Speaker 1: What's up everyone, and welcome back to the program. In
Speaker 1: this episode, we're going to begin taking a look at
Speaker 1: the transcripts from Tyler Robinson's prelim hearing. All rise the Court,
Speaker 1: Judge Tony Graff now presiding. Judge Graff, please be seated.
Speaker 1: Good morning. Court is now in session calling case two
Speaker 1: five to one Dash four three Dash five seven six,
Speaker 1: State of Utah versus Tyler James Robinson. Council, Can you
Speaker 1: enter your appearance please. Chad Grunader, Ryan McBride, David Sturk,
Speaker 1: Good morning of the State. Mister Jeff Gray, the County
Speaker 1: Attorney Chris Ballard are also present. Judge Graff, good morning,
Speaker 1: Now the defense, Good morning, your honor. Kathy Nester, Michael Burt,
Speaker 1: Richard Novak, and Stacy Visser here on behalf of mister Robinson,
Speaker 1: who's seated to my right. Good morning, mister Robinson. Good morning.
Speaker 1: For the record. The Court also recognizes the presence of
Speaker 1: Miss Erica Kirk. Miss Kirk, good morning. First. With respect
Speaker 1: to the courtroom protocol to maintain security into quorum, any
Speaker 1: individual who exits the courtroom during proceedings will not be
Speaker 1: able to be permitted to re enter until the recess.
Speaker 1: All Council are expected to take reasonable measures to safeguard
Speaker 1: confidential communication. Such measures may include the use of screen
Speaker 1: protections on electronic devices and care to avoid in inadvertent
Speaker 1: capture of privileged or private discussion by recording equipment or
Speaker 1: by those present in the courtroom. In addition, the microphones
Speaker 1: at your table have been turned off again an attempt
Speaker 1: to try to minimize the possibility of any of the
Speaker 1: communication being captured. I ask that if you're speaking, that
Speaker 1: you come to the electron and that microphone will be live,
Speaker 1: and so that's the best way that we can hear
Speaker 1: you and it's captured for the record. All right. Second,
Speaker 1: the Court will address the camera operator and the court
Speaker 1: knows there is no still photographer for today's proceeding pursuant
Speaker 1: to the Court's ruling from last week to our cause, operator,
Speaker 1: would you please approach the lettern my microphone. There we go,
Speaker 1: now it's back on. Could just state your name for
Speaker 1: the record, the gentleman's name, John Wilson, KSL News. Judge Graff,
Speaker 1: mister Wilson, what duties will you perform today, mister Wilson
Speaker 1: shooting the preceding According to the Decora Mortar. Judge, all right,
Speaker 1: and have you had a chance to fully review the
Speaker 1: court standing Decora Mortar, John Wilson, I have, sir judge,
Speaker 1: all right, and you understand all the requirement set forth
Speaker 1: in that order as it applies to your activities today.
Speaker 1: Answer yes, sir the judge okay. Do you require additional
Speaker 1: time to review the order or to adjust the equipment
Speaker 1: to ensure compliance? Answer no, sir Judge. Do you anticipate
Speaker 1: any difficulty complying with the order or with any of
Speaker 1: the Court's instruction John Wilson, No, sir Judge. All right, Well,
Speaker 1: thank you, mister Wilson, I appreciate you being here. Next,
Speaker 1: turning to the amended motion to allow the use of
Speaker 1: portable electronic devices filed by the news media and their Council,
Speaker 1: the Court appreciates the arguments presented in the motion and
Speaker 1: recognizes the importance of the press in the criminal justice system.
Speaker 1: Having considered the motions before the Court, the request to
Speaker 1: permit representatives of the news media to use portable electronic
Speaker 1: devices during the prelim hearing is respectfully denied. The request
Speaker 1: to permit Council for the news media to use portable
Speaker 1: electronic devices during the prelim hearing is granted as officers
Speaker 1: of the Court. Council shall be held to the same
Speaker 1: standards applicable to the Council for all parties and comply
Speaker 1: with the Court standing to corum Order. I wish to
Speaker 1: turn the matter before us today the upcoming prelim hearing,
Speaker 1: and the Court is mindful of the safety and well
Speaker 1: being of all parties, Council witnesses, Court staff, and members
Speaker 1: of the public who are present. The Court is also
Speaker 1: mindful of the duty to protect and uphold the constitutional
Speaker 1: rights of both Miss Robinson and Miss Kirk. To serve
Speaker 1: those important interests, the Court reminds all persons who will
Speaker 1: be in attendance that the portable electronic device will not
Speaker 1: be permitted in the court room or on the fourth floor.
Speaker 1: In addition, each person who is in attendance will be
Speaker 1: afforded to dignity and respect due to them and pursuant
Speaker 1: to the standing the corem Order, All spectators shall be quiet,
Speaker 1: civil and orderly. Spectators shall not engage in any distracting, disruptive, provocative, disrespectful,
Speaker 1: oncivil or threatening behavior of any kind. Spectators shall not
Speaker 1: make any audible comments of any kind, shall not shake
Speaker 1: or nod their heads, shall not otherwise make any gesture
Speaker 1: during the hearing, and the Court recognizing that this hearing
Speaker 1: may invoke emotion from everyone, and that the Court understands
Speaker 1: the human nature of that, but also it's important that
Speaker 1: this court room is orderly. A spectator shall not wear
Speaker 1: display any pins, button, signs, clothing, or photographs expressing support
Speaker 1: for or against any person related to this case or
Speaker 1: the status of this case as a capital offense. Turning
Speaker 1: to council before we begin, I want to acknowledge that
Speaker 1: over these past ten months, I've had a chance to
Speaker 1: observe each of you, and I find that you are
Speaker 1: all confident, prepared, and that you care deeply about the case.
Speaker 1: I ask you to continue that conduct and to conduct
Speaker 1: yourselves in accordance with the rules governing professional conduct, civility,
Speaker 1: and ethics. I also ask you that you remain mindful
Speaker 1: of the constitutional rights of all parties in every engagement,
Speaker 1: and that you treat each person you engage with with
Speaker 1: the dignity and respect that they are inherently due as
Speaker 1: their human beings. I want to turn also to objections.
Speaker 1: The format that I wish to follow if objections are made.
Speaker 1: When an objection is made, all parties shall pause so
Speaker 1: the objection may be heard. Speaking objections are not permitted.
Speaker 1: If any party believes that an extended argument is necessary,
Speaker 1: particularly on sensitive matters, the party may request to approach
Speaker 1: the bench, and all parties will approach the bench. Both
Speaker 1: sides will be afforded an opportunity to be heard for
Speaker 1: or against the objection, after which I will issue a ruling,
Speaker 1: either sustaining or overruling the objection. Once the ruling has
Speaker 1: been made, Director cross examination may resume. I anticipate that
Speaker 1: will begin each morning at nine am, with the exception
Speaker 1: of Wednesday, and we will begin at one pm. We
Speaker 1: will take a fifteen minute morning break and a fifteen
Speaker 1: minute after noon break. If there is a situation that
Speaker 1: necessitates a break, please approach the bench and we can
Speaker 1: address that. We will recess for lunch at noon for
Speaker 1: one hour each day with the exception of Wednesday, and
Speaker 1: court will resume at one pm and continue until five
Speaker 1: pm each day. Does either party need the benefit of
Speaker 1: the record, Kathy Nestor Defense, know your honor, Judge Graff,
Speaker 1: Thank you, Miss Nestor. Chad Grunander, no Judge thank you,
Speaker 1: Judge Graf. Thank you, mister Grueneger. Do either party wish
Speaker 1: to invoke the exclusionary rule, Kathy Nestor, Defense invokes your honor,
Speaker 1: Judge Graf. All right, Defense has invoked the exclusionary rule.
Speaker 1: I asked that all witnesses, if present, be excused from
Speaker 1: the courtroom and ask that each party monitor the courtroom
Speaker 1: to ensure that your witnesses are not present, and I'm
Speaker 1: not familiar with who they are. Of course, victim representative
Speaker 1: is excluded from that rule, as is the case manager
Speaker 1: pursuant to the rules Baylift inaudible, Judge Graph okay, and
Speaker 1: I anticipate that from here on out that they're just
Speaker 1: going to come to the lectern. Okay. So just for
Speaker 1: the benefit of the record, the questions as or no questions.
Speaker 1: While the parties have entered their appearance and they're all present,
Speaker 1: and neither party wanted the benefit of the record, Miss
Speaker 1: Nestor invoked the exclusionary rule. And mister Grunander, if you'd
Speaker 1: like to approach the electern as the microphone at the
Speaker 1: table is not activated, Chad GRUNDI, thank you, Judge. Yeah,
Speaker 1: we anticipated that the defense would invoke the exclusionary rule.
Speaker 1: We consulted with the defense for just a couple of
Speaker 1: minutes prior to the start of the hearing. We essentially
Speaker 1: have two cases, agents your honor, David Hall and Brian Davis,
Speaker 1: both from the state of Utah. The defense is consented
Speaker 1: that both of them can be present. So one is
Speaker 1: seated at my table, the front table. This is Brian Davis,
Speaker 1: Agent Davis, and Agent Hall is seated on the bench
Speaker 1: just on the other side of the bar. He'll be
Speaker 1: present for the hearing as well. Both of these agents
Speaker 1: will be testifying as part of the hearing. Judge Graf,
Speaker 1: thank you, Miss Nestor. Your microphone's dead if you want
Speaker 1: to come forward. It sounds like you've stipulated, but just
Speaker 1: for the benefit of the record, Kathy Nester, we have
Speaker 1: stipulated your honor for the purpose of this hearing only.
Speaker 1: Judge Graff, thank you. All right, So Agent Davison Hull
Speaker 1: are permitted to remain in the courtroom during the duration
Speaker 1: of the prelim hearing. Any other business that we need
Speaker 1: to address before we turn to the business of witnesses.
Speaker 1: Mister Novak, Richard Novak for the defense, Thank you, Your honor,
Speaker 1: Richard Novak for mister Robinson, your honor. The court had
Speaker 1: issued an order maybe was early last week, asking the
Speaker 1: parties to meet and confer about the question of whether
Speaker 1: exhibits will be published. Than we did, and we can
Speaker 1: either deal with this as a general matter or we
Speaker 1: can deal with it on an exhibit by exhibit basis.
Speaker 1: But I just want to make sure that we didn't
Speaker 1: lose track of that issue. The Court had earlier entered
Speaker 1: in order granting in part the defense motion to exclude.
Speaker 1: I'm just going to say technology in the courtroom, because
Speaker 1: it's shorthand for video cameras and photography and microphones. Because
Speaker 1: the parties had earlier stipulated that none of the exhibits
Speaker 1: would be available from the prelim hearing, would be available
Speaker 1: for inspection or copying. I understand that publishing the exhibits
Speaker 1: in the courtroom may technically be different than that, But
Speaker 1: whenever the court's ready to deal with that issue, we
Speaker 1: just want to make sure that we do so, Judge
Speaker 1: graf An Auto Novak, before it's too late, Judge Graph,
Speaker 1: that's always the right time to do it. Novak, Okay,
Speaker 1: thank you, Judge Graph. Turning to the State, and in defense,
Speaker 1: do we anticipate this being a long argument or is
Speaker 1: it something that we can handle that there are some
Speaker 1: stipulations that we can address right now, and then the
Speaker 1: remainder we can address on an exhibit by exhibit basis,
Speaker 1: mister Grunander, Judge, I don't know that we have any stipulations.
Speaker 1: But with that said, it's correct, mister Novak's correct. We
Speaker 1: did meet and consult on the issue. I wanted to
Speaker 1: give the court just a brief roadmap, but part of
Speaker 1: that was Exhibit seven, eight nine that we propose introducing
Speaker 1: will be graphic in nature, and those were the exhibits
Speaker 1: I was referring to at the last hearing where we
Speaker 1: would like to take a short break before they were published,
Speaker 1: if they are published, whether it be by the way
Speaker 1: of video or audio. Judge, I don't see any TVs
Speaker 1: or monitors here in the courtroom today with respect to
Speaker 1: publishing something that would go beyond council table and your
Speaker 1: honor's beat. So I don't know how much of this
Speaker 1: is an issue or it's going to be anyway, at
Speaker 1: least with respect to pictures or video. Judge, graph thank you,
Speaker 1: and that's a great point. And the courts thought about
Speaker 1: this issue in regard to publication of exhibits. Obviously, the
Speaker 1: Court will entertain all motions before any but after considering it,
Speaker 1: here's the two points that I wish to address in
Speaker 1: regard to the exhibit. There is a benefit to publication
Speaker 1: of certain exhibits. But I also do not, and this
Speaker 1: is going to the camera operator, do not want them
Speaker 1: to be displayed on TV. I believe it's important that
Speaker 1: the parties know that the exhibits are being viewed by
Speaker 1: the judge in real time and an open court. However,
Speaker 1: what I will do is have the monitor placed against
Speaker 1: the wall to reduce the possibility of it being broadcast.
Speaker 1: And so on the exhibits that the Court grants to
Speaker 1: be published in court and not going to mister Novak's point,
Speaker 1: not to be given copies to. And the Court's trying
Speaker 1: to be mindful that if it's shown on TV, that's
Speaker 1: essentially giving copy to And so the Court is taking
Speaker 1: mister Noak's point into consideration. And so the anticipation is,
Speaker 1: and I know I'm catching staff a little bit off guard,
Speaker 1: is placing that television right behind jeff our bailiff to
Speaker 1: minimize the accidental capture by the camera and allowing it
Speaker 1: to be displayed. I recognize that this is not the
Speaker 1: ideal spot for viewing, but I'm also trying to balance
Speaker 1: the rights and important considerations that defense is made. And again,
Speaker 1: this will be on an exhibit by exhibit basis on
Speaker 1: what's published or what is not. But for the exhibits
Speaker 1: that the court rules can be published in open court,
Speaker 1: that's going to be the location of the monitor. And again,
Speaker 1: the court spent a bit of time weighing what should
Speaker 1: be done where the monitor should be placed to accomplish
Speaker 1: the purposes of publication at the same time protecting especially
Speaker 1: as it may relate to sensitive material if the Court
Speaker 1: deems that to be publishable in the court room. Any
Speaker 1: questions that I can address either side, or clarification needed,
Speaker 1: or thoughts that you wish to share, John Wilson, No,
Speaker 1: I think I understand completely. All right, folks, We're gonna
Speaker 1: wrap up episode one right here, and in the next
Speaker 1: episode dealing with the topic, we're gonna pick up where
Speaker 1: we left off. All the information that goes with this
Speaker 1: episode can be found in the description box.