The preliminary hearing for the man charged with killing conservative activist Charlie Kirk resumed Wednesday afternoon, with defense attorneys questioning the reliability of DNA testing that prosecutors say links the defendant to the suspected murder weapon. Prosecutors also revealed that the suspect’s roommate was given immunity in exchange for providing recorded video statements to investigators about the case.
Prosecutors are trying to convince state District Judge Tony Graf that they have enough evidence to bring Tyler Robinson to trial on an aggravated murder charge. After the hearing concludes, which is expected to happen Friday, Graf must determine if the case should proceed, which experts say is likely.
Robinson, 23, is charged with aggravated murder in Kirk’s Sept. 10 assassination on the Utah Valley University campus, for which prosecutors are seeking the death penalty. Robinson had no prior criminal record before his arrest in Kirk’s shooting death.
Robinson has not yet entered a plea. His attorneys have not commented on his guilt or innocence. They have, however, sought to get the death penalty taken off the table, so far unsuccessfully.
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Robinson’s roommate was given immunity in exchange for statements, state investigator says
State Bureau of Investigation Agent Brian Davis said at Wednesday’s preliminary hearing that Lance Twiggs was given “use immunity” for Twiggs’ statements, meaning a prosecutor has agreed not to use those statements against someone in a criminal case.
Twiggs’ April 20 interview was conducted and recorded in lieu of bringing the roommate to the preliminary hearing as a witness, Davis told the court.
Deputy Utah County Attorney Lauren Hunt said she expected the defense team to object to the introduction of the videotaped statements in court, explaining to the judge when she thought the evidence should be allowed.
Hunt also said the defense team proposed multiple redactions at the last minute. But she said redacting a video is complicated and that the defense team should have requested redactions sooner if it had wanted them.
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.
Following negotiations between the two sides, an edited audio version of Twiggs’ interviews was expected to be played in court on Thursday, after they undergo redactions that were agreed upon by both prosecutors and Robinson’s defense.
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. In the video, Robinson is shown in a holding room after he surrendered in St. George on Sept. 12, less than 48 hours after Kirk’s killing.
In the video, Robinson looks to be wearing a burgundy T-shirt, jeans, Converse shoes and with a black cap. This was significant because surveillance video shown in court Tuesday of a man believed to be Robinson that was taken on the campus of Utah Valley University on the day of the shooting shows the man dressed in a burgundy T-shirt, jeans, Converse shoes and donning a black 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.
