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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 dive into another court document

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<v Speaker 1>in the matter of the State of Utah versus Tyler

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<v Speaker 1>James Robinson, and this time we're taking a look at

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<v Speaker 1>the notice of objection by Tyler Robinson to the State

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<v Speaker 1>of Utah proposed Exhibit four dot one, Memorandum of Points

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<v Speaker 1>and Authorities, Case number two five one, four zero three,

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<v Speaker 1>five seven six. Defendant Tyler James Robinson, by and through

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<v Speaker 1>his Council of Record, hereby provides this Honorable Court and

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<v Speaker 1>the State of Utah, through its Council of Record, with

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<v Speaker 1>notice of his objection to admission into evidence and publication

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<v Speaker 1>of the states proposed Exhibit four dot one during after

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<v Speaker 1>or in connection with the evidentiary hearing on his motion

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<v Speaker 1>to disqualify the Utah County Attorney's Office from representing the

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<v Speaker 1>State of Utah in this matter. The objection is based

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<v Speaker 1>upon rules four one, four oh two, and four oh

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<v Speaker 1>three and the Utah Rules of Evidence, as well as

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<v Speaker 1>mister robinson right to a fair trial under Article I,

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<v Speaker 1>Section twelve of the Utah Constitution and the sixth Amendment

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<v Speaker 1>of the United States Constitution, as set fourth in the

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<v Speaker 1>attached memorandum of points and authorities introduction. As the Supreme

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<v Speaker 1>Court of Utah explained in State versus James, this is

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<v Speaker 1>a capital case. Not only will a jury be required

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<v Speaker 1>to determine the guilt or innocence of defendant, but if

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<v Speaker 1>guilt is found, the jury will probably be urged by

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<v Speaker 1>the prosecution to impose the death penalty. In deciding whether

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<v Speaker 1>to impose the death penalty, the jury must weigh aggravating

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<v Speaker 1>circumstances against mitigating circumstances. This is the most momentous judgment

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<v Speaker 1>a jury can be asked to make. The judgment should

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<v Speaker 1>be made in an atmosphere as free from any taint,

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<v Speaker 1>a bias, or prejudice as reasonably possible. Here, the impact

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<v Speaker 1>of the alleged crime reached deeply into the community. Residents

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<v Speaker 1>were exposed to media information on almost a daily basis,

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<v Speaker 1>as the highly biased traditional local and national media and

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<v Speaker 1>international social media coverage of this case demonstrates, every in

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<v Speaker 1>court statement by attorneys representing the state, whether under oath

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<v Speaker 1>or not, every statement by counsel from mister Robinson, and

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<v Speaker 1>every observation and ruling by the court are under a

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<v Speaker 1>microscope and subject to microsurgery by journalists, bloggers, media experts

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<v Speaker 1>and others to make matters worse. Those media entities which

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<v Speaker 1>now purport to refer to themselves as litigants in this prosecution,

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<v Speaker 1>in complete disregard of the Court's admonition to the contrary,

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<v Speaker 1>seek to ensure that every single pleading filed in and

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<v Speaker 1>statement to this Court is available for widespread public dissemination,

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<v Speaker 1>long before neutral, untainted and reliably unbiased jury is ever impaneled,

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<v Speaker 1>undoubtedly undermining the ability of the Court and the two

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<v Speaker 1>litigants to do so. As the last two hearings demi

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<v Speaker 1>and straight repeated violations of this Court's decorum order, which

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<v Speaker 1>not coincidentally arise from improper prohibited telescopic views of mister

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<v Speaker 1>Robinson in his council conferring at council table and result

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<v Speaker 1>in absurd but widely published opinions from putative lip readers

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<v Speaker 1>and others who seek fame and future from interpreting facial

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<v Speaker 1>expressions or lack thereof, are brushed off by the medias

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<v Speaker 1>in court representatives as unintentional mistakes that will not be

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<v Speaker 1>repeated again. This is alas the context in which the

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<v Speaker 1>present hearing and the present objection must be viewed pending

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<v Speaker 1>before this Court. Is mister Robinson's wholly proper and timely

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<v Speaker 1>brought motion to disqualify the Utah County's Attorney's Office because

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<v Speaker 1>of a conflict of interest arising from the family member

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<v Speaker 1>of a member of the prosecution team personally witnessing the

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<v Speaker 1>events at Utah Valley University on September tenth, twenty twenty five.

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<v Speaker 1>Mister Robinson objects here to the admission into evidence in

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<v Speaker 1>connection with this motion of the state's proposed exhibit fourt one,

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<v Speaker 1>a close up color video with audio of the shooting

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<v Speaker 1>of mister Kirk. This proposed exhibit is clearly inadmissible if admitted,

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<v Speaker 1>which would be in contravention to the Utah Rules of Evidence.

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<v Speaker 1>It should remain sealed until it's admitted into evidence if

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<v Speaker 1>it is at trial. Mister Robinson objects to its admission

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<v Speaker 1>into evidence on the basis that it's not admissible within

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<v Speaker 1>the meaning of Rule four one and four oh two

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<v Speaker 1>of the Utah Rules of Evidence. Rule four oh one

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<v Speaker 1>provides that evidence is relevant if a it has any

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<v Speaker 1>tendency to make effect more or less probable than it

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<v Speaker 1>would be without the evidence, and b the fact of

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<v Speaker 1>the consequence in determining the action. Utah rules for evidence

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<v Speaker 1>four one. Rule four O two provides that irrelevant evidence

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<v Speaker 1>is not admissible. Mister Robinson also objects to its admission

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<v Speaker 1>under rule four oh three if the Court intends to

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<v Speaker 1>permit the State to pu publish this exhibit in open court,

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<v Speaker 1>or if the Court intends to provide the public with

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<v Speaker 1>access to this exhibit before it's admitted into evidence at trial,

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<v Speaker 1>if it ever is. Rule four O three provides that

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<v Speaker 1>the Court may exclude relevant evidence if its probitive value

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<v Speaker 1>is substantially outweighed by the danger of one or more

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<v Speaker 1>of the following unfair prejudice, confusing the issues, misleading the jury,

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<v Speaker 1>undue delay, wasting time, or needlessly presenting extra evidence Utah

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<v Speaker 1>are evidence four three. Here, of course, the deep concern

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<v Speaker 1>is with the leading grounds for excluding evidence that is

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<v Speaker 1>of limited probitive value, unfair prejudice, and confusing the issues.

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<v Speaker 1>Mister Robinson's objection under rule four three is inextricably intertwined

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<v Speaker 1>with and therefore also based upon, his right to a

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<v Speaker 1>fair trial under the Utah and United States constitutions. In

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<v Speaker 1>State versus Archiletta, the Supreme Court of Utah held that

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<v Speaker 1>a trial court is well within its authority to deny

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<v Speaker 1>access to public documents and exhibits received into evidence in

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<v Speaker 1>a prelim hearing or ruling based in part on defendant's

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<v Speaker 1>constitutional right to a fair trial. Providing public access to

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<v Speaker 1>the exhibits requested would not serve the administration of justice, and,

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<v Speaker 1>as the trial court concluded, could very well jeopardize defendant's

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<v Speaker 1>right to a fair trial. Exhibit four dot one. Prior

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<v Speaker 1>to the hearing on January sixteenth, twenty twenty six, the

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<v Speaker 1>state produced Exhibit four dot one to the defense, presumably

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<v Speaker 1>in anticipation of introducing it in support of its opposition

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<v Speaker 1>to mister Robinson's motion to disqualify the Utah County's Attorney's office.

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<v Speaker 1>The defense anticipates that the state intends to attempt to

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<v Speaker 1>move for dot one into evidence at the hearing currently

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<v Speaker 1>scheduled for February third, twenty twenty six. Exhibit four dot

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<v Speaker 1>one is a video clip of the shooting of mister

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<v Speaker 1>Charlie Kirk. The video is in color and from a

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<v Speaker 1>distance of only a few feet away from mister Kirk.

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<v Speaker 1>There's audio contained within the video clip capturing sounds including

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<v Speaker 1>unidentified voices immediately before, during, and after the shooting. Exhibit

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<v Speaker 1>four dot one is of no probitive value to any

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<v Speaker 1>material issue surrounding the motion to disqualify. The motion at

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<v Speaker 1>issue here is not focused on the cause of mister

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<v Speaker 1>Kirk's death, but on the propriety of the Utah County

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<v Speaker 1>Attorney's Office representing the state in the prosecution. The two

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<v Speaker 1>questions before the court is whether a legal conflict of

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<v Speaker 1>interest or an appearance of the same exists in the

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<v Speaker 1>case sufficient to disqualify one of the members of the

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<v Speaker 1>prosecution team, and if the conflict of interests likewise disqualifies

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<v Speaker 1>the Utah County Attorney's office. Nothing about the motion or

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<v Speaker 1>the state's opposition necessitates the viewing of the moments just

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<v Speaker 1>before or the moment of mister Kirk's death and the

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<v Speaker 1>captured audio in order to reach a legal conclusion about

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<v Speaker 1>the existence of the actual or apparent and unwaivable conflict

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<v Speaker 1>of interest. The video of mister Kirk's death has no

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<v Speaker 1>tendency to make any fact relating to the motion to

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<v Speaker 1>disqualify more or less probable than it would be without

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<v Speaker 1>the introduction of the video. The state is submitted still

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<v Speaker 1>photos and biagrams, none of which mister Robinson objects to,

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<v Speaker 1>showing mister Kirk's location and proximity to the audience, and

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<v Speaker 1>the believe location of the family member of a member

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<v Speaker 1>of the prosecution team, which are wholly sufficient to impart

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<v Speaker 1>the relevant information that the State belief should be considered

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<v Speaker 1>by this Court pursuing a rule four one and four

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<v Speaker 1>two of the Utah Rules of Evidence, Exhibit four point

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<v Speaker 1>one is not relevant and should not be admitted into

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<v Speaker 1>evidence in connection with this motion. Any alleged probitive value

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<v Speaker 1>is substantially outweighed by a danger of unfair prejudice and

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<v Speaker 1>negatively impacts mister Robinson's right to a fair trial. While

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<v Speaker 1>mister Robinson had lodged with this Court a separate motion

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<v Speaker 1>to prohibit videography, still camera images, and audio broadcasting of

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<v Speaker 1>the court proceedings in the case, the Court is not

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<v Speaker 1>yet ruled on the motion. Assuming that the hearing schedule

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<v Speaker 1>for February third, twenty twenty six will be televised, any

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<v Speaker 1>video exhibit played at the hearing would be subject to

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<v Speaker 1>immediate publication nationwide and internationally. Apps in a proactive decision

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<v Speaker 1>by the Court to steal the exhibit, which is well

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<v Speaker 1>within its authority, as explained by the Supreme Court of

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<v Speaker 1>Utah in State versus Archiletta A. Fifty seven p Dot

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<v Speaker 1>two d At three twenty nine, providing public access to

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<v Speaker 1>the exhibits requested would not serve the administration of justice, and,

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<v Speaker 1>as the trial court included, could very well jeopardize defendant's

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<v Speaker 1>right to a fair trial IDEA two forty two. Exhibit

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<v Speaker 1>four point one is graphic and likely highly disturbing to

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<v Speaker 1>any person who've views it, negatively impacting mister Robinson's constitutional

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<v Speaker 1>right to a fair trial. Exhibit four point one is

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<v Speaker 1>also needlessly cumulative in light of other stole photos and

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<v Speaker 1>diagrams included in the state's propose exhibits. The prejudice certain

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<v Speaker 1>to follow the public dissemination of Exhibit four point one

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<v Speaker 1>substantially outweighs any possible probitive value the state may assert

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<v Speaker 1>it possesses. Therefore, pursuing to Rule four oh three of

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<v Speaker 1>the Utah Rules of Evidence and mister Robinson's right to

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<v Speaker 1>a fair trial under the Utah Constitution and the US Constitution,

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<v Speaker 1>Exhibit four dot one should not be admitted into evidence

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<v Speaker 1>should not be publicly displayed and if admitted into evidence,

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<v Speaker 1>must remain under seal. Conclusion, Exhibit four point one has

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<v Speaker 1>no proper role in the instant hearing. It should be excluded,

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<v Speaker 1>should not be publicly presented, and should remain under seal

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<v Speaker 1>if the Court concludes otherwise. Respectfully submitted the twenty seventh

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<v Speaker 1>of January twenty twenty six, and this was signed by

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<v Speaker 1>Katherine Nester, Richard Novak, Michael Burt, and Stacy Visser. All

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<v Speaker 1>the information that goes with this episode can be found

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<v Speaker 1>in the description box