Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 15) (9/12/26)

0:00What's up everyone and welcome back to the program. In this episode we're going to pick up where he left off with the Tyler Robinson prelim hearing day one. Judge Graff to the state if you'd like to play it again for me on viewing it as it relates to consideration as to the magistrate. Now the attorney for the media jumps in. Your honor, this sounds like an issue that's going to come up again. I represent the news media. Can I be heard on the issue? Judge Graff, yes. Question, I tried to be quiet. I wanted to address it now because it keeps coming up. It sounds like the classification rule that Ms. Nester is citing and that your honor was just reading is not about in court exhibits. That is classification for records in the court file. So it's a fundamentally different thing when we are in a public proceeding and the state's presenting an exhibit that you are relying on and the public's being denied the chance to see it. That's a fundamental violation of the right of access and it's a qualified right and I recognize that but that's not

1:00the ruling that you just made. You're just ruling based on the code of judicial administration which doesn't have anything to do with when someone or something is being presented in a public proceeding. So while I recognize that there are certain things where I understand that you were going to make an exhibit by exhibit evaluation based on certain exhibits that may cross the heavy threshold of being so prejudicial that they cannot be shown in public. That is not this. I just wanted to make clear that the things that are in the rule 202 are not when it's presented in open court as an exhibit for you to rely on. The public isn't titled to see what you're seeing so that they can understand that your decision making process is. And this one, it doesn't sound like this sounds pretty anundine to me. It's not even depicting the shooting. I just wanted to clarify that the classification issue about when we're filling things with the court or filing things with the court and we say this, maybe we file a motion to classify. That's not the decision that you're making today. The decision that you're making today is the state is presenting something to you.

2:04You're watching it. You're making a decision based on it and the people in the gallery have the right to see that. Whether you allow EMC of it, well that's a different question. Judge Graff, I see. Lawyer and we think that the EMC should be allowed to. For reasons that we briefed, but I do think that it at least should be published to the courtroom. Judge Graff, thank you. Attorney, thank you, Your Honor. Judge Graff to the parties. Do you wish to respond? Prosecution. State is fine. We'll submit it. Well, Judge, I'm sorry. Judge Graff, well, hold on, okay. We'll go to Miss Nester first. Miss Nester, no thank you, Your Honor. Now the prosecution jumps back in. The only other additional observation I'd make is with regard to the video and this video only, the state doesn't believe that the defense really has standing to make an argument on behalf of the victims in this case. Judge Graff, all right, all right, based on what's been presented and recognizing the argument from the media, I see the differentiation and the rule that was cited

3:07versus what was presented. So I'm going to go ahead and rule that this may be played in the courtroom, but not be captured on video. So to the camera operator, I just want to make sure that it's going to be playing on that, but I don't want to capture it. I appreciate the patience of the parties as we're going through the many layers that need to be addressed on exhibits such as these. So we'll go ahead once that's ready to be played, let's go ahead and do that. So they play the video, then they get back at it. Judge Graff, thank you, and that concludes the exhibit six. Prosecution, you may continue. Question, Agent Hall, did you or any other SBI Agent, collect additional video? Answer, yeah, there were other videos collected. Question, okay, what additional video did you collect? Answer a cell phone video from Mr. Phillips was collected. Question, okay, and do you know who or how that video was collected? Answer, yeah, Agent Shultz made contact with Mr. Phillips September 29th of 2025 and that video was provided to him. Subsequently,

4:09in preparation for proceedings today, myself and Agent Davis met with Mr. Phillips on April 6th, and he completed an 1102 and went through the same process as Miss Wright. The only difference being on this occasion that because he's a minor, his mother witnessed it and also signed the statement. Question, okay, so you personally reviewed Mr. Phillips video with Mr. Phillips, answer, correct. Question, okay, and you had him prepare a written statement? Answer, yes, correct. Question again, on this written statement, are there two different authors? Answer, yes, I believe, in this instance, it was myself that wrote the file name on the form. Question, what part of the statement did you write? Answer just the name of the file that we were asking Mr. Phillips to verify? Question, okay, I'm going to have exhibited on your screen what's been marked states exhibit 7.1 and this should just be for Agent Hall. Agent Hall, it's on my screen. Question, is it on your screen? Do you recognize what it is? Answer, I do, yes. Question, what is it? Answer, the state

5:13Bureau of Investigation 1102 form completed by Mr. Phillips. Question, okay, and did you gather that from Mr. Phillips? Answer, I did, yes. Question and again, does this statement include the advisory? That is going to be used in lieu of his testimony at Prelim? Answer, it does. Question, and does it also include a warning that he makes a, well, the author makes a false statement that it could be punishable by being charged with a class A misdemeanor? Answer, yes, it does. Question, okay, anything about this exhibit look different than the day you collected it? Answer, no. Question, judge, the state would seek to admit exhibit 7.1. Judge Graf, Ms. Nester? Cathy Nester, thank you, Your Honor. We would object to the admission on the grounds that this video does in fact show a close up view of the shooting of Mr. Kirk and grievous injuries in very stark relief. And because of that, we are particularly concerned about our constitutional claims we have made and our standing objection in terms of our ability to get a fair trial if it's published. And I think again, we have the same

6:16issue with the court being in a position where you're having to make reliability determinations without the opportunity for the individual. Also, I do think the fact that this is a minor that completed this form does not make it protected. He's also potentially a victim under the same theory that has been stated for Ms. Wright. And under the UCJAX for the same reason, the UCJA rules for the same reason, these should be protected in private court and they should protect private court records. And private means it shouldn't be played in court and it shouldn't be played to the public through the media. So we would object to its admission, we would object to its publication, and we would object to its filming. Thank you. Judge Graf, prosecution, any final response? Prosecution, Judge, let me address, well there's two things here. Let me address first the 1102 statement. Judge, I believe again that this statement was gathered in compliance with rule 1102-B8. Just double check. And the agent has explained that although Mr. Phillips is a minor,

7:17his mother was present, and that explains I believe he said the second signature on the form. With regard to publishing it, the 1102 statement, that is, Judge, we believe again, the presumption, is this is a public record, and that it should not only be admitted but published here in court. And also published so that the media can record it. Well, we do want to address the 1102, then we'll move on to the video. Judge Graf, all right, so we're staying focused on the 1102, any final response, Ms. Nester? Answer, no, Your Honor. Judge Graf, all right, thank you. As it relates to the 1102 statement and to the state representative who is displaying it, could you scroll down? I can only see the top half of this, all right, and just go to the very bottom, so I can look at the totality of it. This is 7.1, all right. Based off what's before me, on state's exhibit 7.1, I find that this is admissible under Rule 1102. And to the Utah Constitution, Article 1, Section 12, to that paragraph, I have referred to previously, and so it is admitted

8:21into evidence. And Mr. Sturgial, remind me, where you are requesting for it to be displayed, I'm again focusing on 7.1. Answer, right? 7.1, Judge, with regards to the video, we believe it's admissible. It's been authenticated properly. Judge Graf, hold on, hold on. I'm not talking about the video, I'm talking about 7.1. Prosecution, right? Oh, Judge Graf publishing it in the courtroom versus publishing it on to be captured by the media. Answer, by prosecution. Judge, the presumption is it's a court record. We believe in its redacted form. We believe it should be published in all three areas. Judge Graf, all right, Ms. Nester, any final thoughts? Kathy Nester, no, your honor. Judge Graf, all right, I'm going to go ahead and grant publishing of plaintiffs exhibit 7.1 court, and that the media may capture it. Let's go ahead and do so. So they get it up, now it's admitted. Back to the questioning. Prosecution. All right, have you personally watched Mr. Phillips video?

9:27Answer, yes I have. Question and what does it depict? Answer, it's a graphic video. Mr. Phillips was positioned towards the front of the crowd, and it does depict the moment that Mr. Kirk is shot. Question, okay, and independent of the 1102 statement prepared by Mr. Phillips, you watching that video, do you recognize at least the location of the video? Answer, I do. It's consistent with the event that Mr. Kirk was presenting at UVU on September 10th, 2025. Question, okay, Judge, at this point the state would move to admit what's been marked state's exhibit number 7. We would simply ask that it be admitted. We would ask, however, that it not be published beyond that. Judge Graf, Ms. Nester. So as to the admission, the same issue is that we raised to the 1102. We would raise as to the difficulty of authenticating when the individual is not here present and all the same concerns that we raised about the 1102 itself here on our Judge Graf, thank you. All right, Kathy Nester, I'm sorry

10:28may I add one more I apologize. Judge Graf, you may, Kathy Nester, and also under Rule 403, we think it's more prejudicial than probative and we would raise it for that reason as well. Judge Graf, prosecution, any final response? Prosecution, no, Your Honor. Judge Graf, all right, and this exhibit is exhibit 7, is that correct? Answer by the prosecution 7 correct, exhibit 7, Judge, Judge Graf. All right, I'll admit exhibit 7 into evidence based off the foundation that's laid. The 1102 is tied directly to this and for admission purposes, it's admitted. I'm not going to authorize publication in the courtroom or obviously through media, but I will have it played on my screen. And so I view it, and I just want to make sure and please counsel, given the graphic nature of it, please guard your screens because I believe we should all be viewing this. This evidence and I want to make sure that you all are seeing what I see to ensure that it's accurate and it's a fair representation of the exhibit

11:29that you're familiar with. So whatever you need to do, I'll give you a moment. And if you could, just give me a thumbs up if you're ready to proceed. Again, I want to act in a way that is dignified and respecting the rights of all persons. And for those reasons, I just want to make sure that we're safeguarding to ensure this is not captured. All right, to the defense. Ready to proceed? All right, folks, we're going to wrap up right here and in the next episode we're going to pick up with Kathy Nesker. Yes, Your Honor. All the information that goes with this episode can be found in the description box.