
Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 19) (9/15/26)
About this episode
The defense spent much of the first day attacking the manner in which the prosecution was getting its evidence into the record rather than attempting to disprove the entire prosecution theory at that stage. Kathryn Nester and Robinson’s attorneys repeatedly raised hearsay, foundation and authentication objections, arguing that investigators were being permitted to introduce reports, statements and records created by other people without those individuals appearing personally to testify. Judge Graf overruled most of those objections, reflecting the substantially lower evidentiary threshold governing a Utah preliminary hearing, whose purpose was only to determine whether probable cause existed to send Robinson to trial rather than whether prosecutors could prove guilt beyond a reasonable doubt. One significant exception involved an edited compilation of surveillance footage, which Graf declined to admit in that form and required prosecutors to replace with the underlying unedited material. Hull’s testimony also revealed the scope of the prosecution’s surveillance theory: investigators claimed Robinson had appeared on or around the UVU campus multiple times on September 10 and that they were attempting to stitch those appearances together into a continuous identification of the alleged shooter. By the end of day one, prosecutors had established the killing itself, the medical cause of Kirk’s death, the existence and authenticity of substantial video evidence and the beginnings of their effort to identify Robinson as the person captured in that footage. They had not yet presented many of the pieces expected to become more consequential later in the hearing, including the rifle and DNA evidence, Robinson’s alleged communications and admissions, and testimony concerning his roommate Lance Twiggs.
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The Epstein Chronicles — Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 19) (9/15/26). Machine-transcribed; use the interactive transcript above to jump the player to any line.
Dave Roberts here. There you are surrounded by fans, sharing wings, sharing drinks, high-fiving random strangers. Everybody remembers the game. Nobody remembers the guy coughing behind you until a few days later. At 2am, you wake up with the fever and your throats on fire. Now what? Urgent care? Close. ER? Slam. Telehealth? Maybe. But the pharmacy's closed. You needed a medical emergency kit. These aren't first aid kits. They contain essential prescriptions, use for over 30 common conditions, sinus and ear infection, UTIs, stomach bug, travelers diarrhea and more. On hand before you need them. Use your doctor-developed guidebook to select the right prescription or call their telemedicine doctor standing by. It's like an urgent care and drugstore at home. When you're sick, traveling or stranded, you'll wish you ordered a medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcarekit.com slash blue. That's promo code blue at urgentcarekit.com slash blue.
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by fans, sharing wings, sharing drinks, high-fiving random strangers. Everybody remembers the game. Nobody remembers the guy coughing behind you until a few days later. At 2 a.m., you wake up with the fever and your throats on fire. Now what? Urgent care, close. ER, slam, telehealth, maybe, but the pharmacy's close. You needed a medical emergency kit. These aren't first aid kits. They contain essential prescriptions used for over 30 common conditions, sinus and ear infection, UTIs, stomach bug, travelers diarrhea and more. On hand before you need them. Use your doctor-developed guidebook to select the right prescription or call their telemedicine doctor standing by. It's like an urgent care and drugstore at home. When you're sick, traveling or stranded, you'll wish you ordered a medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcarekit.com slash blue. That's promo code blue at urgentcarekit.com slash blue. What's up everyone and welcome back to
the program. In this episode, we're going to pick up where we left off with the Tyler Robinson prelim hearing day one. And we're picking back up with the prosecution asking questions. Question. All right. Well, with Tyler Robinson's personal information, were you able to expand your search at all? Answer. Yeah. Once we knew a vehicle that we were looking for and we had the actual image of the individual, then we were able to use that video footage to try to track that specific individual question. Okay. And I'm sorry. Let me clarify. So when I said expand your search, I'm referencing the UVU surveillance video. Answer. Yeah, we were able to question. Okay. And were you able to identify in that expanded search or did you believe you located that challenger answer? Yes. Yes. We did question. Okay. Were you able to determine at what time or times Mr. Robinson visited the UVU campus on September 10th? Answer. Yeah. We were able to establish that Mr. Robinson had been on campus. Approximately four times throughout the day twice before the shooting, the time of the shooting,
and then after the shooting later in the evening into the early hours of the 11th. Question. Okay. Did you do the same thing with that vehicle? Answer. We did. Yes. Question. Okay. Tracked it forward and backward. Answer. Yeah. Using the UVU footage and additional information that was obtained. Yes. Question. And I believe you said in total, Mr. Robinson visited the UVU campus four times that day. Answer. That's correct. Question. And let's just be clear. That's all based on UVU surveillance video. Is that fair to say? Answer. Yes. Correct. That is question. Okay. Have you reviewed what's been Mark's state exhibit 12.1 for identification? Answer. I have. Yes. Question. Okay. And before we go there, of the video that you've personally watched does the video include the 10th and the 11th or just the 10th? Question. The video that I've seen includes the 10th and then a very small portion. I think about 30 seconds of the 11th. Question. Okay. And I think you said
initially you watched about 20 hours of video. Answer. Yeah. Question. Okay. Since that time, have you watched additional video? Answer. Yes. Question. UVU surveillance video. Answer. Yes. Question. Okay. And who provided the UVU surveillance video to you? Answer. It was part of the collection of videos that was provided by Mr. Olsen and his team and that we already discussed previously. Question. Okay. Of all the hours of video that you watched, do you have an idea of how many hours include Mr. Robinson or his vehicle? Answer. Just with UVU or answer. Question. Just with UVU. I'm sorry. Answer. Just with UVU would probably be about 16 hours. Question. And let's be clear. This is someone you believe to be Tyler Robinson. Answer. Correct. Question. Okay. And this person that you identified as Tyler Robinson, that you've been investigating and that you viewed in numerous hours of video from UVU, would you recognize that person if you
were in the courtroom today? Answer. Yes. Question. Is he in the courtroom today? Answer. Yes he is. Question. Would you point him out and describe something that he's wearing? Kathy Nester jumps in. Your Honor, we object to Unduly's suggestive in court identification for a constitutional grounds. Judge Graf, do you wish to specify an Unduly constitutional? I'm trying to understand your objection. So I want to make sure I fully understand. Kathy Nester, your Honor, I think there's some, and I'll defer to Mr. Bird if he wants to jump in. But I believe that there's a long line of case law that says, and you ask someone to identify the defendant when they're the only person sitting at the table with defense counsel. And that's Unduly's suggestive and taints any future or past, well, definitely future identification. So we object to that happening in this fashion at this time. Prosecution. Judge. Agent Holis testified that he's watched numerous hours of video. Well, take a step back.
He's looked at personal identifying information of an individual by the name of Tyler Robinson. He's looked at the driver's license record. He's looked at the DMV records. And he's able to determine what car that person drives. He's also looked at surveillance video that he believes to picks this Tyler Robinson. And I've simply asked him if that person that he has seen both in driver's license photos and the surveillance video, if that person is here in the courtroom today. I don't know that that's Unduly prejudicial or suggestive. It's the routine. I don't know if any other way to do it other than the way I just did, judge. Judge Graff, well, I wanted to verify the format of the question. I remember it in my mind, but to Miss Nester, was that an accurate portrayal of the question that was asked? Miss Nester, yes. Judge Graff, okay. Prosecution any further, anything further, before I issue my ruling? Prosecution? No. Other than judge, I believe it's worth noting that Mr. Robinson is in plain close.
Judge Graff, counsel, please approach the bench. All right, based off what's been presented in court, I'm not finding that this particular question as previously opposed as suggestive. I find for the purpose of this hearing only that in court identification by Agent Hall of Mr. Robinson has been made. Again, this only relates to the prelim hearing, and you may proceed. Prosecution, thank you, judge. Agent Hall, have you reviewed what's been marked state exhibit 12.2 for identification? Answer I have, yes. Question, and where did you review that video? Answer, it was provided to me. I reviewed it on my computer in my office. Question, okay. And is that the first time that you've seen this particular video footage? Answer, this particular version of the footage, yes. Question, okay. So this particular version, the first time, but have you seen the video that comprises, I guess, exhibit 12.1? Answer, I've seen the original video if that's your question, yes.
Question, so what is state exhibit 12.1? How would you describe it? Answer, I would describe it as a compilation of the video that we obtained from Utah Valley University during the course of the investigation that depicts the movement of the individual, I believe, to be Mr. Robinson, moving around the campus on September 10th, 2025, into the morning of September 11th, 2025. Question, did you prepare this video compilation? Answer, I did not. Question, okay. Do you know who did? Answer, yeah. Utah County's attorney's office, I believe, Ms. Dürflor is the one who produced a video. Question, okay. Do you know Ms. Dürflor's first name? Answer, Kimberly. Question, okay. What if anything did you do to authenticate the video in the compilation? Answer, I reviewed the video to make sure that it was a reflection of what I understood the original videos to show. Question, okay. What if anything else did you do? Answer, I reviewed it. I know that there were some zones and some changes to the footage. Question, okay. Did you meet with
Mr. Olsen with regard to the particular video? Answer, yeah. This video was also a part of the original meeting with Mr. Olsen for the prior exhibit, yes. Question, okay. So at the same time, you sat down with Mr. Olsen and discussed the prior exhibit. And let's just be clear, which exhibit that is? So I believe the, well, the 1102 statement that you gathered from him is exhibit 12.3, is that correct? Answer, yes. Question, okay. So at the same time that you gathered that 12.3 or that written statement, that is state exhibit 12.3, you talked to him about the specific exhibit as well. Answer, yeah. Mr. Olsen, which on the exhibit? Question, okay. And did he include that in the 1102 statement? Answer, yeah. I believe specifically referenced the exhibit by name, stating that it was a true reflection of the footage from the campus. Question, and let's just go back to what you were stating earlier. To you, it appears to be a compilation of videos that you've already seen. Answer, correct.
Question that you received as a mass dump. I guess for the lack of a better term, if you view video, is that fair to say? Answer, yeah. Question, okay. And the exhibit 12.1, does it appear to be the same as the raw video that you saw previously? Answer, it does, yes. Question, okay. Are there some minor? Are there any additions or anything different about the particular exhibit? Dave Roberts here. There you are surrounded by fans, sharing wings, sharing drinks, high-fiving random strangers. Everybody remembers the game. Nobody remembers the guy coughing behind you until a few days later. At 2 a.m., you wake up with the fever and your throats on fire. Now what? Urgent care, clothes, ER, slam, telehealth, maybe, but the pharmacies close. You needed a medical emergency kit. These aren't first aid kits. They contain essential prescriptions used for over 30 common conditions, sinus and ear infection, UTI, stomach bug, travelers diarrhea, and more. On hand before you need them. Use your doctor-developed guidebook to select the right prescription or call their telemedicine
doctor standing by. It's like an urgent care and drugstore at home. When you're sick, traveling, or stranded, you'll wish you ordered a medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcarekit.com slash blue. That's promo code blue at urgentcarekit.com slash blue. Answer, there are some portions of the video where a zoom is initiated, which wasn't a function of the camera. I believe some specific individuals have been blurred from the footage, and I believe there are some red circles to show point in information or individuals within the footage itself. Question okay, so other than the red circles, the blur and the zoom, does it appear to accurately depict what you've seen in the raw video footage? Answer, I believe so, yes, question okay on your screen. I'm going to have displayed an image. Let me know when you see it. Answer, the image is there now. It's gone again. Question is it there? Answer, we're back, yeah. Question okay, we're back. So do you recognize what
this is? Answer, yeah, this is the first frame of the video compilation that we just referenced. Question okay, and again, this video portrays what you believe is Mr. Robinson visiting campus that day. Answer, correct. Question okay, and is it throughout the day? Answer, it is. Question and then you believe you said into the early morning hours to the 11th is that right? Answer correct. Question okay, judge, the state would move to admit what's been marked state exhibit 12.1. Judge Graf, Ms. Nester, Kathy Nester, your honor, we have objections to its admissibility. This is a compilation video that was put together from a bunch of different sources by the county attorney's office. This individual did not create the compilation, cannot testify to the accuracy or the actual material that it's taken from. And furthermore, Mr. Olsen himself, is just referred to by Edgen Hall. He specifically says people have altered these recordings. They've zoomed in. When the actual recording is ensumed, they've added little circles to people
they want you to pay attention to. They've blurred people's faces out. So I mean it's been clearly altered. I mean they admit it's been altered. So we have real concern about authenticity of it. Furthermore, this particular video should be protected and so that deals with the admissibility factor. As far as the publication factor of it, the video should be classified as protected under UCJA4-202.0. Go to 4-202 subsection 5J as in jelly bean and then little i and little double i because this is going to interfere with the defense ongoing investigation with Mr. Tyler's ability. I mean Mr. Robinson's ability to get a fair trial. This is basically putting together photos that are clear with photos that aren't clear, putting them all together in such a format that makes the case that it's all one person. It would be extremely prejudicial for people that may ultimately serve on this jury to watch this video before the case goes to trial. We don't believe proper foundations been laid, which would make it admissible at this point. So the fact that
it would be shown to the public would be extremely damaging to the ability to put on a defense at trial. And so we object to its publication both in the courtroom and to the media, your honor. Judge Graff prosecution. Judge Miss Nester is correct. This is a compilation of a series of videos. The video as Sergeant Hall has testified to is a compilation of raw videos that he has received from Utah Valley University. And he has not seen this video, but he has seen all the raw footage. And by his estimation, or according to his testimony, these are all videos that are accurate and they depict what the raw footage depicts other than those minor additions. Judge, if you refer to Mr. Olsen's written statement, it's plaintive exhibit 12.3. He too has reviewed the video. And he has also identified this video as being accurate with the exception of those additions. In his words, it's the zooms and the red highlights. They weren't part of the original video, according to Mr. Olsen, but other than that, he states, the same as Agent Hall, these videos
are accurate. And they were captured by UVU surveillance video. Judge Graff, do you have a version of this video that does not have alterations such as zooming or circling? My concern is that the 1102 says what it says about these videos. These were the videos. But then it was altered. And typically an exhibit, which has been altered, and if it wasn't done by the person who supplied the 1102, that can become problematic. And so do you have a version of this exhibit that does not have the zooming in or the circling? Again, I don't know all the alterations that were made, but it seems to fall outside 1102. Because you don't have a person testifying 1102 saying, I made these alterations. And so that's the concern of what Ms. Nester was talking about, as it relates to the state's evidence. I have that concern about those alterations. Again, I don't know when they were made. What they were made, how much was done to manipulate the video. And as I say, manipulate to, not saying, it in a nefarious way, but I don't know what the scope
of what of that is, and how much it deviates from what the original form. Prosecution, while judge, to answer your first question, do we have a version of this particular video that has not been altered? We don't, not right now, not today. I guess there's a, well, there's a couple of things. I'd simply like to point out, judge, and that is that we have two witnesses who watch for their all footage. And Agent Holt, here today on the stand, and Mr. Olsen, in the form of his written statement, they have both said that this video with the exception of these alterations, accurately depicts the video that was captured by UVU surveillance video. Judge, I will proper that those changes made to the video were not done by either. I know who that person is, we could actually call that person as a witness if that would cure that, and were prepared to do that if necessary. But judge, I think that our burden is to simply authenticate what this is. And it's a video that, with only a few exceptions, alterations that really don't change the substance of the video or the content of the video, they're accurate. They depict what the
cameras captured on September 10th and the 11th. And we have two people who have seen that raw footage, and they've explained that they're the only difference between what we originally have and the original videos and what you're seeing today. And in the editions, I will submit judge, we're only added to make it easier to view. Judge Graff, all right, anything further from the parties? Ms. Nestor, no, prosecution, no, judge, all right, I'm sustaining the objection. Typically, when exhibits are admitted to the court, it's without alteration. If a party circles and exhibit a photograph, that's not the original format. And I don't have the person who made the alteration and 1102 substantiate that. And what I have is the original video. And Mr. Olson saying, this is the video minus the alterations, and we have Agent Olseng, this is the video, and there are alterations. But I'm missing a link. And it may be minor, but in this type of case, I want to be and I want to make sure what is minor is still important. And for that reason, I'm going to
to sustain the objection, leave it to the parties on how you wish to handle the video. And in the future, I don't want to provide guidance either way. But as it stands today, this exhibit states exhibit 12.1 is not admitted. Prosecution, okay, judge, could I just have a moment? Judge Graff, you may. All right, folks, we're going to wrap up right here. And in the next episode dealing with the topic, we're going to pick up where we left off. All the information that goes with this episode can be found in the description box.
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