The preliminary hearing for the man accused of fatally shooting conservative activist Charlie Kirk continued Wednesday afternoon, as defense lawyers challenged DNA evidence that prosecutors say ties the defendant to the alleged murder weapon. Prosecutors also disclosed that the suspect’s roommate received immunity in return for giving investigators recorded video statements about the case.
Prosecutors are seeking to persuade state District Judge Tony Graf that there is sufficient evidence for Tyler Robinson to stand trial on an aggravated murder charge. Once the hearing wraps up, which is expected Friday, Graf will decide whether the case moves forward — an outcome legal experts say is likely.
Robinson, 23, is charged with aggravated murder in the Sept. 10 assassination of Kirk on the campus of Utah Valley University. Prosecutors are pursuing the death penalty. Before his arrest in Kirk’s killing, Robinson had no criminal record.
Robinson has not entered a plea. His attorneys have not publicly addressed whether he is guilty or innocent, though they have attempted to have the death penalty removed as a possible punishment. Those efforts have not succeeded so far.
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Robinson’s roommate was given immunity in exchange for statements, state investigator says
During Wednesday’s hearing, State Bureau of Investigation Agent Brian Davis testified that Lance Twiggs was granted “use immunity” for his statements. That means prosecutors agreed not to use those statements against him in a criminal case.
Davis told the court that Twiggs’ April 20 interview was recorded and conducted instead of requiring the roommate to appear as a witness at the preliminary hearing.
Deputy Utah County Attorney Lauren Hunt said she anticipated an objection from the defense over the admission of the videotaped statements, and she outlined for the judge why she believed the evidence should be permitted.
Hunt also told the court that the defense had proposed several redactions at the last minute. She said editing a video is not a simple process and argued that any requested redactions should have been raised earlier.
Twiggs was interviewed twice as part of the investigation, Davis said Wednesday.
Two FBI agents were on hand for the first interview on Sept. 12, Davis told the judge. The second interview was April 20, Davis said, and he was one of several law enforcement agents and prosecutors present.
Deputy Utah County Attorney Lauren Hunt appeared to be laying a foundation Wednesday, seeking to get a recording of Twiggs’ statements introduced as evidence.
According to court documents filed by authorities last September, Robinson admitted in a text message with Twiggs on the day of the shooting that he had committed the crime.
At the time of the slaying, the two shared an apartment in St. George, a city in southwestern Utah.
Robinson’s roommate allegedly found a note under the keyboard of Robinson’s computer in the apartment that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it,” the court documents stated.
In the text exchange, when Twiggs asked Robinson if he was Kirk’s shooter, Robinson replied, “I am, I’m sorry,” the court documents stated.
Robinson’s roommate provided investigators with DNA sample
FBI analyst Amanda Bakker said after Robinson’s roommate provided a DNA sample for comparison, she was able to rerun her tests and attribute all of the DNA to two people.
Investigators found the towel and suspected murder weapon — a bolt-action rifle with one spent round — in a wooded area near where Kirk was shot.
DNA on the towel matched to two people, Jennifer Faumuina with the State Bureau of Investigation testified. One was Twiggs, and the other was very likely Robinson, she said.
Agent describes the night Robinson surrendered
State Bureau of Investigation Agent Brian Davis narrated a video clip from the Washington County Sheriff’s Office, where Tyler Robinson turned himself in the day after Charlie Kirk’s shooting.
Davis said at a preliminary court hearing Wednesday that the video clip shows Robinson standing in a room at the sheriff’s office. Robinson is wearing a T-shirt and a baseball cap.
Davis told Deputy Utah County Attorney Lauren Hunt that after Robinson and his parents were interviewed, Robinson was placed under arrest. Authorities previously said that Robinson’s father had recognized his son from surveillance photos of the shooting suspect and convinced his son to turn himself in.
Davis said he interviewed Robinson’s mother, and that other law enforcement officers interviewed Robinson and Robinson’s father. A family friend who came in with the Robinsons also was interviewed, Davis said in testimony.
The clip was one of several presented over days of hearing testimony to decide if the case should proceed to a trial.
Forensics expert describes DNA testing as “extremely reliable”
Forensics expert Lawrence Quarino said law enforcement agencies use “extremely reliable” tests to determine the probability a person matches with DNA found at a crime scene.
Quarino, a professor and director of the forensic science program at Cedar Crest College in Pennsylvania, called DNA testing “the gold standard” of forensic science.
A lawyer for Tyler Robinson on Tuesday questioned the reliability of DNA tests authorities said have linked him to the suspected murder weapon – a rifle found wrapped in a towel after Charlie Kirk was shot.
There are ways to challenge DNA evidence, Quarino noted. He said a defense attorney, for instance, could claim DNA material was transferred to a location by an intermediary who shook the hand of a suspect. But he said government labs that analyze DNA have strict quality controls and their science is sound.
Defense lawyer Michael Burt, however, sought to cast doubt on the analyst’s conclusions.
“She can’t match Mr. Robinson to the questioned samples,” Burt concluded.
Deputy Utah County Attorney Ryan McBride countered that the reliability of the DNA testing could be examined if the case goes to trial. He suggested the preliminary hearing was not the time to take up the matter.
“The point is there are explanations that are susceptible to different interpretations and arguments,” McBride said. “The court is going to determine if it meets the threshold of reliability at trial.”
Parents of both Kirk and Robinson attend preliminary hearing
Charlie Kirk’s parents arrived at the courthouse for the resumption of the preliminary hearing Wednesday.
Robert and Kathryn Kirk have attended every day of the preliminary hearing so far. Sometimes, however, they have left the courtroom to avoid hearing details about their son’s death.
A short while later, Tyler Robinson’s parents arrived at the courthouse. Matt and Amber Robinson have attended every day of the hearing so far, usually seated a row or two away from the Kirk family in the courtroom gallery.
