
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merger ordinarily concerns convictions and punishment, and a fact-dependent merger
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determination may be premature before the charges have been presented
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to the trier of fact. At this stage, the court
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determines only whether probable cause independently supports the charged defendant offenses.
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The court does not decide whether either offense is ultimately
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a lesser included offense of the other. If convictions are
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returned on both counts, the merger issue may be addressed
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at that time. Analysis of Sentencing Enhancements The information presented,
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three related but legally distinct matters, the separate offense charged
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in Count 7 under Utah Code 76.3, 203.10, the presence
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of a child's sentencing consideration, under 76.3.203.9 and the victim
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targeting allegation under 76.3.203.14. Because these provisions have different legal effects,
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the court addresses them separately. Because the victim targeting allegation
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would classify Count 7 from a Class B to a
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Class A misdemeanor under the Utah Code 76.3.203.14 Sub 3A2,
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that allegation is subject to the probable cause determination. The
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court also considers whether the remaining sentence allegations have factual
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support without deciding each constitute a separate element of an offense.
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As it relates to the presence of a child allegation
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for reasons stated in the analysis account 7, the records
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provide probable cause for the factual allegation that the charged
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conduct occurred in the presence of children under 76-3-203.9. That
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circumstance operates as a sentencing consideration rather than a reclassification
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of the underlying felony. Victim Targeting Allegation Utah Rule of
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Evidence 417 limits the use of defendant's expression or association
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in providing a victim targeting allegation. The evidence must otherwise
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be admissible and must specifically relate to the defendant's selective
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or selection of the victim. Pastor Englehart's statement to establish
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the nature of Mr. Kirk's public expression states, does not
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independently establish the defendant's motive, knowledge, or state of mind.
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Defendant argues that the state has not established probable cause
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that he selected Mr. Kirk because of a qualifying personal
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attribute identified here as political expression. The court therefore considers
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Englehart's statement only for the limited purpose described above and
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looks to other evidence to determine defendant's alleged reason for
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selecting Mr. Kirk. When asked why he shot Mr. Kirk,
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defendant allegedly responded, I had enough of his hatred. Some
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hate can't be negotiated out. The word hatred standing alone
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is ambiguous and does not establish the statutory motive. The
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state also presented evidence that the defendant identified Mr. Kirk
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by name and communications concerning the planned shooting, allegedly planned
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the shooting in advance, and carried it out during a
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public event associated with Mr. Kirk's political expression. Viewed together
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in the light most favorable to the state, those circumstances
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support a reasonable, though not compelled, inference that defendant selected Mr.
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Kirk because of his perception of Mr. Kirk's political expression.
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The court does not determine whether that inference will ultimately
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prove more persuasive than other interpretations of defendant's statement. At
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this stage, the targeting allegation satisfies the probable cause standard.
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Its legal consequence differs by count. For count seven, reclassifies
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the offense from a Class B to Class A misdemeanor
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for Count 2, a first-degree felony, the
Load full transcript
statute makes the
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victim selection and aggravating sentencing consideration, rather than reclassifying the offense.
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Section 76.3.203.14 does not expressly identify a penalty consequence for
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a capital felony. The court, therefore, does not decide that
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the statute authorizes an additional penalty for Count 1. The
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state notice remains preserved, but any asserted consequence for capital
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felony conviction must rest on separately identified legal authority. This
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ruling does not affect the targeting allegation as applied to
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counts two and seven. For the foregoing reasons and based
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off the record and party submissions, it's hereby ordered that
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the defendant, Tyler James Robinson, is bound over for trial
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in the fourth judicial district on the following counts and
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sentencing allegations. Count one, aggravated murder. a capital felony in
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violation of Utah Code Annotated 76.5.202, including the capital aggravating
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circumstance under Section 76.5.202.2a and 3. Count 2 felony discharge
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of a firearm causing serious bodily injury, a first-degree felony
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in violation of Utah Code Annotated 76.11.210, Sub 2 and
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Sub 3c, including the victim targeting allegation under 76.3. 203.14
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sub 2, subject to sentencing treatment described in 76.3, 203.14,
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3 and B, and the presence of a child aggravating
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factor under 76.3, 203.9. Count 3, obstruction of justice, a
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second-degree felony in violation of Utah Code. 76.8, 306 sub 2,
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count 4, obstruction of justice, a second-degree felony in violation
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of Utah Code. 76-8-306-2. Count 5. Tampering with a witness.
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A third-degree felony in violation of Utah Code 76-8-508. Count 6.
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Tampering with a witness. A third-degree felony in violation of
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Utah Code 76-8-508. Count 7. Violent offense committed in the
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presence of a child. Class A misdemeanor under Utah Code 76-3-203-10.
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Reclassified as a Class A misdemeanor under under Section 76.3.203.14.3a.2,
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based on the victim targeting allegation. All evidentiary determination in
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this order are limited to the prelim hearing and do
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not determine the admissibility or the ultimate weight of evidence
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at trial. Nothing in this order constitutes a final determination
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of defendant's guilt or witness credibility. Defendant remains presumed innocent
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and the state bears the burden at trial of proving
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each charge offense beyond a reasonable doubt. It's so ordered.
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And that concludes the ruling of this court. Turning to
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the defense. Does Mr. Robinson wish to enter any pleas today?
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Kathy Nestor. Yes, Your Honor. We will proceed with the arraignment.
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Judge Graff, all right. And what pleas does he wish
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to enter for the record? Kathy Nestor. Your Honor, at
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this point, we would waive reading of the indictment. Gruneder
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jumps in. That's the prosecutor. Information. Kathy Nestor. I'm sorry.
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with reading the information and enter pleas of not guilty
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on Mr. Robinson's behalf on all counts. Judge Graff, all right,
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the court finds that is knowingly and voluntarily made and
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that addresses that issue and we will set this for
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a pretrial conference. And counsel, given that we have a
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bind over and the arraignment has been accomplished at the
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next hearing, I would like to set trial dates. So
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as whatever time that we need, I ask that both
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parties look and I know you're very busy and you
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have a lot going on But the constitutional rights of Mr.
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Robinson are important, as are the constitutional rights afforded to
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Miss Erica Kirk. And so when would the parties like
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to come back for pretrial conference? So they go through
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a whole bunch of nonsense, but we're going to skip
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that because they're just arguing about dates and we're going
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to get to the meat. Judge Graff, all right, September
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24th or October 23rd. Looks like October 23rd is pretty open.
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What do the parties think about that date? Mr. Novak,
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Your Honor, on September 24th in the afternoon is definitely
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a problem for me, because the next morning at 9 a.m.,
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I have to be in a federal courtroom in San Francisco,
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and Mr. Burt whispered to me that he's not available
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on the 24th of September. Judge Graff, all right, October
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23rd at 1 o'clock here in person, and defense, is
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your request to have Mr. Robinson appear here in court
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that day? Defense, yes, Your Honor. Judge Graff, all right.
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And Mr. Robinson, you'll join us on that date, October
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23rd at 1 p.m. Do any of the parties need
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the banner of the record before we adjourn? They all
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say no, and that's a wrap. All right, folks, so
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that's going to do it for the Tyler Robinson prelim hearing.
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Now we'll start moving on to some of the other
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court filings that have been provided to the public. All
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the information that goes with this episode can be found
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in the description box.