Speaker 1: What's up everyone, and welcome back to the program. In
Speaker 1: this episode, we're heading back to the prelim hearing from
Speaker 1: Tyler Robinson and picking up where he left off with
Speaker 1: the transcripts from day number one. Grunander, Okay, going back
Speaker 1: to when you heard the gunshot, could you tell where
Speaker 1: it came from as far as the direction. Answer? I
Speaker 1: knew it came from the east to me. Question from
Speaker 1: the east of you you see this realization come to
Speaker 1: your mind? What did you do next? Answer? At that moment,
Speaker 1: when I saw the holster, the empty holster, I turned
Speaker 1: to my chief and said that was a empty holster.
Speaker 1: I turned to my chief and said that was a
Speaker 1: rifle shot, and he said, I agree. And I looked
Speaker 1: up at that moment, right in the line of sight,
Speaker 1: I could see the Losie Building had a direct line
Speaker 1: of sight. So I proceeded to go look at that
Speaker 1: and see what was going on up there. Question, Okay,
Speaker 1: so can you just briefly describe your route to the
Speaker 1: Losi Center. Answer? So, from the courtyard, you can go
Speaker 1: into the Sorenson Center. And like I said earlier, there
Speaker 1: was on level one, there's some elevators or there's stairs.
Speaker 1: I ran up four flights of stairs. I got to
Speaker 1: the fourth level of the Loci building and proceeded to
Speaker 1: the south of the Loci building. There are some stairs,
Speaker 1: which is that breezeway between the Computer Science building and
Speaker 1: the Loci building. There are some stairs that go up
Speaker 1: to the top of that, and then so I went
Speaker 1: to the top of that. Question is that the stairway
Speaker 1: that you previously described gets cut off by the officer? Yeah,
Speaker 1: on the outside of the Loci building. Question by Grunnander. Okay,
Speaker 1: And is it a public stairway? Answer yeah. Question okay,
Speaker 1: did you make it to the rooftop? Answer? I did?
Speaker 1: Question do you know about what time you got there? Answer?
Speaker 1: I got up there around twelve forty four. Question okay,
Speaker 1: what did you do when you got on top? Answer?
Speaker 1: When I got on top, I hopped over the guard rail.
Speaker 1: I noticed that there was an object which was sitting
Speaker 1: right about ten or fifteen feet in front of the
Speaker 1: other side of the guardrail in the gravel that looked
Speaker 1: out a place to me. Question and in the relationship
Speaker 1: to where you hopped over the guardrail, what direction was
Speaker 1: that object? Answer to the west of the guardrail? Question okay,
Speaker 1: did you recognize the object. Answer I did. Question and
Speaker 1: what was it? Answer? It was a red and black screwdriver.
Speaker 1: Question Okay, did you touch that object? Answer? I did not.
Speaker 1: Question Okay, I'm going to refer the witness on your screen,
Speaker 1: Officer Bagley to State Exhibit three dot one. Let me
Speaker 1: know when you see that. Answer, yeah, I see it.
Speaker 1: Question do you recognize what this is? Answer? I do?
Speaker 1: Question and what is that? Answer? That's a picture of
Speaker 1: the screwdriver that I saw that day on top of
Speaker 1: the rooftop of the Low C building. Question okay, and
Speaker 1: that's how it appeared on the roof that day. Answer yes.
Speaker 1: Question is that a fair and accurate portrayal of the
Speaker 1: screwdriver you observed and found that day? Answer yes, Grunander,
Speaker 1: your honor. The State offers State's Exhibit three dot one.
Speaker 1: Judge Graph ms Nestor, your honor, we renew, excuse me,
Speaker 1: we renew our standing objection, and we object on the
Speaker 1: grounds that there's no foundation laid as to when the
Speaker 1: photo was taken or by whom. Thank you, Grunander, Sam response,
Speaker 1: Judge my previous arguments, Judge graph, and did you state
Speaker 1: that this was a fair and accurate representation of September tenth,
Speaker 1: twenty twenty four. Grunander, I had said that day. I'll
Speaker 1: ask it again to the officer. Officer Bagley, you saw
Speaker 1: this screwdriver you were describing on September tenth, twenty twenty five.
Speaker 1: Is that correct? Answer? Yes, Grunander. Is State Exhibit three
Speaker 1: dot one a fair and accurate depiction of that screwdriver
Speaker 1: that day September tenth, twenty twenty five. Answer yes, Judge Graph,
Speaker 1: I'll go ahead and admit State's exhibit three dot one,
Speaker 1: and it's admitted based off the first hand inaudible knowledge
Speaker 1: of what this image purports to be and is a
Speaker 1: fair and accurate representation as this item on the date
Speaker 1: of September tenth, twenty twenty five, and this exhibit may
Speaker 1: be published. Question your honor before we continue to publish
Speaker 1: and ask a few more questions. Right now, might be
Speaker 1: a good time to take a break. Judge Graph, All right, Grunander,
Speaker 1: Is that okay with the court? Judge Graph, all right,
Speaker 1: let's come back at so ten forty three. Let's go
Speaker 1: ahead and come back around ten forty four. Let's come
Speaker 1: back at eleven o'clock, and then we'll resume direct examination.
Speaker 1: Court is in brief recess, so they come back and
Speaker 1: Grunander and Judge Graf are having a conversation. Judge Graph,
Speaker 1: you want to test it from here? Grunander, yes, sir,
Speaker 1: it should be up now, Judge Graph, Well, this is
Speaker 1: turned off right now, Grunander, the clerk controls it. I
Speaker 1: just have to publish and they'll decide what monitor it's
Speaker 1: going to go on. Grunnander, Yeah, I still want to
Speaker 1: set it up now, Judge Graph. I'm actually just going
Speaker 1: to be here for the rest of the day, all right,
Speaker 1: So we're going to skip through the rest of this
Speaker 1: and get back to the questioning. Judge Graph, please be seated.
Speaker 1: Court is back in session. Before we get started, I
Speaker 1: want to clarify on the record that pursu into the
Speaker 1: Utah Constitution Section one, I'm sorry, Article one, Section twenty eight,
Speaker 1: where victims and victim representatives are entitled to be treated
Speaker 1: with dignity and respect that if they choose to leave
Speaker 1: the courtroom, they can come back whenever they wish. They're
Speaker 1: not prohibited to coming back solely at the break. So
Speaker 1: I just wanted to clarify that in case there was
Speaker 1: any question about that. In addition, I want to talk
Speaker 1: about the exhibits as it relates to their admission and
Speaker 1: publication of the exhibit. So whenever there is an objection
Speaker 1: to an exhibit, I would ask that the attorneys are
Speaker 1: clear specifically what they're objecting to. There's basically three levels
Speaker 1: of objections that can be objected to the admittance of
Speaker 1: the exhibit itself, Second is the publication of the exhibit
Speaker 1: to the gallery, and third is the publication which is
Speaker 1: electronically captured by the media. So, Council, I'll leave it
Speaker 1: to you in regards to what you object to or
Speaker 1: what you wish to respond to. If no objection to
Speaker 1: the publication media capture of the exhibit is specifically raised,
Speaker 1: the Court will presume there's no objection. So, being that
Speaker 1: the monitor was introduced today by the Court, I wanted
Speaker 1: to offer that guidance to the parties in regards to
Speaker 1: your objections. With that, let's go ahead and return to
Speaker 1: the witnesses. I do note for the record that Council
Speaker 1: is present and all parties are present, and let's go
Speaker 1: ahead and proceed. Mister Grunander. Grunander, thank you, your honor.
Speaker 1: We left off Officer Bagley with just having admitted stays
Speaker 1: Exhibit three point one. I believe the court also granted
Speaker 1: our motion to publish three dot one, so we would
Speaker 1: ask the court to publish that to the gallery. Judge Graff,
Speaker 1: Miss nest or any thoughts, Kathy Nester, know, your honor,
Speaker 1: Judge Graf, all right, we'll go ahead and publish Exhibit
Speaker 1: three dot one. Let's go ahead and unplug and replug
Speaker 1: the monitor to see if that brings it back to
Speaker 1: life to display. All right, it looks like it's noticing
Speaker 1: a flicker on my screen here. Grunander, minds up, Judge
Speaker 1: Graph all right, all right, mister Grunander, thank you. Judge
Speaker 1: Officer Bagley. So you testified that this is the screwdriver
Speaker 1: as you saw on September tenth, twenty twenty five. Answer, yeah,
Speaker 1: question I'm going to and this was on top of
Speaker 1: which roof. Answer the loc building question and in relationship
Speaker 1: to the entrance to the stairway, and when you hopped
Speaker 1: over the urel to get there, where was that located?
Speaker 1: Answer about ten or fifteen feet in question? Okay, if
Speaker 1: you could, your honor bring up states exhibit number two
Speaker 1: that was previously admitted. Judge Graph, all right, Grunander, I
Speaker 1: would like to have Officer Bagley come down from the
Speaker 1: witness stand and point on that exhibit approximately where the
Speaker 1: screwdriver was located and describe it for the record. Judge Graff,
Speaker 1: all right, you may step down, and if you have
Speaker 1: a microphone for him as well. I think there was
Speaker 1: one up there, says Grunander. Oh, here we go. So
Speaker 1: if you can describe where you saw the screwdriver point
Speaker 1: to that. Answer yeah, so this is the low C
Speaker 1: building right here, the like gray here is the guardrail
Speaker 1: in the center of the picture with the red brick
Speaker 1: just over that, about ten fifteen feet in about right there.
Speaker 1: Question about right there? Okay. Now on this exhibit three
Speaker 1: dot one there's an evidence tag yellow number five. Was
Speaker 1: that present when you found the screwdriver? Answer? No question, okay,
Speaker 1: so that was left there by an evidence tech. Answer yes, question, okay,
Speaker 1: thank you. You can take your seat again. Officer. I'm
Speaker 1: going to direct your attention to your monitor again and
Speaker 1: have you look at State's exhibit three dot two and
Speaker 1: if you'll let me know when you see that. Answer okay,
Speaker 1: I see it. Question okay, and can you tell us
Speaker 1: what it is? Answer? Yeah, that's a picture of the
Speaker 1: top of the Losi Building looking west. Question okay, and
Speaker 1: how do you know that that is, in fact the
Speaker 1: top of the Loci Center looking west. Answer? I can
Speaker 1: see the landmarks of several buildings that the Fugal building
Speaker 1: is on the top. Left of it, you've got on
Speaker 1: the right is a white roof, which is a Sorenson building.
Speaker 1: On the right side of the picture. There's also a
Speaker 1: gravel area on top of the Loci building. Question okay,
Speaker 1: can you see the courtyard from this exhibit? Answer yeah,
Speaker 1: a little bit. Question what about the tent that was
Speaker 1: set up that mister Kirk was underneath? Answer yes. Question okay,
Speaker 1: what about the hall of Flags? Answer yes. Question did
Speaker 1: you mention that this was facing west? What direction are
Speaker 1: we looking? Answer we're looking west towards Utah Lake. Question Okay, officer,
Speaker 1: is this a fair and accurate depiction of what you
Speaker 1: observed on September tenth, twenty twenty five, on top the
Speaker 1: Losi Building. Answer yes. Questions State offers State's exhibit three
Speaker 1: point two. Judge Judge graph Miss Nestor, Kathy Nestor, your honor,
Speaker 1: I think that we renew our standing objection. There is
Speaker 1: an evidence tag here which begs the question that it's
Speaker 1: not fair and accurate representation of how we saw it.
Speaker 1: And we also don't have any indication about when this
Speaker 1: picture was taken or by whom, so we object to
Speaker 1: its admission. Judge graph I see Thank you, mister Grunander.
Speaker 1: Question Officer one more question, Judge Officer Bagley, apart from
Speaker 1: the evidence tag, do you see an evidence tag on
Speaker 1: the photograph? Answer? Yes, I do. Question was at present
Speaker 1: when you were on top of the Losi Center and
Speaker 1: observe this answer that was not question okay? Otherwise is
Speaker 1: it fairer and accurate? Answer yes, Chad Grunander. State moves
Speaker 1: to admit Judge graph anything further Kathy Nestor know your honor.
Speaker 1: Judge all right, thank you, given that follow up question,
Speaker 1: noting that the evidence tag it appears to be number
Speaker 1: two on State's exhibit three dot two, was not present,
Speaker 1: but otherwise it's a fairer and accurate representation as stated
Speaker 1: by the witness to State's exhibit three dot two. The
Speaker 1: Court will admit it into evidence and it may be
Speaker 1: published at the discretion of or at the request of Council,
Speaker 1: your honor. The State would move to publish it judge graph.
Speaker 1: All right, okay, folks, we're going to wrap up right here,
Speaker 1: and in the next episode dealing with the topic, we're
Speaker 1: going to pick up where we left off, and that's
Speaker 1: at two hours, seventeen minutes and fifteen seconds. All the
Speaker 1: information that goes with this episode can be found in
Speaker 1: the description box.