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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 going to begin taking a look at

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<v Speaker 1>the transcripts from Tyler Robinson's prelim hearing. All rise the Court,

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<v Speaker 1>Judge Tony Graff now presiding. Judge Graff, please be seated.

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<v Speaker 1>Good morning. Court is now in session calling case two

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<v Speaker 1>five to one Dash four three Dash five seven six,

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<v Speaker 1>State of Utah versus Tyler James Robinson. Council, Can you

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<v Speaker 1>enter your appearance please. Chad Grunader, Ryan McBride, David Sturk,

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<v Speaker 1>Good morning of the State. Mister Jeff Gray, the County

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<v Speaker 1>Attorney Chris Ballard are also present. Judge Graff, good morning,

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<v Speaker 1>Now the defense, Good morning, your honor. Kathy Nester, Michael Burt,

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<v Speaker 1>Richard Novak, and Stacy Visser here on behalf of mister Robinson,

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<v Speaker 1>who's seated to my right. Good morning, mister Robinson. Good morning.

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<v Speaker 1>For the record. The Court also recognizes the presence of

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<v Speaker 1>Miss Erica Kirk. Miss Kirk, good morning. First. With respect

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<v Speaker 1>to the courtroom protocol to maintain security into quorum, any

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<v Speaker 1>individual who exits the courtroom during proceedings will not be

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<v Speaker 1>able to be permitted to re enter until the recess.

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<v Speaker 1>All Council are expected to take reasonable measures to safeguard

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<v Speaker 1>confidential communication. Such measures may include the use of screen

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<v Speaker 1>protections on electronic devices and care to avoid in inadvertent

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<v Speaker 1>capture of privileged or private discussion by recording equipment or

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<v Speaker 1>by those present in the courtroom. In addition, the microphones

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<v Speaker 1>at your table have been turned off again an attempt

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<v Speaker 1>to try to minimize the possibility of any of the

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<v Speaker 1>communication being captured. I ask that if you're speaking, that

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<v Speaker 1>you come to the electron and that microphone will be live,

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<v Speaker 1>and so that's the best way that we can hear

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<v Speaker 1>you and it's captured for the record. All right. Second,

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<v Speaker 1>the Court will address the camera operator and the court

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<v Speaker 1>knows there is no still photographer for today's proceeding pursuant

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<v Speaker 1>to the Court's ruling from last week to our cause, operator,

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<v Speaker 1>would you please approach the lettern my microphone. There we go,

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<v Speaker 1>now it's back on. Could just state your name for

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<v Speaker 1>the record, the gentleman's name, John Wilson, KSL News. Judge Graff,

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<v Speaker 1>mister Wilson, what duties will you perform today, mister Wilson

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<v Speaker 1>shooting the preceding According to the Decora Mortar. Judge, all right,

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<v Speaker 1>and have you had a chance to fully review the

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<v Speaker 1>court standing Decora Mortar, John Wilson, I have, sir judge,

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<v Speaker 1>all right, and you understand all the requirement set forth

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<v Speaker 1>in that order as it applies to your activities today.

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<v Speaker 1>Answer yes, sir the judge okay. Do you require additional

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<v Speaker 1>time to review the order or to adjust the equipment

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<v Speaker 1>to ensure compliance? Answer no, sir Judge. Do you anticipate

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<v Speaker 1>any difficulty complying with the order or with any of

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<v Speaker 1>the Court's instruction John Wilson, No, sir Judge. All right, Well,

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<v Speaker 1>thank you, mister Wilson, I appreciate you being here. Next,

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<v Speaker 1>turning to the amended motion to allow the use of

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<v Speaker 1>portable electronic devices filed by the news media and their Council,

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<v Speaker 1>the Court appreciates the arguments presented in the motion and

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<v Speaker 1>recognizes the importance of the press in the criminal justice system.

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<v Speaker 1>Having considered the motions before the Court, the request to

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<v Speaker 1>permit representatives of the news media to use portable electronic

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<v Speaker 1>devices during the prelim hearing is respectfully denied. The request

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<v Speaker 1>to permit Council for the news media to use portable

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<v Speaker 1>electronic devices during the prelim hearing is granted as officers

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<v Speaker 1>of the Court. Council shall be held to the same

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<v Speaker 1>standards applicable to the Council for all parties and comply

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<v Speaker 1>with the Court standing to corum Order. I wish to

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<v Speaker 1>turn the matter before us today the upcoming prelim hearing,

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<v Speaker 1>and the Court is mindful of the safety and well

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<v Speaker 1>being of all parties, Council witnesses, Court staff, and members

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<v Speaker 1>of the public who are present. The Court is also

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<v Speaker 1>mindful of the duty to protect and uphold the constitutional

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<v Speaker 1>rights of both Miss Robinson and Miss Kirk. To serve

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<v Speaker 1>those important interests, the Court reminds all persons who will

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<v Speaker 1>be in attendance that the portable electronic device will not

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<v Speaker 1>be permitted in the court room or on the fourth floor.

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<v Speaker 1>In addition, each person who is in attendance will be

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<v Speaker 1>afforded to dignity and respect due to them and pursuant

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<v Speaker 1>to the standing the corem Order, All spectators shall be quiet,

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<v Speaker 1>civil and orderly. Spectators shall not engage in any distracting, disruptive, provocative, disrespectful,

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<v Speaker 1>oncivil or threatening behavior of any kind. Spectators shall not

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<v Speaker 1>make any audible comments of any kind, shall not shake

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<v Speaker 1>or nod their heads, shall not otherwise make any gesture

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<v Speaker 1>during the hearing, and the Court recognizing that this hearing

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<v Speaker 1>may invoke emotion from everyone, and that the Court understands

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<v Speaker 1>the human nature of that, but also it's important that

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<v Speaker 1>this court room is orderly. A spectator shall not wear

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<v Speaker 1>display any pins, button, signs, clothing, or photographs expressing support

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<v Speaker 1>for or against any person related to this case or

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<v Speaker 1>the status of this case as a capital offense. Turning

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<v Speaker 1>to council before we begin, I want to acknowledge that

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<v Speaker 1>over these past ten months, I've had a chance to

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<v Speaker 1>observe each of you, and I find that you are

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<v Speaker 1>all confident, prepared, and that you care deeply about the case.

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<v Speaker 1>I ask you to continue that conduct and to conduct

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<v Speaker 1>yourselves in accordance with the rules governing professional conduct, civility,

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<v Speaker 1>and ethics. I also ask you that you remain mindful

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<v Speaker 1>of the constitutional rights of all parties in every engagement,

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<v Speaker 1>and that you treat each person you engage with with

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<v Speaker 1>the dignity and respect that they are inherently due as

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<v Speaker 1>their human beings. I want to turn also to objections.

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<v Speaker 1>The format that I wish to follow if objections are made.

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<v Speaker 1>When an objection is made, all parties shall pause so

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<v Speaker 1>the objection may be heard. Speaking objections are not permitted.

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<v Speaker 1>If any party believes that an extended argument is necessary,

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<v Speaker 1>particularly on sensitive matters, the party may request to approach

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<v Speaker 1>the bench, and all parties will approach the bench. Both

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<v Speaker 1>sides will be afforded an opportunity to be heard for

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<v Speaker 1>or against the objection, after which I will issue a ruling,

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<v Speaker 1>either sustaining or overruling the objection. Once the ruling has

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<v Speaker 1>been made, Director cross examination may resume. I anticipate that

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<v Speaker 1>will begin each morning at nine am, with the exception

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<v Speaker 1>of Wednesday, and we will begin at one pm. We

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<v Speaker 1>will take a fifteen minute morning break and a fifteen

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<v Speaker 1>minute after noon break. If there is a situation that

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<v Speaker 1>necessitates a break, please approach the bench and we can

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<v Speaker 1>address that. We will recess for lunch at noon for

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<v Speaker 1>one hour each day with the exception of Wednesday, and

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<v Speaker 1>court will resume at one pm and continue until five

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<v Speaker 1>pm each day. Does either party need the benefit of

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<v Speaker 1>the record, Kathy Nestor Defense, know your honor, Judge Graff,

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<v Speaker 1>Thank you, Miss Nestor. Chad Grunander, no Judge thank you,

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<v Speaker 1>Judge Graf. Thank you, mister Grueneger. Do either party wish

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<v Speaker 1>to invoke the exclusionary rule, Kathy Nestor, Defense invokes your honor,

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<v Speaker 1>Judge Graf. All right, Defense has invoked the exclusionary rule.

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<v Speaker 1>I asked that all witnesses, if present, be excused from

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<v Speaker 1>the courtroom and ask that each party monitor the courtroom

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<v Speaker 1>to ensure that your witnesses are not present, and I'm

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<v Speaker 1>not familiar with who they are. Of course, victim representative

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<v Speaker 1>is excluded from that rule, as is the case manager

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<v Speaker 1>pursuant to the rules Baylift inaudible, Judge Graph okay, and

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<v Speaker 1>I anticipate that from here on out that they're just

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<v Speaker 1>going to come to the lectern. Okay. So just for

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<v Speaker 1>the benefit of the record, the questions as or no questions.

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<v Speaker 1>While the parties have entered their appearance and they're all present,

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<v Speaker 1>and neither party wanted the benefit of the record, Miss

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<v Speaker 1>Nestor invoked the exclusionary rule. And mister Grunander, if you'd

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<v Speaker 1>like to approach the electern as the microphone at the

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<v Speaker 1>table is not activated, Chad GRUNDI, thank you, Judge. Yeah,

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<v Speaker 1>we anticipated that the defense would invoke the exclusionary rule.

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<v Speaker 1>We consulted with the defense for just a couple of

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<v Speaker 1>minutes prior to the start of the hearing. We essentially

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<v Speaker 1>have two cases, agents your honor, David Hall and Brian Davis,

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<v Speaker 1>both from the state of Utah. The defense is consented

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<v Speaker 1>that both of them can be present. So one is

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<v Speaker 1>seated at my table, the front table. This is Brian Davis,

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<v Speaker 1>Agent Davis, and Agent Hall is seated on the bench

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<v Speaker 1>just on the other side of the bar. He'll be

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<v Speaker 1>present for the hearing as well. Both of these agents

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<v Speaker 1>will be testifying as part of the hearing. Judge Graf,

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<v Speaker 1>thank you, Miss Nestor. Your microphone's dead if you want

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<v Speaker 1>to come forward. It sounds like you've stipulated, but just

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<v Speaker 1>for the benefit of the record, Kathy Nester, we have

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<v Speaker 1>stipulated your honor for the purpose of this hearing only.

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<v Speaker 1>Judge Graff, thank you. All right, So Agent Davison Hull

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<v Speaker 1>are permitted to remain in the courtroom during the duration

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<v Speaker 1>of the prelim hearing. Any other business that we need

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<v Speaker 1>to address before we turn to the business of witnesses.

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<v Speaker 1>Mister Novak, Richard Novak for the defense, Thank you, Your honor,

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<v Speaker 1>Richard Novak for mister Robinson, your honor. The court had

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<v Speaker 1>issued an order maybe was early last week, asking the

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<v Speaker 1>parties to meet and confer about the question of whether

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<v Speaker 1>exhibits will be published. Than we did, and we can

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<v Speaker 1>either deal with this as a general matter or we

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<v Speaker 1>can deal with it on an exhibit by exhibit basis.

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<v Speaker 1>But I just want to make sure that we didn't

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<v Speaker 1>lose track of that issue. The Court had earlier entered

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<v Speaker 1>in order granting in part the defense motion to exclude.

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<v Speaker 1>I'm just going to say technology in the courtroom, because

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<v Speaker 1>it's shorthand for video cameras and photography and microphones. Because

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<v Speaker 1>the parties had earlier stipulated that none of the exhibits

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<v Speaker 1>would be available from the prelim hearing, would be available

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<v Speaker 1>for inspection or copying. I understand that publishing the exhibits

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<v Speaker 1>in the courtroom may technically be different than that, But

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<v Speaker 1>whenever the court's ready to deal with that issue, we

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<v Speaker 1>just want to make sure that we do so, Judge

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<v Speaker 1>graf An Auto Novak, before it's too late, Judge Graph,

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<v Speaker 1>that's always the right time to do it. Novak, Okay,

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<v Speaker 1>thank you, Judge Graph. Turning to the State, and in defense,

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<v Speaker 1>do we anticipate this being a long argument or is

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<v Speaker 1>it something that we can handle that there are some

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<v Speaker 1>stipulations that we can address right now, and then the

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<v Speaker 1>remainder we can address on an exhibit by exhibit basis,

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<v Speaker 1>mister Grunander, Judge, I don't know that we have any stipulations.

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<v Speaker 1>But with that said, it's correct, mister Novak's correct. We

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<v Speaker 1>did meet and consult on the issue. I wanted to

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<v Speaker 1>give the court just a brief roadmap, but part of

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<v Speaker 1>that was Exhibit seven, eight nine that we propose introducing

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<v Speaker 1>will be graphic in nature, and those were the exhibits

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<v Speaker 1>I was referring to at the last hearing where we

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<v Speaker 1>would like to take a short break before they were published,

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<v Speaker 1>if they are published, whether it be by the way

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<v Speaker 1>of video or audio. Judge, I don't see any TVs

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<v Speaker 1>or monitors here in the courtroom today with respect to

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<v Speaker 1>publishing something that would go beyond council table and your

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<v Speaker 1>honor's beat. So I don't know how much of this

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<v Speaker 1>is an issue or it's going to be anyway, at

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<v Speaker 1>least with respect to pictures or video. Judge, graph thank you,

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<v Speaker 1>and that's a great point. And the courts thought about

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<v Speaker 1>this issue in regard to publication of exhibits. Obviously, the

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<v Speaker 1>Court will entertain all motions before any but after considering it,

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<v Speaker 1>here's the two points that I wish to address in

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<v Speaker 1>regard to the exhibit. There is a benefit to publication

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<v Speaker 1>of certain exhibits. But I also do not, and this

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<v Speaker 1>is going to the camera operator, do not want them

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<v Speaker 1>to be displayed on TV. I believe it's important that

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<v Speaker 1>the parties know that the exhibits are being viewed by

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<v Speaker 1>the judge in real time and an open court. However,

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<v Speaker 1>what I will do is have the monitor placed against

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<v Speaker 1>the wall to reduce the possibility of it being broadcast.

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<v Speaker 1>And so on the exhibits that the Court grants to

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<v Speaker 1>be published in court and not going to mister Novak's point,

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<v Speaker 1>not to be given copies to. And the Court's trying

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<v Speaker 1>to be mindful that if it's shown on TV, that's

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<v Speaker 1>essentially giving copy to And so the Court is taking

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<v Speaker 1>mister Noak's point into consideration. And so the anticipation is,

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<v Speaker 1>and I know I'm catching staff a little bit off guard,

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<v Speaker 1>is placing that television right behind jeff our bailiff to

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<v Speaker 1>minimize the accidental capture by the camera and allowing it

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<v Speaker 1>to be displayed. I recognize that this is not the

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<v Speaker 1>ideal spot for viewing, but I'm also trying to balance

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<v Speaker 1>the rights and important considerations that defense is made. And again,

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<v Speaker 1>this will be on an exhibit by exhibit basis on

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<v Speaker 1>what's published or what is not. But for the exhibits

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<v Speaker 1>that the court rules can be published in open court,

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<v Speaker 1>that's going to be the location of the monitor. And again,

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<v Speaker 1>the court spent a bit of time weighing what should

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<v Speaker 1>be done where the monitor should be placed to accomplish

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<v Speaker 1>the purposes of publication at the same time protecting especially

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<v Speaker 1>as it may relate to sensitive material if the Court

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<v Speaker 1>deems that to be publishable in the court room. Any

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<v Speaker 1>questions that I can address either side, or clarification needed,

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<v Speaker 1>or thoughts that you wish to share, John Wilson, No,

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<v Speaker 1>I think I understand completely. All right, folks, We're gonna

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<v Speaker 1>wrap up episode one right here, and in the next

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<v Speaker 1>episode dealing with the topic, we're gonna pick up where

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<v Speaker 1>we left off. All the information that goes with this

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