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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 get right back to that
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Tyler Robinson transcript from the prelim hearing on day one.
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And once again, prosecution is asking questions. Question, Agent Hull,
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you testified that there were four visits to campus that day. Answer, correct, yes. Question,
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and the first three visits, based on what you have observed,
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it's your opinion that those videos were captured by UVU
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surveillance video, is that correct? Answer, that is correct, yes. Question,
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the fourth visit, well, the fourth visit to was captured
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by UVU surveillance video, is that correct? Answer, correct. Question,
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was there any other video that was collected, either on
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the 10th or on the 11th, that you believe might
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be important or relevant to today's hearing? Answer, there was
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a large amount of video. Gets cut off. I'm going
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to be a little bit more specific. Other than UVU
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surveillance video, was there any other video that was collected
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and subsequently gathered an 1102 statement for? Answer, yeah. We
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collected ring doorbell footage from the surrounding neighborhoods. Question, okay.
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Let me ask you this. Did that include video from
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residences located at 860 West, 925 South Orem? Answer, yeah.
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That's the horseshoe area, yeah. Question, okay. That's in Orem. Answer, correct.
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Question and close to campus. Answer, yes it is. Question, okay.
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And what can you tell us about that video? Answer,
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it has a ring doorbell video that was provided that
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showed a vehicle consistent with the one we had identified
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as belonging to Mr. Robinson parking in front of the
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residence across the street. Question, okay. And what can you
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tell us about the timing of that parked vehicle? Answer,
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if I recall, that vehicle parked approximately 038 hours on
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the morning of the 11th. Question, okay, so 038 hours,
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what time is that to regular people? Answer, just after midnight. Question,
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at 1238? Answer, in the morning, yes. Question, okay, so
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how did this video come to your attention? That you're
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talking about this doorbell or whatever? Question, the footage was
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obtained as part of the canvas of the area that
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was conducted as part of the investigation. Question, were you
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able to identify the owners of that residence? Answer, yes. Question,
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Where that video was collected from? Answer, correct. Question, okay.
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And do you know who it was collected from and
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by whom? Answer, it was Mr. and Mrs. Noble. I
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believe Agent Davis collected the video directly from them. Question, okay.
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And do you know what date it was collected? Answer,
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if I can refresh my notes. Answer, if referring to
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your notes will refresh your memory, go ahead and take
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a look at that, but don't read it out loud. Question,
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or answer, excuse me. I don't have the specific date.
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But I do know that myself and Agent Davis returned
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to the address as we had done in the previous
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videos and had the owners of the video verify that
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it was from their system. And we did have them
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complete an 1102 statement, which would be dated. Question, okay,
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so let's talk about this. What does that video look like? Answer,
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it's a nighttime view looking from the front porch of
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the residence across the street. Question, okay, and what about
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the video? Why was this particular video significant to you?
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Why do you think that that was related to the case? Answer,
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we know from the UVU footage that the person, we
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believe to be Mr. Robinson, had interaction with law enforcement.
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And a short period after that, the vehicle comes to
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that house. And some additional evidence that was collected from
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the cell phone data and things indicated that Mr. Robinson
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was in the area. And we were able to locate
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the footage of his vehicle on that ring doorbell camera. Question,
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or at least, what you believe is this vehicle? Answer, yeah,
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the vehicle that we believe to belong to Mr. Robinson. Question,
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and is there something about that vehicle or that particular
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video in this, I guess a vehicle, that was captured
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that leads you to believe that it was Mr. Robinson's vehicle? Answer, yeah,
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the vehicle has very distinct wheels. I won't say they're
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wholly unique, but in terms of the video footage that
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we're reviewing, the wheels on the vehicle are fairly unique
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and stand out on the video footage. Question, Okay, so again,
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this video that you received early on in the investigation? Answer, yes. Question, okay.
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And then in preparation for the prelim hearing, you went
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back out and you met with someone about this video? Answer, correct. Question,
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who specifically did you meet with about the video? Answer,
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I met with Ms. Noble. Question, and what did you
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do with Ms. Noble? Answer, we did what we'd done before.
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We had specific files that we wanted, or files that
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we wanted her to verify. The footage itself is broken into,
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I believe, 10 second segments. So we had specific files
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that we had her view, and confirmed that they were
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actually from her system. Those were written on the 1102,
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as they had been before. Question, and who wrote those
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file names on this particular statement? Answer, I believe it
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would be my handwriting on the 1102. Question, alright, what
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did you do next? Answer, we had her view the
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videos and then complete a statement verifying the authenticity of
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those videos on the 1102. Question, okay, was this also
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prepared on a State Bureau form? Answer, I believe this
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was on a State Bureau investigation form, yeah. Question, and
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in this particular form on which Ms. Noble provided her statement,
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does it have the advisory that it would be used
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in lieu of her testimony here today? Answer, it does, yes. Question,
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does it also contain a warning that if she gave
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a false statement, it's punishable by a Class A misdemeanor? Answer, correct. Question, okay.
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I'm going to have displayed on your monitor what's been
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marked states exhibit number 13 for identification. Let me know
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when you see that, would you? Answer, I can see that. Question, okay.
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And I'm going to have my assistant scroll through that slowly. Okay,
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do you recognize that? Answer, I do, yes. Question, what
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is it? Answer, correct. The 1102 that myself and Agent
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Davis collected from Ms. Noble. Question, and does it appear
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to be in the same condition as when you collected it? Answer,
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it does, yes. Question, this is a copy, right? Answer, yes. Question, okay.
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And the personal identifying information appears to be redacted. Is
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that right? Answer, it has been redacted, yes. Question, okay.
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It wasn't redacted when you collected it, right? Answer, no.
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The original form was not redacted. question so other than
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the redactions it appears to be in the same condition
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as it was when you collected it answer that is
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correct question the state would move to admit exhibit 13
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judge graph miss nester now kathy nester objects once again
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your honor we renew our concern about unconstitutional hearsay being
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admitted we have the same concern about the fact that
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agent hull amended this himself and there's no foundation as
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to when he filled that in if it was before
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or after she signed it And due to all those reasons,
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we object to its admission and object to its publication
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as well. Judge Graff, prosecution. Now the prosecution, they're a butt. Judge, again,
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it was collected in compliance with Rule 1102 of the
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Utah Rules of Evidence, specifically subsection B8. It's in writing.
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It's on a form. It includes both the advisory and
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the warning, and it was collected by Agent Hull. It's
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also collected in compliance and being introduced as reliable hearsay,
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which is lawful to do here in Utah under the
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state constitution. Article 1, Section 12. Judge Graff, do you
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wish to lay more foundation about when the statement was written,
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whether it was before it was signed or not? Answer,
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I can do that, Judge. I appreciate that. Yes, Agent Hall,
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do you recall when you collected this written statement from Ms. Noble? Answer, yeah,
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it was in April. Question, in April, do you know
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what day? Answer, April 6th, I believe. Question, okay, and
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you collected it. Did you go to her home? I think,
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is that what you said? Answer, yeah, myself and Agent
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Davis went to the residence. Question, okay, and did you
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sit there while she prepared it? Answer, I did, yes. Question,
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and did you witness her sign it? I did, yes. Question, okay,
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at this point, I'd move to admit Exhibit 13. Judge Graff,
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all right, and to the state representative, could you scroll down? Okay,
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all right. Pursuant to the Utah Rule of Evidence 1102
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and Article 1, Section 28, I'm sorry, Article 1, Section 12,
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which allows for a reliable hearsay, I'm going to move
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it into, it's going to be admitted, into evidence over
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the objection of the defense. I note in particular that
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it states that I confirm that the above files were
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taken from our Nest Doorbell videos and are accurate. And
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right before that statement is the notation that were allegedly
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made by Agent Holt. and so for the reasons the
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court finds proper foundation has been laid, and that this
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exhibit in its entirety is admitted into evidence. As it
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relates to publication, I will authorize publication in the courtroom
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and by the media if they so wish to capture
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it in that form. Again, following the same format, I
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have it on the first portion of the screen for
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about 10 seconds, and then scroll down to the written
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portion for about 15, and then scroll to the very
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bottom to ensure that the full exhibit has been displayed.
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All right, that concludes the publication of State Exhibit 13. Question,
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thank you, Judge. The video that you took with you
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that day when you visited with Ms. Noble, or Ms. Noble,
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had you previously, well, you've stated that the videos that
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you showed the Nobles were actually more than one video. Answer, correct. Question, okay,
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and I believe you said they were like 10-second clips. Answer,
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if I recall correctly, yes. Question, short clips, and you
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showed Ms. Noble all those videos that I in that statement? Answer,
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the one shown on the statement was shown to Ms. Noble, yes. Question,
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have you had the chance to review what's been marked
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state exhibit number 12.2? Answer, yes. Question, and when did
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you have a chance to review that exhibit? Answer, I
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believe that was reviewed last week, I believe, with yourself. Question,
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and does that video, is it a single video that
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you watched? Answer, no, I believe it's four separate short videos. Question,
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and I understand that, but as far as the 12.2
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is concerned, what does that exhibit consist of? Answer, it
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shows the vehicle believed to be driven by Mr. Robinson
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arriving in front of the residence, an individual exiting the
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vehicle and moving away from it, followed by an individual
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returning to the vehicle and unlocking it. And then it
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shows the vehicle, a short time later, starting... and leaving
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the area. Question. And those are videos that you showed, Ms. Noble? Answer. Yes.
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Question 12. What I have displayed on your monitor? What's
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been marked states exhibit 12.2 for identification. Let me know
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as soon as you see. Should still be an image. Answer.
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It's there. Question. Do you recognize what's depicted there? Answer. Yeah.
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This is the view looking what would essentially be west
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across the street from the Noble's residence. Question, okay, at 12.38 a.m.,
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I guess. Answer, yes. Question, okay, and what's depicted in this?
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I think you've already described that. So, Judge, I would
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move to admit Exhibit 12.2. Judge Graff, Ms. Nestor. Now
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she has another objection, Your Honor. We renew our objection
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to allowing the evidence without the sponsoring witness. I do
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have some concerns because I'm not totally sure if this
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is a compilation or this is just one of the two, three, four, five,
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six videos they took from the nobles. So if we
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could just have that clarification, I think that's what concerns
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me about the authenticity that I don't understand if this
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is just a portion or if this is the whole
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thing or if this is all of them or none
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of them. And for those reasons, we object to the
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admission and to the publication. Prosecution, Judge Graff asks. Now
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they answer. That's a good point. And I'll ask additional
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questions before I re-seek to admit it. Agent Hall, this
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particular video you described taking several videos to Ms. Noble
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and having her review them? Answer, yes. Question, okay, this
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particular exhibit, 12.2, have you watched it in its entirety? Answer, yes. Question,
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does it consist of either some or all of those
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videos that you showed Ms. Noble? Answer, it does, yes. Question, okay.
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And is it a single video? Is it a compilation,
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that is to say? Or is it four different videos?
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Or a number of different videos? Answer, it'll be a
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number of short videos sequenced. Question, okay, a number of
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short videos in sequence? Answer, I believe that's how this
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one plays, yes. Prosecution, okay, judge again, I seek to
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admit it. Judge Graff, anything further from the parties? No
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objection this time. So Judge Graff continues. All right, given
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my previous rulings on exhibits, I apply the same analysis
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and find that state exhibit 12.2, I believe, is admitted
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over the objection and may be published in the courtroom
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and by the media, if so chosen. All right, folks,
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we're going to wrap up right here. And in the
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next episode, we're going to pick up with prosecution asking, OK,
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so before we play the video. All the information that
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goes with this episode can be found in the description box.
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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 get right back to that
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Tyler Robinson transcript from the prelim hearing on day one.
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And once again, prosecution is asking questions. Question, Agent Hull,
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you testified that there were four visits to campus that day. Answer, correct, yes. Question,
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and the first three visits, based on what you have observed,
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it's your opinion that those videos were captured by UVU
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surveillance video, is that correct? Answer, that is correct, yes. Question,
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the fourth visit, well, the fourth visit to was captured
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by UVU surveillance video, is that correct? Answer, correct. Question,
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was there any other video that was collected, either on
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the 10th or on the 11th, that you believe might
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be important or relevant to today's hearing? Answer, there was
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a large amount of video. Gets cut off. I'm going
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to be a little bit more specific. Other than UVU
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surveillance video, was there any other video that was collected
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and subsequently gathered an 1102 statement for? Answer, yeah. We
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collected ring doorbell footage from the surrounding neighborhoods. Question, okay.
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Let me ask you this. Did that include video from
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residences located at 860 West, 925 South Orem? Answer, yeah.
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That's the horseshoe area, yeah. Question, okay. That's in Orem. Answer, correct.
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Question and close to campus. Answer, yes it is. Question, okay.
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And what can you tell us about that video? Answer,
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it has a ring doorbell video that was provided that
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showed a vehicle consistent with the one we had identified
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as belonging to Mr. Robinson parking in front of the
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residence across the street. Question, okay. And what can you
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tell us about the timing of that parked vehicle? Answer,
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if I recall, that vehicle parked approximately 038 hours on
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the morning of the 11th. Question, okay, so 038 hours,
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what time is that to regular people? Answer, just after midnight. Question,
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at 1238? Answer, in the morning, yes. Question, okay, so
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how did this video come to your attention? That you're
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talking about this doorbell or whatever? Question, the footage was
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obtained as part of the canvas of the area that
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was conducted as part of the investigation. Question, were you
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able to identify the owners of that residence? Answer, yes. Question,
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Where that video was collected from? Answer, correct. Question, okay.
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And do you know who it was collected from and
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by whom? Answer, it was Mr. and Mrs. Noble. I
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believe Agent Davis collected the video directly from them. Question, okay.
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And do you know what date it was collected? Answer,
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if I can refresh my notes. Answer, if referring to
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your notes will refresh your memory, go ahead and take
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a look at that, but don't read it out loud. Question,
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or answer, excuse me. I don't have the specific date.
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But I do know that myself and Agent Davis returned
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to the address as we had done in the previous
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videos and had the owners of the video verify that
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it was from their system. And we did have them
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complete an 1102 statement, which would be dated. Question, okay,
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so let's talk about this. What does that video look like? Answer,
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it's a nighttime view looking from the front porch of
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the residence across the street. Question, okay, and what about
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the video? Why was this particular video significant to you?
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Why do you think that that was related to the case? Answer,
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we know from the UVU footage that the person, we
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believe to be Mr. Robinson, had interaction with law enforcement.
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And a short period after that, the vehicle comes to
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that house. And some additional evidence that was collected from
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the cell phone data and things indicated that Mr. Robinson
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was in the area. And we were able to locate
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the footage of his vehicle on that ring doorbell camera. Question,
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or at least, what you believe is this vehicle? Answer, yeah,
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the vehicle that we believe to belong to Mr. Robinson. Question,
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and is there something about that vehicle or that particular
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video in this, I guess a vehicle, that was captured
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that leads you to believe that it was Mr. Robinson's vehicle? Answer, yeah,
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the vehicle has very distinct wheels. I won't say they're
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wholly unique, but in terms of the video footage that
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we're reviewing, the wheels on the vehicle are fairly unique
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and stand out on the video footage. Question, Okay, so again,
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this video that you received early on in the investigation? Answer, yes. Question, okay.
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And then in preparation for the prelim hearing, you went
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back out and you met with someone about this video? Answer, correct. Question,
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who specifically did you meet with about the video? Answer,
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I met with Ms. Noble. Question, and what did you
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do with Ms. Noble? Answer, we did what we'd done before.
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We had specific files that we wanted, or files that
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we wanted her to verify. The footage itself is broken into,
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I believe, 10 second segments. So we had specific files
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that we had her view, and confirmed that they were
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actually from her system. Those were written on the 1102,
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as they had been before. Question, and who wrote those
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file names on this particular statement? Answer, I believe it
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would be my handwriting on the 1102. Question, alright, what
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did you do next? Answer, we had her view the
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videos and then complete a statement verifying the authenticity of
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those videos on the 1102. Question, okay, was this also
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prepared on a State Bureau form? Answer, I believe this
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was on a State Bureau investigation form, yeah. Question, and
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in this particular form on which Ms. Noble provided her statement,
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does it have the advisory that it would be used
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in lieu of her testimony here today? Answer, it does, yes. Question,
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does it also contain a warning that if she gave
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a false statement, it's punishable by a Class A misdemeanor? Answer, correct. Question, okay.
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I'm going to have displayed on your monitor what's been
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marked states exhibit number 13 for identification. Let me know
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when you see that, would you? Answer, I can see that. Question, okay.
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And I'm going to have my assistant scroll through that slowly. Okay,
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do you recognize that? Answer, I do, yes. Question, what
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is it? Answer, correct. The 1102 that myself and Agent
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Davis collected from Ms. Noble. Question, and does it appear
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to be in the same condition as when you collected it? Answer,
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it does, yes. Question, this is a copy, right? Answer, yes. Question, okay.
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And the personal identifying information appears to be redacted. Is
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that right? Answer, it has been redacted, yes. Question, okay.
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It wasn't redacted when you collected it, right? Answer, no.
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The original form was not redacted. question so other than
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the redactions it appears to be in the same condition
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as it was when you collected it answer that is
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correct question the state would move to admit exhibit 13
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judge graph miss nester now kathy nester objects once again
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your honor we renew our concern about unconstitutional hearsay being
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admitted we have the same concern about the fact that
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agent hull amended this himself and there's no foundation as
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to when he filled that in if it was before
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or after she signed it And due to all those reasons,
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we object to its admission and object to its publication
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as well. Judge Graff, prosecution. Now the prosecution, they're a butt. Judge, again,
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it was collected in compliance with Rule 1102 of the
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Utah Rules of Evidence, specifically subsection B8. It's in writing.
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It's on a form. It includes both the advisory and
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the warning, and it was collected by Agent Hull. It's
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also collected in compliance and being introduced as reliable hearsay,
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which is lawful to do here in Utah under the
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state constitution. Article 1, Section 12. Judge Graff, do you
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wish to lay more foundation about when the statement was written,
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whether it was before it was signed or not? Answer,
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I can do that, Judge. I appreciate that. Yes, Agent Hall,
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do you recall when you collected this written statement from Ms. Noble? Answer, yeah,
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it was in April. Question, in April, do you know
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what day? Answer, April 6th, I believe. Question, okay, and
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you collected it. Did you go to her home? I think,
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is that what you said? Answer, yeah, myself and Agent
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Davis went to the residence. Question, okay, and did you
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sit there while she prepared it? Answer, I did, yes. Question,
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and did you witness her sign it? I did, yes. Question, okay,
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at this point, I'd move to admit Exhibit 13. Judge Graff,
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all right, and to the state representative, could you scroll down? Okay,
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all right. Pursuant to the Utah Rule of Evidence 1102
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and Article 1, Section 28, I'm sorry, Article 1, Section 12,
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which allows for a reliable hearsay, I'm going to move
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it into, it's going to be admitted, into evidence over
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the objection of the defense. I note in particular that
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it states that I confirm that the above files were
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taken from our Nest Doorbell videos and are accurate. And
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right before that statement is the notation that were allegedly
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made by Agent Holt. and so for the reasons the
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court finds proper foundation has been laid, and that this
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exhibit in its entirety is admitted into evidence. As it
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relates to publication, I will authorize publication in the courtroom
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and by the media if they so wish to capture
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it in that form. Again, following the same format, I
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have it on the first portion of the screen for
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about 10 seconds, and then scroll down to the written
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portion for about 15, and then scroll to the very
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bottom to ensure that the full exhibit has been displayed.
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All right, that concludes the publication of State Exhibit 13. Question,
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thank you, Judge. The video that you took with you
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that day when you visited with Ms. Noble, or Ms. Noble,
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had you previously, well, you've stated that the videos that
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you showed the Nobles were actually more than one video. Answer, correct. Question, okay,
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and I believe you said they were like 10-second clips. Answer,
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if I recall correctly, yes. Question, short clips, and you
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showed Ms. Noble all those videos that I in that statement? Answer,
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the one shown on the statement was shown to Ms. Noble, yes. Question,
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have you had the chance to review what's been marked
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state exhibit number 12.2? Answer, yes. Question, and when did
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you have a chance to review that exhibit? Answer, I
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believe that was reviewed last week, I believe, with yourself. Question,
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and does that video, is it a single video that
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you watched? Answer, no, I believe it's four separate short videos. Question,
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and I understand that, but as far as the 12.2
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is concerned, what does that exhibit consist of? Answer, it
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shows the vehicle believed to be driven by Mr. Robinson
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arriving in front of the residence, an individual exiting the
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vehicle and moving away from it, followed by an individual
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returning to the vehicle and unlocking it. And then it
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shows the vehicle, a short time later, starting... and leaving
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the area. Question. And those are videos that you showed, Ms. Noble? Answer. Yes.
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Question 12. What I have displayed on your monitor? What's
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been marked states exhibit 12.2 for identification. Let me know
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as soon as you see. Should still be an image. Answer.
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It's there. Question. Do you recognize what's depicted there? Answer. Yeah.
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This is the view looking what would essentially be west
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across the street from the Noble's residence. Question, okay, at 12.38 a.m.,
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I guess. Answer, yes. Question, okay, and what's depicted in this?
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I think you've already described that. So, Judge, I would
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move to admit Exhibit 12.2. Judge Graff, Ms. Nestor. Now
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she has another objection, Your Honor. We renew our objection
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to allowing the evidence without the sponsoring witness. I do
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have some concerns because I'm not totally sure if this
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is a compilation or this is just one of the two, three, four, five,
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six videos they took from the nobles. So if we
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could just have that clarification, I think that's what concerns
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me about the authenticity that I don't understand if this
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is just a portion or if this is the whole
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thing or if this is all of them or none
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of them. And for those reasons, we object to the
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admission and to the publication. Prosecution, Judge Graff asks. Now
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they answer. That's a good point. And I'll ask additional
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questions before I re-seek to admit it. Agent Hall, this
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particular video you described taking several videos to Ms. Noble
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and having her review them? Answer, yes. Question, okay, this
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particular exhibit, 12.2, have you watched it in its entirety? Answer, yes. Question,
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does it consist of either some or all of those
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videos that you showed Ms. Noble? Answer, it does, yes. Question, okay.
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And is it a single video? Is it a compilation,
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that is to say? Or is it four different videos?
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Or a number of different videos? Answer, it'll be a
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number of short videos sequenced. Question, okay, a number of
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short videos in sequence? Answer, I believe that's how this
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one plays, yes. Prosecution, okay, judge again, I seek to
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admit it. Judge Graff, anything further from the parties? No
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objection this time. So Judge Graff continues. All right, given
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my previous rulings on exhibits, I apply the same analysis
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and find that state exhibit 12.2, I believe, is admitted
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over the objection and may be published in the courtroom
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and by the media, if so chosen. All right, folks,
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we're going to wrap up right here. And in the
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next episode, we're going to pick up with prosecution asking, OK,
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so before we play the video. All the information that
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goes with this episode can be found in the description box.