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<v Speaker 1>What's up, everyone, and welcome back to the program. In

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<v Speaker 1>this episode, we're jumping back into the Tyler Robinson conversation,

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<v Speaker 1>and we're going to take a look at the defendant

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<v Speaker 1>Tyler James Robinson's opposition to the EMC order for the

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<v Speaker 1>September 1st, 2026 hearing. And this just builds on what

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<v Speaker 1>we were talking about yesterday with Tyler Robinson and cameras

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<v Speaker 1>in the courtroom. State of Utah plaintiff. First, Tyler James Robinson,

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<v Speaker 1>the defendant. Defendant Tyler James Robinson's opposition to EMC order

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<v Speaker 1>for the September 1st, 2026 hearing. Case number 251403576. Defendant

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<v Speaker 1>Tyler James Robinson, by and through his undersigned counsel, hereby

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<v Speaker 1>files this opposition to KUTV's August 17th, 2026 EMC request,

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<v Speaker 1>docket 710. This objection is grounded in Mr. Robinson's rights

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<v Speaker 1>to a fair trial. to due process of law, and

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<v Speaker 1>to a reliable penalty determination under state and federal constitutional provisions,

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<v Speaker 1>including the 4th, 5th, 6th, 8th, and 14th Amendments to

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<v Speaker 1>the United States Constitution and to Article I, Section 7

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<v Speaker 1>and 12 of the Utah Constitution. First, Mr. Robinson reiterates

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<v Speaker 1>his continuing objection to the EMC Challenge procedure in the

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<v Speaker 1>May 8, 2026 order. The four-page Limitation on Objections The

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<v Speaker 1>prohibition on oral argument, the lack of an opportunity for

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<v Speaker 1>an evidentiary hearing, and the inability to seek relief from

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<v Speaker 1>a challenged EMC order violate state and federal constitutional rights

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<v Speaker 1>to due process because the procedural restrictions deprive the parties

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<v Speaker 1>of a meaningful opportunity to be heard. C.U.S. Constitution Amendment

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<v Speaker 1>14 Utah Constitution Article 1 Section 7 Coleman v. Alabama

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<v Speaker 1>377 U.S. 129-12933, 1964, Chandler v. Florida, 449 U.S. 560-577, 1981. Second, Mr. Robinson,

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<v Speaker 1>objects to EMC of the preliminary hearing, including the oral

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<v Speaker 1>arguments on September 1st, 2026, because there is a reasonable

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<v Speaker 1>likelihood that electronic media coverage will prejudice the right of

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<v Speaker 1>the parties to a fair proceeding. Utah, administration rule 401.012BI.

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<v Speaker 1>Continuing EMC of the proceedings, in this case, particularly the

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<v Speaker 1>preliminary hearing, threatens Mr. Robinson's rights to a fair trial

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<v Speaker 1>by an impartial jury by perpetuating bias in the public

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<v Speaker 1>against Mr. Robinson. The pre-existing bias and the lasting threat

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<v Speaker 1>to a fair trial posed by that bias was detailed

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<v Speaker 1>in Mr. Robinson's motion to exclude still photographers, TV cameras,

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<v Speaker 1>and microphones from the courtroom in in his reply and

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<v Speaker 1>was elucidated in the evidence presented in support of the

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<v Speaker 1>motion on April 17, 2026. See Docket 305-399. The motion, reply,

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<v Speaker 1>and the evidence supporting these pleadings are hereby incorporated by reference.

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<v Speaker 1>Additional evidence of bias developing as a result of the

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<v Speaker 1>widespread publication of this case can be tracked in real time, redacted.

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<v Speaker 1>Specific to the oral argument on the preliminary hearing, The

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<v Speaker 1>EMC will memorialize and widely disseminate argument discussing the largely

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<v Speaker 1>hearsay-based evidentiary presentation made by the state. Such evidence is,

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<v Speaker 1>by its very nature, insufficiently reliable for admission at trial.

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<v Speaker 1>CEG Holbrook v. Flynn, 475 U.S. 560-567, 1986 Central to

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<v Speaker 1>the right to a fair trial guaranteed by the Sixth

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<v Speaker 1>and Fourteenth Amendments is the principle that one accused of

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<v Speaker 1>a crime is entitled to have his guilt or innocence

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<v Speaker 1>determined solely on the basis of the evidence introduced at trial.

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<v Speaker 1>By continuing to livestream these proceedings and the anticipated discussions

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<v Speaker 1>of the evidence not yet deemed reliable enough for trial,

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<v Speaker 1>there is a substantial risk that potential jurors will develop

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<v Speaker 1>prejudgments based upon inadmissible evidence. It bears repeating that the

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<v Speaker 1>state of Utah is seeking the death penalty against Mr. Robinson.

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<v Speaker 1>The taking of evidence during the prelim examination, oral arguments

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<v Speaker 1>on that evidence, and the determinations made by the court

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<v Speaker 1>based upon that evidence is a critical stage of these

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<v Speaker 1>capital proceedings. The media presence in the courtroom both distracts

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<v Speaker 1>and places added pressure on hearing participants to present for

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<v Speaker 1>the media as opposed to focusing on the facts, evidence,

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<v Speaker 1>and mechanics of the case. See State v. Aguayas, 2003

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<v Speaker 1>Utah 102-63 P. 3D 731. Trial judges are encouraged to continue

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<v Speaker 1>to exercise caution in maintaining quiet and non-distracting courtroom environments

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<v Speaker 1>in all cases, and particularly in capital proceedings. Weighing Mr.

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<v Speaker 1>Robinson's interest in a fair proceeding against the interest in

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<v Speaker 1>an EMC, Mr. Robinson's interests must necessarily prevail. This is

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<v Speaker 1>so because Mr. Robinson is constitutionally entitled to a fair proceeding,

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<v Speaker 1>but conversely, there is no right to electronic media coverage.

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<v Speaker 1>See Richmond Newspapers, Inc., 1st Virginia, 448 U.S. 555-564-1980, noting

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<v Speaker 1>the defendant's superior right to a fair trial compared to

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<v Speaker 1>the public's right of access. See also Nixon, 1st Warner Communications, Inc.,

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<v Speaker 1>435 U.S. 589-610-1978. The requirement of a public trial is

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<v Speaker 1>satisfied by the opportunity of members of the public to

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<v Speaker 1>and the press to attend the trial and to report

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<v Speaker 1>what they have observed. And as the Utah Court of

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<v Speaker 1>Appeals has articulated, the Utah Rules of Judicial Administration are

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<v Speaker 1>not intended to limit, modify, or create substantive rights for

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<v Speaker 1>any other court participant. See Scott v. Majors, 1999, Utah

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<v Speaker 1>Appeals 139, 12980 P. 2D 214. Third, Mr. Robinson objects to

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<v Speaker 1>EMC of the preliminary hearing in its entirety because this

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<v Speaker 1>court's procedure for adjudicating the request does not allow any

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<v Speaker 1>opportunity for witnesses to address privacy or security concerns relevant

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<v Speaker 1>under Rule 4-401.01, 2B2, and 4. As previously argued, those

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<v Speaker 1>concerns are substantial with respect to defense counsel, and witnesses

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<v Speaker 1>should be afforded the opportunity to be heard on these issues.

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<v Speaker 1>of note based upon information provided by the Utah County

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<v Speaker 1>Attorney's Office, individuals who provided 1102 statements for the prelim

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<v Speaker 1>hearing and whose information was put into the public record

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<v Speaker 1>during the hearing, shortly thereafter experienced harassment by media and

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<v Speaker 1>interested parties appearing at their home. The ECM of the

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<v Speaker 1>proceedings has real-world consequences for witnesses. Therefore, Mr. Robinson requests

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<v Speaker 1>that this court deny the request for EMC of the

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<v Speaker 1>prelim hearing. Respectfully submitted this 22nd day of August, 2026,

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<v Speaker 1>and it was signed by Kathy Nestor, Richard Novak, Michael Burt,

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<v Speaker 1>and Stacey Visser. All the information that goes with this

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<v Speaker 1>episode can be found in the description box.