Speaker 1: What's up everyone, and welcome back to the program. In
Speaker 1: this episode, we're picking back up with a prelim hearing
Speaker 1: for Tyler Robinson. Question to Officer Bagley, were you working
Speaker 1: that day? Answer? Yes, I was? Question at UVU Answer
Speaker 1: I was? Yes. Question okay, do you remember what time
Speaker 1: your shift started? Approximately? Answer? Yeah, it approximately started about
Speaker 1: eleven o'clock in the morning. Answer or question eleven o'clock
Speaker 1: in the morning. Answer yeah. Question okay, did you receive
Speaker 1: any specific assignment shortly after coming onto duty? Answer? Yes,
Speaker 1: I did. Question and what was that assignment? Answer? It
Speaker 1: was to secure the top of the Hall of Flags
Speaker 1: on the south end. So we had people that were
Speaker 1: gathering on top of that that we're looking down on
Speaker 1: top of the tent, so we wanted to secure that area.
Speaker 1: So I was put on top of the Hall of
Speaker 1: Flags on the south end. Question okay, my apologies, you're honor.
Speaker 1: Could we have exhibit one published the Judge Tony Graff,
Speaker 1: let's go ahead and republish at exhibit one. Thank you.
Speaker 1: Question you mentioned that you were securing the south end
Speaker 1: of the walkway on top of the Hall of Flags.
Speaker 1: Answer yes, question and so where do we find that
Speaker 1: in this exhibit officer. Answer, so, if you can see
Speaker 1: the tent, the white tent, there's the rooftop where the
Speaker 1: red brick is. I was on top of that, and
Speaker 1: then there's some actually it looks like yellow crime scene tape.
Speaker 1: That was some of our barrier that we put up
Speaker 1: so people wouldn't go above that and walk. So I
Speaker 1: was sitting right by those flower pots plants that were
Speaker 1: by the fugal on the south end. Question so is
Speaker 1: the south end on the bottom of this photograph? Answer yes,
Speaker 1: question where that walkway kind of begins from the bottom.
Speaker 1: Answer yes. Question and you refer to a tent. Is
Speaker 1: that the white object that we see inside the courtyard?
Speaker 1: Answer yeah, the square white object with the tent. Question okay,
Speaker 1: thank you. So you were securing the area. Answer yeah.
Speaker 1: Question did you have the opportunity that morning you mentioned
Speaker 1: you checked on about eleven o'clock? Answer yeah, question that
Speaker 1: morning and later to walk around the campus that day?
Speaker 1: Answer yes. Question did you walk along the Hall of
Speaker 1: Flags that day? Answer I did? Question that walkway? Answer yes.
Speaker 1: Question did you visit the courtyard that day as well?
Speaker 1: Answer it down below? Yes, on the south I was
Speaker 1: down there. Question Okay, let's see. Officer, I'm going to
Speaker 1: turn your attention to state Exhibit number two and that
Speaker 1: should come up on your monitor there. Let me know
Speaker 1: when you see that, if you would. Kathy Nester, a
Speaker 1: lawyer for Tyler Robinson, jumps in your honor, if we
Speaker 1: could maybe not have that on the lector and screen.
Speaker 1: We're getting reports that document shown on the lectern screen
Speaker 1: are being live streamed, so maybe if we could just
Speaker 1: not show that one until it's admitted, Judge Graff, Mister Grunader.
Speaker 1: Grunader also to the court, Judge, I've got copies of
Speaker 1: these myself that i can refer to as I'm asking questions.
Speaker 1: The judge all right, well, i'll go ahead and grant
Speaker 1: the request by Miss Nestor. Will go ahead, and an
Speaker 1: audible just there should be a power button to the left. Grunader,
Speaker 1: I'm not sure where that's at. Did you try here?
Speaker 1: So they're going back and forth trying to get the
Speaker 1: screen turned off. Now, the judge says, after it's turned
Speaker 1: off and if at any point, mister Grunander, you need
Speaker 1: to use the monitor, let's revisit that. And obviously, Miss Nestor,
Speaker 1: you can renew your objection if needs be, but for
Speaker 1: now the monitor's turned off. Let's go ahead and proceed. Question,
Speaker 1: thank you, officer. Do you see State Exhibit number two
Speaker 1: on your monitor? Answer yes, I do. Question and do
Speaker 1: you recognize that? Answer? I do? Question? And what is it? Answer?
Speaker 1: This is a picture from the east side looking west
Speaker 1: of the campus. Question Okay, are you familiar with what's
Speaker 1: depicted in the photograph? Answer yes, I am. Question okay,
Speaker 1: And does it show, for example, the low C Center
Speaker 1: that we've talked about? Answer yes it does. Question does
Speaker 1: it depict the Woodbury Business building that we've talked about?
Speaker 1: Answer yes, question and what about the Fugel Building? Answer yes.
Speaker 1: Question does it show the Sorenson Center? Answer yes, question
Speaker 1: and also the Hall of Flags? Answer yes. Question in
Speaker 1: this particular exhibit, can you also see the courtyard? Answer
Speaker 1: I can, A partial of it? Question a partial of it? Okay?
Speaker 1: Does it fairly and accurately depict the area of campus
Speaker 1: of UVU on September tenth, twenty twenty five? Answer yes,
Speaker 1: question Okay, your honor, the state offers State Exhibit number two.
Speaker 1: Kathy Nester jumps in your honor, we renew our standing objection.
Speaker 1: We also argue that the Foundation hasn't been laid in
Speaker 1: terms of the time this was taken or who took it,
Speaker 1: and at one point in time this was created, and
Speaker 1: how so I don't think he has any personal knowledge
Speaker 1: of that, and we'd object. Grunader jumps in same argument, Judge,
Speaker 1: he has testified that he's familiar with it. He's personally
Speaker 1: familiar with it. He's testified that it's fair and accurate
Speaker 1: as of the day of September tenth, twenty twenty five,
Speaker 1: and that's what was asked of them. Judge Graff, all right,
Speaker 1: I'll go ahead and overrule the objection by defense, noting
Speaker 1: that the witness has laid well, he has expressed that
Speaker 1: this is a fair and accurate representation of what it
Speaker 1: purports to be, and he's familiar with it. He was
Speaker 1: there on the day on September tenth, And because that
Speaker 1: foundation has been laid, State's Exhibit two is admitted and
Speaker 1: may be published. Grunander, thank you. Judge. State moves to
Speaker 1: publish Exhibit two. Question Officer, I'm going to direct your
Speaker 1: attention to the exhibit on the monitor facing the gallery
Speaker 1: of the court today. Can you describe there's a large
Speaker 1: building in the middle of that photograph slightly above the middle.
Speaker 1: But what building are we looking at there? Answer You're
Speaker 1: looking at the rooftop of the Losie building. It's got
Speaker 1: two different grays, like a lighter gray and a darker gray.
Speaker 1: Question are you familiar with the rooftop? Then? Answer yes,
Speaker 1: I am. Question and what's it made of? Answer it's
Speaker 1: made of gravel. Answer a question, gravel. Okay, you mentioned
Speaker 1: two different grades or did you say grays? Answer grays
Speaker 1: grunader grays. Okay, all right, Now you describe what you
Speaker 1: could see the courtyard, but it wasn't easily visible in
Speaker 1: this photograph. Where is the courtyard located on the State's
Speaker 1: exhibit number two? Answer You've got the white roof that's
Speaker 1: going to be in the middle, just to the top
Speaker 1: of the building where the Losi is. I describe. There's
Speaker 1: a white roof there. That's the Swornsen building, and just
Speaker 1: below that you can see some grass, and that's where
Speaker 1: the courtyard is. It's just to the left of that
Speaker 1: white roof. Question, your honor, I'm going to ask the
Speaker 1: witness could actually come down from the stand and point
Speaker 1: where the courtyard is located in the exhibit. For the
Speaker 1: court's behalf the judge. All right, do we have a
Speaker 1: second microphone so it picks up his voice? Okay, Miss Nestor,
Speaker 1: thank you for allowing us. Officer, you may step down,
Speaker 1: approach the monitor, and I would ask that you speak
Speaker 1: into the microphone when responding to a question. Okay, can
Speaker 1: you hear me? Ask the officer the judge, I can
Speaker 1: thank you. Question by Grunander officer for our benefit? Could
Speaker 1: you describe again where the low C Center is in
Speaker 1: this photograph? Answer? The Low C Center is going to
Speaker 1: be the one with the gray roof. It's got two
Speaker 1: different colors of gray. Question two different colors of gray. Okay,
Speaker 1: I'm blind. I can't see the two different colors from here.
Speaker 1: But can you describe where the court looks like? We want? Blank?
Speaker 1: Comes back on? Can you point to where the courtyard
Speaker 1: is located on that exhibit? Answer? The courtyard is going
Speaker 1: to be here where this grass is in this area
Speaker 1: right here? Question? Okay, and what about the Fugel building. Answer?
Speaker 1: The Fugel building is going to be this building right here. Question?
Speaker 1: And the Woodbury Business building then answer? Woodburry is going
Speaker 1: to be this one right here with the red brick path.
Speaker 1: Question and the Sorenson Center. Answer. Sowrenson Center is going
Speaker 1: to be the white roof one that's right here. Question Okay,
Speaker 1: Now on this exhibit, can you see the LDS Institute
Speaker 1: building and parking structure that we've talked about. Answer no,
Speaker 1: not really. You've got the backside of the institute building
Speaker 1: which is right here, and the parking structure is over there,
Speaker 1: so you can't see. The next, Judge Graft jumps in.
Speaker 1: Mister Grunader, let me stop you just for the benefit
Speaker 1: of the record, because the record is picking up the
Speaker 1: audio when you're appointing it to and I know it
Speaker 1: may be a little bit laborious to do this, but
Speaker 1: as you're identifying, indicate the general location on it the
Speaker 1: left side, right side, middle, upper, lower, just so the
Speaker 1: record knows to some degree where you're pointing in that way,
Speaker 1: because the video isn't being captured, so if you would
Speaker 1: do that, it just creates some or complete record. Thank
Speaker 1: you Grunader, understood, that's fair, Thank you, judge. So again,
Speaker 1: let's point to the courtyard and if you'll describe as
Speaker 1: best you can where it's located on the photograph. Answer.
Speaker 1: On this photograph, the courtyard is going to be this
Speaker 1: grass area that's going to be towards the top of
Speaker 1: the picture, the baseball fields behind it. It's closer to
Speaker 1: the surrounded buildings. There are some grass in there. That
Speaker 1: would be the courtyard area. Question okay. And we've talked
Speaker 1: about the Hall of Flags and the walkway above that hall.
Speaker 1: Where is that located on the photograph? Answer? The Hall
Speaker 1: of Flags is going to be right by the courtyard.
Speaker 1: Just to the west of it, there's a red brick
Speaker 1: towards the top of the picture. There's a red brick
Speaker 1: pathway that goes from the Fugal building which is on
Speaker 1: the left of the picture, towards the right of the picture,
Speaker 1: which is a science building area. Question okay. And then
Speaker 1: the Sorenson Center. Is that the building in the middle
Speaker 1: with a large white roof. Answer? Yeah, it's going to
Speaker 1: be towards the upper part of the picture. Middle of it.
Speaker 1: It's going to be a white roof. That would be
Speaker 1: the Sorenson Center. Question. And just to the north and
Speaker 1: east of the courtyard answer yeah, north and east question okay.
Speaker 1: And then finally, if you would describe Loci building the
Speaker 1: location of that on this exhibit. Answer the low C
Speaker 1: building could be pretty much in the middle on the
Speaker 1: right side, middle to the right, it's going to have
Speaker 1: two different colors of gray, a darker gray and a
Speaker 1: lighter gray. There's a red pathway and that will be
Speaker 1: the low CI Center. Question. Okay, you mentioned Officer that
Speaker 1: there were different stories on the Loci building. How many
Speaker 1: stories does the Loci building have? Answer? There's four? Question
Speaker 1: four stories. Okay. You mentioned that you were familiar with
Speaker 1: the rooftop. Do you know how to gain access to
Speaker 1: the rooftop of the Loci building? Answer? Yeah, there's actually
Speaker 1: an outside stairway right here that comes up. It's going
Speaker 1: to be just to the south of the Loci building.
Speaker 1: There's a red pathway right directly in the middle of
Speaker 1: the picture. Off to the south of the left side
Speaker 1: of the picture is an outdoor stairway. Question is that
Speaker 1: open to the public? Answer? It is? Question And how
Speaker 1: would someone access the roof from the stairway? Answer? If
Speaker 1: they came up, that would put someone right on the
Speaker 1: pathway that goes between the Low C Center and down
Speaker 1: towards the Computer Science Building. There's a red pathway. There's
Speaker 1: actually a little handrail, like a little guardrail, probably about
Speaker 1: a couple feet high that somebody could jump over. Question
Speaker 1: is that restricted? Is it off limits? Answer? Yes, it is.
Speaker 1: There's a natural barrier with the guardrail and from there
Speaker 1: on there's no path. It's a gravel roof, so it's
Speaker 1: not paved like everything else. Question, but someone could hop
Speaker 1: over that railway? Answer yes, Chad Grunander. Okay, thank you officer.
Speaker 1: You can take your seat again. All right, folks, we're
Speaker 1: gonna wrap up right here, and in the next episode
Speaker 1: dealing with the topic, we're gonna pick up where we
Speaker 1: left off. All the information that goes with this episode
Speaker 1: can be found in the description box.