Speaker 1: What's up everyone, and welcome back to the program. In
Speaker 1: this episode, we're going to pick up where he left
Speaker 1: off with day number one of the Tyler Robinson prelim
Speaker 1: hearing transcripts. Judge Tony Graff, all right, thank you, And
Speaker 1: mister Gernander as it relates to that, are we anticipating
Speaker 1: the possibility of that coming up very soon in regards
Speaker 1: to publishing potentially exhibits, Grunander, not real soon, but today certainly,
Speaker 1: I would anticipate Judge for the court's information. We anticipate
Speaker 1: presenting four witnesses. They're all law enforcement witnesses. Officer Chris Bagley,
Speaker 1: he's now with Spanish four Police Department. He was with
Speaker 1: Utah Valley University Police Department. He'll be the first witness.
Speaker 1: The second witness will be Agent David Hole and those
Speaker 1: exhibits seven eight nine we anticipate coming in through him.
Speaker 1: The third witness will be Agent Brian Davis again with
Speaker 1: the State of Utah, a case agent who's here presently.
Speaker 1: And lastly Sergeant Jennifer Fomina, also the Utah Department of
Speaker 1: Public Safety, and we do anticipate admitting between forty and
Speaker 1: fifty exhibits judge Graph, thank you all right, mister Grunader,
Speaker 1: I apologize you walked away before I got my questions out.
Speaker 1: If we anticipate taking a break around ten thirty, do
Speaker 1: you anticipate any potential exhibits for publication being requested prior
Speaker 1: to ten thirty? Grunader, I do, Judge the judge? Okay, Grunader,
Speaker 1: I do I think the first several exhibits would be published?
Speaker 1: Judge graph, all right, well, let's do it. I want
Speaker 1: our preliminary hearing to move smoothly and with the least
Speaker 1: amount of delays as possible, So let's take a brief
Speaker 1: break to allow the placement of that monitor, a brief
Speaker 1: test to make sure it's working, and then we can
Speaker 1: be seamless moving forward. Grunader, one quick question, Judge, for
Speaker 1: a council's benefit, are the monitors at the tables going
Speaker 1: to be turned on? Judge Graphs. The monitors are. And
Speaker 1: that's why I wanted to give that instruction early on
Speaker 1: for each party to monitor the monitor, because if the
Speaker 1: camera is doing a wide, sweet picture of the court room,
Speaker 1: I can't prevent an accidental capture. Obviously, the Decoramortar anticipates
Speaker 1: not focusing into the point that it's focused on your monitors.
Speaker 1: But I have to ask all parties to be mindful,
Speaker 1: especially as it relates to the sensitive material that may
Speaker 1: be published or may not. But please take a look
Speaker 1: at that and be mindful of that. But I'll leave
Speaker 1: it to you. So I believe it's important that all
Speaker 1: parties see what it is before the court. So if
Speaker 1: you have objections, it's right there. You can say, Okay,
Speaker 1: I see what the court's seeing. I have an objection
Speaker 1: or not, or just to confer with your client. I
Speaker 1: just want to make sure that there is no misunderstanding
Speaker 1: of what's being presented to allow all parties the benefit
Speaker 1: of the record, and it's clear what's being presented to
Speaker 1: the court for consideration as evidence. Thank you, Chad Grunader.
Speaker 1: And we do have one exhibit that will be in
Speaker 1: physical form, so we will be used using the easel
Speaker 1: I think is just over by the jury box. Judge
Speaker 1: graf all right, thank you, mister Grunander. Before we break,
Speaker 1: I do wish to remind the parties that this is
Speaker 1: a prelim hearing. It's a probable cause standard, and if
Speaker 1: you could keep that in mind as you're presenting your evidence.
Speaker 1: This is not intended to chill what you present, but
Speaker 1: keep in mind that the standard is probable cause and
Speaker 1: that is what the court, as a magistrate will be
Speaker 1: looking at. All. Right with that, how much time do
Speaker 1: we need for the placement of the monitor? Bailiff inaudible.
Speaker 1: Judge Graph, all right, well let's break for six minutes.
Speaker 1: Well let's actually let's make it easy on ourselves. Let's
Speaker 1: come back at nine thirty five and we'll resume court
Speaker 1: at that time. So they leave, and now they're back.
Speaker 1: Judge Graph, please be seated. Court is back in session,
Speaker 1: noting the presence of counsel and the parties to the state.
Speaker 1: Are you ready to proceed? Grunander, Yes we are, Judge,
Speaker 1: but prior to calling our first witness, I would like
Speaker 1: mister McBride to make a brief report on discovery updates
Speaker 1: and and then just inform the court that the state
Speaker 1: has provided copies of all exhibits for today's proceedings to
Speaker 1: the defense in advance of this hearing. Judge Graff, all right,
Speaker 1: mister McBride. Mister McBride, yes, your honor. My report at
Speaker 1: the last hearing is the latest report as of June eighteenth,
Speaker 1: we had provided approximately one hundred percent of material in
Speaker 1: our possession. Over the last week, we've received additional material
Speaker 1: from SBI due to preparation for the hearing. Those materials
Speaker 1: have not yet been provided, but they will be as
Speaker 1: soon as this hearing is complete. Judge Graff, thank you.
Speaker 1: Defense require the benefit of the record. Kathy Nester, No,
Speaker 1: your honor. Judge Graf, thank you, Miss Nestor. In case
Speaker 1: the mic didn't pick it up, she declined, all right.
Speaker 1: Turning to the state, you can call your first witness,
Speaker 1: Chad Grunader, your honor. The state calls Officer Chris Bagley.
Speaker 1: Judge Graff, Officer Bagley, if you'd like to come forward.
Speaker 1: Looks like he's being brought into the court room. All right,
Speaker 1: Officer Bagley. If you wouldn't mind coming forward past the
Speaker 1: lectern and being sworn in. He gets sworn in, all right,
Speaker 1: Officer Bagley. If you wouldn't mind having a seat at
Speaker 1: the witness table, And after you're situated, to your left
Speaker 1: is a bottle of water, And if you wouldn't mind
Speaker 1: bringing that microphone toward you to ensure that it picks
Speaker 1: up your voice. Richard Novak, Yeah, can you hear that,
Speaker 1: Judge Graf I can. Thank you, mister Grunander, your witness,
Speaker 1: Chad Grunander, thank you, your honor. Good morning, Sir Richard Novak,
Speaker 1: Good morning, Chad Grunander. Will you please state your name
Speaker 1: for the record and spell your last name Bagley spells it?
Speaker 1: And how are you employed? I'm employed with Spanish for
Speaker 1: Police department as a police officer. Question what's your position
Speaker 1: and your rank? Answer just a senior officer. Question senior officer? Okay,
Speaker 1: how long have you been with the Spanish Fork Police Department?
Speaker 1: Answer about five months? Question five months? How long have
Speaker 1: you been a police officer? Answer twenty six years? Question okay,
Speaker 1: will you briefly describe, for the court's benefit you're training
Speaker 1: what you did to become a police officer? Answer? I
Speaker 1: did the Utah Post Academy, which is about six hundred
Speaker 1: hours of training for basic things to become a police officer,
Speaker 1: report writing, arrest control stuff to that effect. Question when
Speaker 1: you say Post Academy is POST an acronym? Answer it is?
Speaker 1: Question what does it stand for? Answer? Peace officers standard training? Question? Okay?
Speaker 1: Were you certified through POST? Answer? I was? Question okay,
Speaker 1: And what did the certification require answer going through the
Speaker 1: post and graduating all the academy, all the credits that
Speaker 1: you could get up with the hours and then physical
Speaker 1: fitness stuff to that effect, and then graduating from that
Speaker 1: to earn the certificate. Question was there also testing involved? Answer?
Speaker 1: There was question at the academy? Answer yes, question okay,
Speaker 1: were you employed in September of twenty two, twenty five?
Speaker 1: Answer I was question and where were you employed? Then?
Speaker 1: Answer Utah Value Police Department? Question and how long did
Speaker 1: you work for the Utah Value University Police Department? Answer
Speaker 1: five years? Question five years? Okay, and you recall what
Speaker 1: your position or your rank was there? Answer a senior
Speaker 1: officer there. Question senior officer, okay, describe it if you
Speaker 1: would just your general duties as a police officer at
Speaker 1: Utah Value University. Answer, they're at Utah Value University. We'd
Speaker 1: patrol the campus. We'd walk around, we'd patrol, we would
Speaker 1: do investigations if there was a crime to that effect.
Speaker 1: We'd make sure that students or staff if they needed something,
Speaker 1: we'd be there for them. So basic police kind of
Speaker 1: like school resource officer, you know, community based policing. Question Okay,
Speaker 1: this was a full time position. Answer it was question, Okay,
Speaker 1: did you work in law enforcement prior to UVU? Answer?
Speaker 1: I did? Question and where was that worth? Answer? I
Speaker 1: worked at Utah Valley or sorry, Utah County Sheriff's Office
Speaker 1: four thirteen years. Before that, I worked with Springville City
Speaker 1: Police Department for six years and also with the Salt
Speaker 1: Lake County Sheriff's Office for a year. Question what were
Speaker 1: your positions with those departments? Answer at varies. I did
Speaker 1: K nine, I did SWAT, I did motors, Senior officer,
Speaker 1: FTO officer detectives. Question Okay, while you're at Utah Valley University,
Speaker 1: did you have access to the video surveillance system on campus? Answer?
Speaker 1: I did? Question and how so? Answer? It was at
Speaker 1: our desktop where our police station is. We have deaths
Speaker 1: and on our desktop we have access to it there.
Speaker 1: Or we'd go into dispatch and they'd have a wall
Speaker 1: full of camera systems that we could look at. Question
Speaker 1: how familiar did you become with that system? Answer A
Speaker 1: very familiar question? Can you describe how you became very familiar? Answer?
Speaker 1: Like I said, it was one of our daily routines
Speaker 1: that we'd go in there if we were looking for
Speaker 1: somebody or tracking something back. We'd go in, we'd go
Speaker 1: back to that timeframe. We could trace somebody, track somebody
Speaker 1: through campus. I'd also turn around make sure maps so
Speaker 1: it was easier for dispatch or somebody to click on
Speaker 1: an area in this campus where the buildings were and
Speaker 1: be able to click a little bit easier and get
Speaker 1: a faster response. So I made some maps and stuff
Speaker 1: like that. Question and how often did you use the system?
Speaker 1: Answer every day? Question Okay, did you become familiar with
Speaker 1: the campus at Utah Valley University? Answer yes, sir, question
Speaker 1: when you were working there? Answer yes, question and explain
Speaker 1: how you became familiar with it. Answer Like I said,
Speaker 1: We'd walk around. I would train other officers. We'd make
Speaker 1: sure that we knew all the ins and outs, the
Speaker 1: back doors. We'd make sure we knew where every classroom was,
Speaker 1: where every entrance and exit was. We'd secure the building.
Speaker 1: We'd patrolled the neighborhoods. We'd patrol around campus, and then
Speaker 1: we also have offside campuses that drive to and make
Speaker 1: sure that they're secure. Also question, okay, you mentioned that
Speaker 1: you patrolled the neighborhood. Answer yes, question surrounding campus answer yes,
Speaker 1: question what about the neighborhood to the north of the
Speaker 1: East campus. Answer yes, question okay, what was your purpose
Speaker 1: for patrolling those neighborhoods as an officer of UVU. Answer one,
Speaker 1: it was right next to UVU, so we patrolled it.
Speaker 1: Sometimes people would run up in that area or be
Speaker 1: walking up that way. We'd have stolen bike stuff like that,
Speaker 1: so we'd go into the area look for stuff. Also,
Speaker 1: with orm police department, we'd back them up quite a
Speaker 1: bit for other calls, and a lot of it would
Speaker 1: be in that area. Question okay, so back up just
Speaker 1: a little bit. So Utah Valley University is located in
Speaker 1: what city? Answer? Or a Utah question or a Utah okay.
Speaker 1: How familiar did you become with buildings on your campus?
Speaker 1: Answer A very familiar question and the walkaways answer a
Speaker 1: very familiar question. You mentioned the entrances and exits to
Speaker 1: the buildings. Answer yes. Question what about parking structures? Answer yes,
Speaker 1: question same answer for that answer yes. Question Okay. Are
Speaker 1: you familiar with the courtyard or the outdoor amphitheater on campus?
Speaker 1: Answer I am question and generally speaking, where is that
Speaker 1: located on campus? Answer it's more of the central it's
Speaker 1: an outdoor area centered by a bunch of buildings around it,
Speaker 1: so it's in the center of campus pretty much. Question Okay,
Speaker 1: can you describe what it looks like this courtyard, this amphitheater. Answer,
Speaker 1: it's kind of like an amphitheater. Look, so, you got
Speaker 1: some grass, a couple of steps that go up, You've
Speaker 1: got some cement on top with some bushes and flowers.
Speaker 1: You've got places where people can sit and eat, they
Speaker 1: can come out and study and relax on the grass,
Speaker 1: and there's a waterfall with a little pond that comes
Speaker 1: down into a stream. Question Okay, you're familiar with the
Speaker 1: surroundings the buildings around the Amphitheater. Answer yes, I am.
Speaker 1: All right, folks. We're gonna wrap up right here and
Speaker 1: in the next episode dealing with the topic, we're going
Speaker 1: to pick up where we left off. All the information
Speaker 1: that goes with this episode can be found in the
Speaker 1: description box.