Bannon's War Room - July 07, 2026


Episode 5498： Day 2 Of The Charlie Kirk Assassination Trial


Episode Stats


Length

1 hour and 6 minutes

Words per minute

136.33

Word count

9,012

Sentence count

587


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

Transcript

Transcript generated with Whisper (turbo).
00:00:00.000 This is the primal scream of a dying regime.
00:00:07.000 Pray for our enemies.
00:00:09.000 Because we're going medieval on these people.
00:00:12.000 Here's one time I got a free shot at all these networks lying about the people.
00:00:17.000 The people have had a belly full of it.
00:00:19.000 I know you don't like hearing that.
00:00:20.000 I know you try to do everything in the world to stop that,
00:00:22.000 but you're not going to stop it.
00:00:23.000 It's going to happen.
00:00:24.000 And where do people like that go to share the big lie?
00:00:27.000 Mega Media.
00:00:29.000 i wish in my soul i wish that any of these people had a conscience ask yourself what is my task and
00:00:36.760 what is my purpose if that answer is to save my country this country will be saved war room
00:00:45.480 here's your host stephen k bann
00:00:53.080 okay and by the way it's in provo not salt lake city um it's uh 7 july in the year of
00:00:58.280 Overlord 2026. Like I said, you've got to pay attention to this. This is Charlie. We owe this
00:01:05.220 to Charlie. So very important. And if you're skeptical, be skeptical. I mean, this is at the
00:01:11.380 end of the week. I wanted to somehow take a poll of the chat in the war and posse because you're
00:01:17.340 the most important group out there as far as putting elbow grease and putting muscle of things
00:01:23.800 that that matter you can't believe the calls i get every uh every day about people hey we need
00:01:28.920 help here we need help there and we try to curate it and and you know send you guys where it is
00:01:33.720 anyway it's going to start momentarily they got a slate up right now um let me do i have the uh
00:01:38.860 do i have the denver do i have it i i i can direct and i can direct and be the talent
00:01:44.400 no i'd go to i'd go to these uh events and people come up to me and say we love the show
00:01:53.120 the show is amazing but can you please quit beating up on on denver and they thought it
00:01:58.340 was a person i said no it's it's an entity they said we don't care they're good boys they do a
00:02:04.700 good job you're tossing to them all the time they're bringing stuff in so let's go ahead
00:02:09.440 mike lindell by the way mike lindell's had a little throat issue as you know over the last
00:02:13.320 couple years that's happened of course he's on the campaign trail and you know lindell you can't
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00:03:36.620 of the courtroom at Provo, Utah, is about to start.
00:03:40.620 ...on electronic devices.
00:03:44.620 All right, is the audio working?
00:03:48.620 Sorry, Judge, the WebEx audio is not working.
00:03:52.620 All right, let's just take a brief moment.
00:04:00.620 And just let me know when
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00:10:40.380 is it working
00:10:49.240 can you send them a link to the
00:10:54.860 where this is being streamed so they have something to look at
00:10:59.700 I see, alright
00:11:02.900 alright, let's go ahead and continue
00:11:05.760 And let me repeat it. Just because the audio may have cut out, all counsel are expected
00:11:12.880 to take reasonable measures to safeguard confidential communication. Such measures may include
00:11:17.940 the use of screen protections on electronic devices and care to avoid the inadvertent
00:11:22.720 capture of privileged or private discussions by recording equipment or by those present
00:11:28.100 in the courtroom. Second, the court will address the camera operator and still photographer
00:11:35.100 And I will invite you to come forward.
00:11:49.800 All right.
00:11:50.920 Today's, the purpose of this is to ensure clarity regarding the expectations governing today's proceedings.
00:11:57.560 Could you both state your name for the record?
00:11:59.940 Yes, Trent Nelson with the Salt Lake Tribune as the pool steel photographer.
00:12:04.180 John Wilson from KSL Television, video photographer.
00:12:07.040 Good morning to you both.
00:12:08.620 Have you reviewed the court's standing decorum order?
00:12:11.660 Yes, Your Honor.
00:12:12.280 Yes.
00:12:12.980 Do you understand the requirements set forth in that order as they apply to your activities today?
00:12:17.460 Yes.
00:12:18.080 Yes.
00:12:18.340 Do you require additional time to review the order or to adjust equipment to ensure compliance?
00:12:24.080 No.
00:12:24.520 No.
00:12:24.980 Okay.
00:12:25.700 Do you anticipate any difficulty complying with the order or with the court's instructions?
00:12:30.980 No.
00:12:31.300 All right. Well, thank you. I appreciate your cooperation today.
00:12:42.860 As we begin this morning, the court wishes to acknowledge the importance of the safety,
00:12:47.260 dignity, and well-being of all those who are present or who may be present during these
00:12:52.780 proceedings, including the parties, counsel, witnesses, court staff, and members of the public.
00:12:58.220 The court is also mindful of its solemn obligation to protect and uphold the constitutional rights of both Mr. Robinson and Ms. Kirk.
00:13:07.880 In furtherance of those important interests, all persons attending these proceedings are reminded that portable electronic devices are not permitted in the courtroom or on the fourth floor.
00:13:19.060 The court also expects every person in attendance will be treated with the dignity and respect to which they are entitled.
00:13:25.560 consistent with the court standing to quorum order all spectators shall remain quiet civil
00:13:32.020 and orderly during all times spectators shall not engage in conduct that is distracting
00:13:38.320 disruptive provocative disrespectful uncivil or threatening in any manner spectators shall not
00:13:46.220 make audible comments of any kind shall not shake or nod their heads and shall not make gestures or
00:13:52.280 other visible reactions during today's hearing. Spectators shall also not wear or display pins,
00:13:59.240 buttons, signs, clothing, photographs, or other items expressing support for or opposing to any
00:14:07.440 person connected with this case or expressing any position concerning the status of this case
00:14:12.680 as a capital offense. The court appreciates the cooperation of all present in maintaining a
00:14:19.460 courtroom environment that is safe, respectful, orderly, and faithful to the rights and dignity
00:14:24.840 of every person involved. Turning now to counsel. Before we begin, I wish to acknowledge the
00:14:31.520 professionalism, civility, and competence demonstrated by counsel for both the defense
00:14:36.820 and prosecution during yesterday's proceedings. It is evident to the court that each of you
00:14:42.160 approach this matter with seriousness, preparation, and a deep commitment to your
00:14:47.380 respected responsibilities. The court appreciates the care which you have taken in advocating for
00:14:53.600 your positions and the respectful manner in which you have done so. Thank you. Do either party require
00:15:00.080 the benefit of the record before we proceed? The state does. Your Honor, Mr. McBride will address
00:15:05.460 the court. All right. And just as a reminder, the microphones at council table are turned off to
00:15:10.400 prevent the inadvertent capture of any communication. So if you would like to come forward, thank you.
00:15:15.780 and turning to Mr. McBride. Thank you, Your Honor. Before this hearing, the defense moved to
00:15:21.380 find Article 1, Section 12 of the Utah Constitution, Rule 7b, and Rule 1102
00:15:28.160 unconstitutional as it relates to the admissibility of hearsay and reliable hearsay at this hearing.
00:15:34.420 The issue was extensively briefed and argued. The court denied the defense motion to exclude
00:15:39.920 the use of reliable hearsay at the preliminary hearing. That ruling is at docket number 631.
00:15:45.780 In addition, defense counsel filed a standing objection on July 3rd, that's docket 678.
00:15:52.820 The standing objection reasserted the arguments made in defendant's previous motion.
00:15:58.440 Defendant continues to make these same objections throughout the testimony of each witness.
00:16:03.040 I believe both the state and the court and everyone present knows that the defense objects to the use of hearsay or reliable hearsay at this hearing.
00:16:10.780 On the point of preserving the objection, that has been done.
00:16:14.300 defense counsel has filed their motion they filed their standing objection
00:16:18.340 throughout the proceeding they have continued to make objections at this
00:16:21.740 point further objection is unnecessary to preserve the record and causes undue
00:16:27.180 and unnecessary delay this is needless delay and we'd ask the court to
00:16:33.200 acknowledge and the record to reflect the standing objection and we also ask
00:16:37.740 the court to give an instruction the continuing objections on this ground are
00:16:40.960 unnecessary. Of course, if it relates to some other ground or is some item that's particular
00:16:46.220 to a particular statement, that objection may be appropriate. But at this point, we
00:16:50.540 feel that the repeated objections that have been made and already been ruled upon are
00:16:55.380 unnecessary and cause undue delay.
00:16:57.280 Thank you, Mr. McBride.
00:16:58.640 To defense.
00:17:06.140 Good morning, Your Honor. Michael Burt for Mr. Robinson.
00:17:09.220 We have no objection to that procedure.
00:17:11.400 As long as the court makes a ruling that the objections are preserved,
00:17:14.500 we do think it would expedite matters if we didn't have to repeat the standing objection.
00:17:20.260 There may be particular objections that are not covered by the standing objection we've made,
00:17:26.460 and so we ask permission to be allowed to make those objections as needed.
00:17:31.880 Thank you, Mr. Burt.
00:17:33.760 Thank you to both sides.
00:17:35.100 I appreciate the presentation and your argument about this.
00:17:39.260 The court takes no position in regards to whether the objection is made again and again or not.
00:17:45.280 I leave that to the parties.
00:17:47.460 I recognize the need to expedite this, and if both sides stipulate,
00:17:51.820 I will adopt the request that the standing objection as it relates to 1102,
00:17:57.900 Article I, Section 12 of the Utah Constitution,
00:18:01.060 and all relevant authorities that have been cited have been noted
00:18:07.760 and the standing objection by defense is in place.
00:18:11.700 However, if defense feels the need to do that in order to protect the constitutional rights of Mr. Robinson,
00:18:19.580 the court will not prevent that nor stand in its way.
00:18:22.160 This court is acting in the role of a magistrate
00:18:26.960 and will allow the parties to move forward as necessary.
00:18:32.220 But as noted, I will make that note that the standing objection has been noted
00:18:37.340 for all of the yesterday's proceedings
00:18:43.160 and will be in place throughout the rest of the preliminary hearing.
00:18:48.380 Anything further or any need for the record given the court's statement?
00:18:54.280 Not from the state.
00:18:55.360 No, Your Honor.
00:18:55.860 All right. Thank you.
00:18:56.960 all right the court acknowledges that the exclusionary rule is in effect at this time
00:19:02.940 any witness who is subject to exclusion should be excused from the courtroom and again i will
00:19:08.660 leave it to the parties to monitor the courtroom to ensure that if a witness has come in and they
00:19:14.580 shouldn't be that they are redirected i invite agent hole to return to the stand
00:19:20.020 to resume direct examination and agent hole you are still under oath
00:19:26.060 Mr. Sturgill.
00:19:29.320 Thank you, Judge.
00:19:30.420 And before we begin, is there a way to dim these lights just a tad like we did yesterday?
00:19:42.320 Perfect.
00:19:43.040 Thank you.
00:19:44.560 All right.
00:19:45.060 As of yesterday, there is also a water bottle to your left.
00:19:49.780 And if you wouldn't mind just making sure that microphone is directly in front of you,
00:19:54.200 We want to make sure that the record picks up your testimony today.
00:19:58.760 Mr. Sturgill, your witness.
00:20:01.160 Thank you, Judge.
00:20:03.520 Agent Hull, we're going to return to what has been marked Stake's Exhibit 12.1.
00:20:11.080 There was reference to it yesterday.
00:20:13.320 And I'd like to ask you again, have you reviewed that exhibit?
00:20:17.200 Yes.
00:20:18.020 And if you wouldn't mind, just briefly remind us what that exhibit consists of.
00:20:24.200 that's that's what I hear so let's go ahead and stop I I'm not hearing it so
00:20:40.060 let's I'm gonna have your repeat let's test it go ahead check all right I
00:20:45.140 believe that thank you mr. Sturgill if you wouldn't mind restarting I can do
00:20:48.420 that judge thank you maybe bring a mic from the base a little bit closer to you
00:20:52.520 All right, let's go ahead and go back to what's been marked as State's Exhibit 12.1.
00:21:00.360 I'd asked you a moment ago if you'd reviewed that exhibit.
00:21:03.960 Yes, I have.
00:21:04.860 Okay.
00:21:05.640 And would you just remind us what that exhibit consists of?
00:21:10.380 It's a compilation of videos that were part of the overall footage that was obtained from the Utah Valley University as part of the investigation.
00:21:18.960 And does that compilation video, from your point of view,
00:21:24.700 capture Mr. Robinson arriving to and visiting the UVU campus?
00:21:28.340 It does, yes.
00:21:29.300 On September 10th through the 11th, 2025?
00:21:32.580 Correct.
00:21:33.440 And again, I asked you this question yesterday, but did you prepare that video compilation?
00:21:38.280 I did not.
00:21:38.980 Okay, do you know who did?
00:21:40.860 The Utah County Attorney's Office.
00:21:42.940 Does that video, and I'm referring to 12.1 exhibit, State's Exhibit 12.1, does it include all of the footage collected by the SBI from UVU?
00:21:57.140 It does not, no.
00:21:58.440 Does that video, again, 12.1, include all of the footage you collected from UVU that captures who you believe is Mr. Robinson walking around campus?
00:22:08.680 Not all of the footage, no.
00:22:09.940 You reviewed this compilation with Mr. Olson, correct?
00:22:14.780 Correct.
00:22:16.240 And in its entirety?
00:22:18.520 Yes.
00:22:19.960 And he actually, and then you collected an 1102 statement from him?
00:22:25.840 I did, yes.
00:22:26.820 And I believe that has actually been admitted into evidence, States Exhibit 12.3.
00:22:34.120 Did Mr. Olson refer to that exhibit, 12.1, in his statement?
00:22:39.940 He did, yes.
00:22:40.660 Okay.
00:22:45.840 I'm going to put on your monitor State's Exhibit 12.3,
00:22:49.380 and I ask that you scroll down towards the very bottom.
00:22:55.060 And I would ask that you read from the statement
00:22:57.580 specifically what Mr. Olson said about State's Exhibit 12.1.
00:23:02.940 And I want to narrow your focus,
00:23:04.780 so I'm going to draw your attention about three-quarters down the page.
00:23:08.420 there's a sentence that begins on the left margin I have reviewed do you see
00:23:12.560 that I do yes okay would you please read that sentence I have reviewed States
00:23:17.040 exhibit 12.1 and the recordings are true and accurate including timestamps dates
00:23:22.280 and camera labels the only changes are some zooms and red highlights which were
00:23:28.820 not part of the original recording I'm sorry sorry I didn't know if you wanted
00:23:34.740 to continue no that's that's good enough have you uh have you had a chance um well you review
00:23:42.420 the raw footage yourself is that correct correct and and does does that uh comport with with your
00:23:50.820 viewpoint of that exhibit it does yes have you had a chance to refer or i'm sorry review what's
00:23:58.420 been marked as States Exhibit 12.4? Yes. And when did you review that exhibit? This
00:24:05.380 morning. And who did you review that exhibit with? With Kimberly Durfler. Was
00:24:09.760 there any conversation about that exhibit? No, I was just shown the video. Okay.
00:24:14.200 Nobody asked you questions or suggested anything to you? They did not, no.
00:24:20.660 Did you prepare that exhibit?
00:24:26.660 I did not.
00:24:27.660 Do you know who did?
00:24:30.660 The Utah County Attorney's Office.
00:24:33.660 All right.
00:24:34.660 And I'm referring specifically to what's been marked, State's Exhibit 12.4.
00:24:39.660 What is depicted in that video?
00:24:42.660 That video is, again, a compilation of videos from the overall footage that was obtained
00:24:48.660 from Utah Valley University for September 11th and September 12th.
00:24:53.400 And how does it compare to what's been marked as State's Exhibit 12.1?
00:24:58.260 It appears to be the same footage.
00:25:01.260 However, on this particular version, there were no circles or blurs that had been made to the video.
00:25:10.060 How about zooming in and zooming out?
00:25:11.660 No, there was no zooming or zooming out.
00:25:13.260 Does it appear to be identical to the raw footage that you've seen that portrays this particular part of the UVU surveillance video?
00:25:23.620 It does, yes.
00:25:25.840 Judge, the state would move to admit what's been marked at State's Exhibit 12.4.
00:25:35.700 Your Honor, we just object to the publication of this for all the reasons we argued yesterday.
00:25:40.620 We think this video is going to play a big role in the trial,
00:25:47.260 and to allow the public to see it now would seriously impact our ability to get a fair trial,
00:25:53.800 and we're asking the court not to publish it.
00:25:56.060 Thank you.
00:25:57.220 And to all counsel, as it will apply to all counsel,
00:26:02.020 when you are moving a piece of evidence, it's the three parts,
00:26:06.180 whether admissibility into the record, to be published in the courtroom, to be published in the courtroom and captured by the media.
00:26:15.100 So, Mr. Sturgill, as it's your request, what are you requesting?
00:26:19.980 First of all, clearly I'd move to admit the exhibit.
00:26:23.640 I'd ask, and Judge, the presumption is that this is a public record and it should be published.
00:26:29.420 And so the state's position is that it should be published here in the courtroom
00:26:33.200 and it should be published in such a way that the media can capture it on video.
00:26:39.020 All right.
00:26:39.860 Your Honor, I need to turn on that very briefly.
00:26:42.480 You may.
00:26:42.920 If you would approach the electorate, please, and state your name.
00:26:47.640 I'm David Ryman.
00:26:48.620 I represent the news media.
00:26:49.720 I didn't make an appearance because the news media technically aren't parties,
00:26:52.840 but as you know, they do have the right to be heard on issues like this,
00:26:55.420 and I've tried to keep that to a minimum.
00:26:57.320 But since this is the first one coming up today,
00:26:59.280 I thought it might be helpful to just address it again.
00:27:01.400 there is a presumption not just that it be published in the courtroom as we talked about
00:27:06.960 yesterday because the participants or the spectators in the courtroom have a right to know
00:27:14.880 what the court is viewing so that they can understand how you're making your decision
00:27:18.840 this seems like a very important piece of evidence it doesn't seem like there is a basis to keep
00:27:24.840 the people who are in the courtroom today from understanding why it's being introduced
00:27:30.840 It is not like the videos yesterday, and my understanding at least is, in fact, you can
00:27:36.000 correct me if I'm wrong, but we didn't object to the videos that weren't published yesterday
00:27:40.720 that were graphic.
00:27:41.900 We didn't object to the non-publication of the autopsy report.
00:27:46.180 This, the argument here that Ms. Nestor just made is this seems really relevant, and that
00:27:51.300 is precisely why it needs to be public.
00:27:54.300 With, the last thing I'll address is just EMC.
00:27:57.320 there is a presumption
00:28:00.220 it's a rule presumption not a constitutional
00:28:02.160 one that EMC is allowed
00:28:03.620 and I think that for all
00:28:06.160 the reasons that we've briefed
00:28:08.160 this for your honor several
00:28:10.060 different ways there needs to be a really good
00:28:12.220 reason why
00:28:13.060 if it's being published in a public
00:28:16.380 proceeding in the courtroom it should
00:28:18.180 not also be
00:28:18.900 allowed to be
00:28:21.740 published to the media
00:28:23.120 thank you
00:28:24.700 thank you mr. Sturgill that you wish to respond or perhaps give a little bit
00:28:32.940 more detail on what this video purports to show well do you want me to profit
00:28:42.140 that judge or have the witness I'll defer to you okay well first of all if I
00:28:48.260 can take one step back let me ask you I may have misheard but let's just be
00:28:54.880 clear about this video the compilation video it includes video surveillance from
00:28:59.180 UVU campus from what dates September 10th 2025 into the morning of the 11th
00:29:05.240 2025 and if you wouldn't mind just describe in a bit more detail what this
00:29:12.300 compilation includes the compilation shows the movements of the individual
00:29:18.620 believed to be mr. Robinson on Utah Valley University campus arriving and
00:29:24.060 leaving in a vehicle arriving and leaving on foot and then returning and
00:29:28.740 leaving and then attempting to gain access again in a vehicle and his
00:29:33.780 movements throughout the day are included in the videos also is there any
00:29:41.680 Any footage of the alleged shooting?
00:29:52.840 There is not, Judge.
00:29:53.780 Okay.
00:29:54.240 I just wanted to clarify that.
00:29:56.900 Ms. Nestor, given that additional information and anything further from defense?
00:30:01.720 Mr. Burt, he's the one who's been litigating all of the First Amendment issues,
00:30:08.640 if he could address Mr. Ryman's argument?
00:30:12.220 Yes. Mr. Burt, if you wouldn't mind coming forward.
00:30:18.960 Judge, I wanted to clarify one argument that was made by Council for the Media yesterday,
00:30:25.180 and that was the Rule 4-202.02 does not apply to the situation we're in right now, and that is wrong.
00:30:34.860 The rule says that this rule applies to the judicial branch, and 4-202.02j says the judge may regulate or deny access to exhibits to ensure a fair trial.
00:30:54.760 So I think that rule does apply to our situation, and the Supreme Court in the Algier-ALLG-IER case, 258 Pacific 3rd, 589, applied the rule in the context of an evidentiary exhibit.
00:31:12.040 And I know the court has not mentioned since counsel made that argument this particular rule, but I think it does apply here.
00:31:17.940 And also applicable is the Supreme Court's decision in the Kearns case, which we talked about when we argued the motion for denying access to the cameras.
00:31:27.260 And that case, Kearns v. Tribune Corporation, 685 Pacific 2nd, 515, says that the standard the court ought to apply in determining whether an exhibit at a preliminary hearing should be sealed is one of a, quote, realistic likelihood of prejudice.
00:31:51.000 And we rely on the evidentiary showing we've made in connection with our motion to exclude cameras,
00:31:57.840 that there is a realistic likelihood of prejudice in this way.
00:32:02.680 The court knows and has access to the media coverage up to the time when we litigated the motion concerning closing this hearing to the cameras.
00:32:12.080 And the court knows that one feature of the media coverage has been a very pro-prosecution bias of every story that has been published on this account.
00:32:23.340 The court also knows from that coverage that that information is being widely disseminated, and you have found in connection with the shackling issue that the publicity in this case is likely to reach jurors who will be part of our jury pool.
00:32:42.080 And we've also submitted to the court a public opinion survey, which shows that the prejudicial publicity that the media has already generated in this case has affected the jury pool.
00:32:55.460 And so those are all factors the court can point to and rely on and conclude that publication of this particular exhibit should not be allowed because there is a realistic likelihood of prejudice to Mr. Robinson's right to a fair trial.
00:33:13.180 So under that standard and under the rule, the court ought to deny publication.
00:33:18.520 Thank you, Mr. Burt.
00:33:19.240 Thank you.
00:33:19.580 Any final argument from the parties before the court issues its ruling?
00:33:25.460 Your Honor, can I be heard on that briefly?
00:33:28.120 Yes, you may.
00:33:32.400 Thank you, Your Honor.
00:33:33.300 David Ryman.
00:33:33.920 I just wanted to clarify.
00:33:36.160 I don't know that Mr. Burton, I necessarily disagree about what he said about the rule.
00:33:41.580 What we were talking about yesterday was something different.
00:33:44.380 That is the portion of the rule that classifies records that are in the court file.
00:33:51.460 It's not the same as what happens in a public hearing.
00:33:55.500 And Mr. Burt referenced the portion of the rule that essentially just tracks the constitutional standard,
00:34:01.420 which, of course, controls here as to whether in this public proceeding it can be closed in any way
00:34:08.040 and non-publication of exhibits as a form of closure.
00:34:12.020 So I don't necessarily disagree.
00:34:13.440 I would just underscore a lot of what Mr. Burt just said has been briefed ad nauseum at this point.
00:34:19.260 their position that publicity is incompatible with a fair trial.
00:34:24.920 The Algeier case he mentioned, I know that case.
00:34:28.820 I litigated that case.
00:34:29.980 It involved a confession that the court found public
00:34:34.220 because you have so many other tools to cede a fair and impartial jury.
00:34:39.760 And we have cited that case repeatedly,
00:34:42.060 and so has Your Honor, I think, recognized it in your ruling,
00:34:44.600 saying, pre-trial publicity can coexist with the defendant's right to a fair trial.
00:34:51.280 So the last thing I'll say is just that the constitutional standard that I think we're
00:34:55.180 all agreeing applies here is weighty and difficult to overcome.
00:35:00.860 And it is never satisfied, as we've explained, by just generalized assertions that there's
00:35:06.300 a lot of publicity out there.
00:35:07.500 It's got to be something really specific, and they just haven't made that showing.
00:35:11.120 And I certainly don't think that a video that apparently just shows the defendant walking
00:35:16.240 around the UVU campus qualifies.
00:35:18.360 Thank you.
00:35:22.240 Anything further?
00:35:23.240 Coach from the state, no, but I think I'd like to be crystal clear.
00:35:30.560 You asked if there's any portion of this video that captures, and I believe you asked
00:35:34.500 of the actual shooting.
00:35:38.560 There's no video of that.
00:35:40.640 There is video, however, and you've heard testimony related to this, where the shooter
00:35:46.520 goes to the top of the low C building, goes out to the edge of the building, low crawls,
00:35:51.100 and then leaves after what we assume is the shot being fired.
00:35:55.100 That's as close as it gets.
00:35:56.100 I don't know if that makes a difference, Judge.
00:35:57.640 I just wanted to make the record clear, and I want to be crystal clear with Your Honor.
00:36:01.320 Thank you.
00:36:02.320 I appreciate that clarification as it is guiding for this court.
00:36:10.480 its ruling. I turn to Utah. Well, let me pull this up. So rule 4-202.02. I go down to,
00:36:30.240 Well, first it's a statement of the rule, one, presumption of public court records.
00:36:42.740 Court records are public unless otherwise classified by this rule.
00:36:47.420 Two, public court records.
00:36:49.860 Public court records include but are not limited to, and I'm going to go down to 2J, exhibits.
00:36:57.040 The judge may regulate or deny access to ensure the integrity of the exhibit, a fair trial,
00:37:03.280 or interest favoring closure.
00:37:07.420 And the court recognizes the importance of the constitutional rights of Mr. Robinson
00:37:13.100 being upheld and protected.
00:37:15.440 At the same time, the court also recognizes the importance of transparency and a proper
00:37:21.320 balance to ensure that the Constitutional rights of all parties are upheld.
00:37:27.240 As it relates to this exhibit, I believe it's 12.4, based off the representation of what
00:37:36.260 is in that, the court differentiates this exhibit from the exhibits from yesterday, namely
00:37:43.560 Exhibit 7, Exhibit 8, and Exhibit 9, as those are different in nature, and those go to issues relating to Utah Constitution, Article 1, Section 28, as it relates to the Declaration of the Rights of Crime Victims.
00:38:08.380 and the court also recognizes utah rule of evidence 1102 as it that is the foundation
00:38:16.620 that's being laid for the admission of this exhibit having taken in consideration all factors
00:38:23.880 the court rules that exhibit 12.4 is admitted into evidence and shall be played in the courtroom
00:38:32.900 and may be broadcast by the media we can proceed thank you judge agent Hall
00:38:40.380 before we actually watch States Exhibit 12.4 I have just a few questions yesterday
00:38:47.000 you testified at the very beginning of your investigation that you focused on
00:38:51.980 the video that captured the shooter on the top of the low C building is that
00:38:55.460 correct yes I believe you also testified that you began by working your way and
00:39:01.040 and this is what I remember you saying,
00:39:03.240 so correct me if I'm wrong,
00:39:04.960 but you in essence testified that you began with that video
00:39:08.080 and you started working your way backward and forward
00:39:10.160 with the UVU surveillance video
00:39:12.440 in an effort to trace the shooter steps on campus.
00:39:14.520 Is that right?
00:39:15.360 Correct.
00:39:16.200 Okay.
00:39:17.040 Would you mind explaining just in a little bit more detail
00:39:19.240 what you meant by that,
00:39:21.100 tracking forward and backward on that video?
00:39:24.300 Yeah, we had a known when the shooting occurred.
00:39:31.040 And as the officer testified, there was a video of an individual on the roof at the time of the shooting.
00:39:37.620 And so the philosophy that we applied was to take what we knew
00:39:43.580 and then work that forward through the timeline and backwards through the timeline
00:39:48.840 to try and establish where the individual had gone from the rooftop
00:39:53.860 or how the individual had come to be on the rooftop.
00:39:56.780 and and did that for lack of a better term did that bear fruit it did you actually see from at
00:40:05.180 least in part where he came from and where that shooter went yes more so where he came from it was
00:40:10.640 very limited after the fact you you testified yesterday that in reference I believed what's
00:40:18.740 Mark states is give it 21 that you believe mr. Robinson visited campus at least four times on
00:40:25.400 on the 10th and the 11th.
00:40:26.780 Correct.
00:40:27.620 And I think you reaffirmed that today.
00:40:30.300 Did you do the same, attempt that is,
00:40:33.820 to track Mr. Robinson through UVU surveillance video
00:40:36.820 during each of those four visits?
00:40:38.660 Yes.
00:40:39.500 Or those other three visits, I guess.
00:40:40.800 Yes, on each occasion we attempted to follow
00:40:43.040 the movements of the individual throughout campus.
00:40:46.340 And did you in fact see Mr. Robinson on campus
00:40:49.740 in surveillance video that is not included
00:40:52.640 in States Exhibit 12.4?
00:40:55.400 Yes, there is additional footage of him on campus, yes.
00:40:58.140 Okay.
00:41:00.420 I'm going to have displayed on your monitor.
00:41:07.900 What you're going to see is a paused or a still image.
00:41:13.760 And I'm going to ask if you recognize what, you see that now, Agent Hall?
00:41:18.020 I do, yes.
00:41:18.700 Okay.
00:41:19.240 Do you recognize what's displayed on your monitor?
00:41:21.280 Yes, it's footage from the university that was provided to us, particularly of the parking
00:41:27.720 structure.
00:41:28.720 Okay.
00:41:29.720 Does it appear to be State's Exhibit 12.4?
00:41:32.720 It does, yes.
00:41:33.720 So I'm going to go ahead and I'm going to have this video run and if you don't mind
00:41:39.320 as it's running, I'm probably going to be asking you some questions.
00:41:43.960 And so this video has no audio, is that right?
00:41:46.960 No, there's no audio on the cameras.
00:41:48.960 Okay.
00:41:49.960 um let's go ahead and start the video your honor it's just not up on the screen yet let's go ahead
00:41:56.040 and put it on all screens no i appreciate it it is so it is admitted and may be published to the
00:42:05.080 screens and i just want to make sure it's on your screen agent all right all right uh mr sturgill
00:42:15.160 you may proceed appreciate that judge thank you go ahead okay what are we seeing here agent hall
00:42:21.500 uh that's the vehicle is believed to belong to mr robinson arriving in the parking garage on
00:42:26.780 campus at what time in the morning is what what time of the day uh it's approximately 8 30 in
00:42:32.420 the morning on september 10th 2025 and and what leads you to believe that this particular vehicle
00:42:38.480 belongs to Mr. Robinson? Information that was provided
00:42:43.700 regards to driver's license and Department of Motor Vehicle records. The vehicle fits the
00:42:49.600 description of a vehicle owned by Mr. Robinson. Is there anything unique about that vehicle that
00:42:54.140 stands out to you? The shape of the vehicle is very distinct, but predominantly the wheels were
00:42:59.860 very distinctive on this version of the vehicle. Now what do we see? The driver of the vehicle
00:43:06.880 exits the vehicle and then walks on foot to exit the parking garage that's the
00:43:14.120 individual in the red t-shirt and the shorts and shoes do you believe you
00:43:21.940 recognize who that person is yes who is that believe that's Tyler Robinson right
00:43:27.580 where does he go from there he heads out of the parking garage on foot into the
00:43:33.080 campus and actually goes to the quad area of the campus at that time he makes contact with
00:43:40.620 some representatives from tp usa by quad area sorry the amphitheater is is what i've previously
00:43:48.860 referred it to all right so he goes up on campus visits the the amphitheater area the courtyard
00:43:54.080 or quad correct um and and then what do we see here now he returns on foot back to the same
00:43:59.380 vehicle. And what time is he returning back to the vehicle? It's about 9.25 a.m.
00:44:04.920 and where is this parking structure located on campus it's it's just off of Campus Drive
00:44:34.160 It's a short walk from the amphitheater.
00:44:39.160 What do we see now?
00:44:41.160 That's the vehicle exiting with Mr. Robinson driving the vehicle.
00:44:58.160 Now what do we see?
00:45:00.160 This is Mr. Robinson returning to the campus on foot from the neighborhood to the northeast.
00:45:07.000 You can see he's wearing the same clothing as in the previous video.
00:45:11.280 And he's carrying a blue backpack.
00:45:13.480 Describe the clothing.
00:45:15.440 It's a maroon-colored T-shirt with gray or olive-colored shorts and then Converse shoes.
00:45:26.680 And what time did he return to campus?
00:45:29.920 Just after 10 a.m.
00:45:32.620 And does he leave the parking structure eventually?
00:45:35.980 He does, yes.
00:45:37.220 And during this visit, do you know where he goes after he leaves the parking structure?
00:45:41.760 Yes, we were able to track his movements on campus.
00:45:44.240 He went to Chick-fil-A in the Sorenson Building and purchased some food, sat and ate the food.
00:45:53.240 And where did he purchase the food from?
00:45:56.180 Chick-fil-A in the Sorenson Center.
00:45:57.640 and where is that in relation to the amphitheater or the the courtyard it's
00:46:04.760 it's kind of on the northeast side of the amphitheater it would be on the on the
00:46:10.960 upper back edge of the amphitheater furthest away from where the tent was
00:46:14.500 that mr. Koch was in and from there where does he go from there he moves
00:46:19.420 across campus out across campus drive into a wooded area on what would be kind
00:46:26.980 of the northeast side of Campus Drive, then returns back onto campus.
00:46:34.380 We noticed at this point that he's no longer carrying the backpack that he was originally wearing.
00:46:39.460 He moves through the Gunther Building and the Computer Science Building.
00:46:44.700 And then goes where?
00:46:45.920 I'm sorry?
00:46:46.520 And then goes where?
00:46:47.660 Then goes across to the railing that gives access to the roof of the Loci Building.
00:46:55.080 From there?
00:46:56.700 From there, he comes back down the stairs and walks off campus from that point.
00:47:03.680 And about what time was that, that he left campus that second time? Do you know?
00:47:09.180 I believe it was approximately 11 a.m. or just after, if I recall.
00:47:13.980 I could verify from my notes if you need an exact time.
00:47:17.160 Yeah, if you don't mind.
00:47:21.420 That'll help you remember, refer to it. Don't read it out loud.
00:47:23.760 So let me know when you've had a chance to look at that, would you?
00:47:47.760 Were you able to refresh your memory as far as the time?
00:47:50.460 I was, yes.
00:47:51.500 And what time was it?
00:47:52.820 It was just prior to 11 a.m. when he walked off campus.
00:47:55.340 Okay, and before we go any further,
00:47:57.860 the parking structure that he left initially,
00:48:01.520 where is that parking structure in relation
00:48:03.220 to the LDS Institute building?
00:48:05.000 I'm sorry, in relation to?
00:48:06.040 The LDS Institute building on campus?
00:48:13.940 I think it would be just to the north
00:48:15.220 of the LDS Institute building, if I recall.
00:48:18.540 Do you recall whether it was adjacent
00:48:19.800 to the LDS Institute?
00:48:20.860 Yes, it is.
00:48:21.700 Okay, all right, what do we see displayed here now?
00:48:28.040 Go ahead.
00:48:29.580 This is a video of Mr. Robinson returning back to campus
00:48:33.200 the same way that he did previously on foot.
00:48:36.820 And this takes just a moment.
00:48:43.420 And why, well, let me ask you this.
00:48:46.240 You believe this is Mr. Robinson returning to campus?
00:48:48.640 I do, yes.
00:48:49.880 And why do you believe it's Mr. Robinson?
00:48:52.020 The shoes are the same.
00:48:54.160 And the images that we have are, from my viewing and seeing Mr. Robinson on the video, it's the same person.
00:49:07.200 He's noticeably wearing different clothing.
00:49:09.480 He is wearing different clothing, and he also is walking with a gait or a limp in this video.
00:49:16.080 With a gait or what?
00:49:17.260 A limp.
00:49:19.880 Now, what do we see?
00:49:27.280 So it's Mr. Robinson coming up the stairs of the parking structure.
00:49:35.240 Again, he seems to be having issues walking.
00:49:49.880 And again, were you able to track Mr. Robinson when he leaves this parking structure?
00:49:59.880 Yes, we were able to.
00:50:01.880 So when he leaves the parking structure, where does he go?
00:50:05.880 He comes up around Campus Drive, as you can see on the video here.
00:50:10.880 There is a cut through there north of the Loci building, and that's Mr. Robinson coming up the sidewalk.
00:50:16.880 sidewalk. He has the noticeable
00:50:18.740 gait or limp in his walk.
00:50:22.000 And then he moves
00:50:22.980 south across the
00:50:24.240 front of the Losi building.
00:50:27.240 On the sidewalk? Yes,
00:50:28.960 correct.
00:50:32.700 He would be the rear of the two individuals
00:50:34.900 in this particular video.
00:50:36.940 So right now, if you were to break this picture
00:50:38.980 into quadrants, where
00:50:40.600 would he be?
00:50:42.520 He would be in the top left quadrant,
00:50:44.540 walking to the left of the image.
00:50:46.880 Now what do we see?
00:50:49.380 This is an image looking across the parking lot to the Lossie building.
00:50:53.420 And Mr. Robinson is appearing on the exterior staircase, which gives access to the Lossie building roof and the area where the railing was.
00:51:03.260 And again, let's break that image into quadrants. Where would you be located if you broke it into quadrants?
00:51:09.100 It's in the top right, and the individual can be seen moving under the notations that are on the video.
00:51:16.880 And what time is this?
00:51:25.300 It's just afternoon, about 12.15.
00:51:28.080 On what day?
00:51:29.180 On December, sorry, September 10th, 2025.
00:51:33.560 What just happened or what did we just see happen?
00:51:37.360 The individual actually kind of rolls over the railing onto the roof of the Loci building.
00:51:42.780 All right.
00:51:43.120 and again in the top left corner the individual is now seen running across the rooftop of the
00:51:51.700 Loci building to what would be the southwest corner of the building crouching down and then
00:52:00.220 crawling to the corner of the building and and this is at what time around 1223 I think the
00:52:12.900 Timestamp on the video is 12.22.
00:52:15.800 On the 10th?
00:52:17.560 On September 10th, yes, 2025.
00:52:19.780 So we're clear, this is the roof of the Low C building.
00:52:22.080 Correct.
00:52:24.480 Can you still see that individual?
00:52:27.540 Yes, you can, lane prone.
00:52:42.900 You believe this to be Mr. Robinson?
00:52:45.900 I'm sorry?
00:52:46.900 You believe this to be Mr. Robinson?
00:52:47.900 I do, yes.
00:52:48.900 And how long is he out there on the edge of the building?
00:52:52.900 Just until the reported shot was fired at 12, 23, and 28.
00:52:59.900 The individual then stands up and then moves across the building to the north.
00:53:03.900 Is that what we're seeing happening right now?
00:53:05.900 It is, yes.
00:53:06.900 They moved behind the atrium area on the rooftop to the northeast corner where the white triangle is.
00:53:18.900 Do you see Mr. Robinson now?
00:53:20.900 I do, yes. He's just arriving at the corner of the building, almost the top center of the image.
00:53:32.900 What are we seeing now?
00:53:34.900 And Mr. Robinson lowering and jumping off of the roof of the low-sea building onto the grass area.
00:53:41.460 And then moving away towards Campus Drive.
00:53:47.320 And he appears to be carrying some kind of an object in his hand at this time.
00:53:59.640 So he's approaching?
00:54:02.020 Campus Drive.
00:54:03.600 And again, broken into quadrants, where is he currently?
00:54:07.040 In the top right quadrant.
00:54:11.780 And the time?
00:54:13.500 It's 12.24 and 42 on the timestamp.
00:54:16.860 What do we see now?
00:54:18.020 He then crosses Campus Drive and drops down into the wooded area on the far side of Campus Drive.
00:54:27.980 And that is located in what part of the video?
00:54:30.960 What quadrant?
00:54:32.520 It would have been just off center on the top left side.
00:54:39.660 What do we see now?
00:54:41.720 This is the intersection of Campus Drive and 800 South.
00:54:45.920 There's a vehicle attempting to turn right onto Campus Drive.
00:54:50.480 That's the vehicle that's driven by Mr. Robinson.
00:54:53.320 And on this, on the screen, where is that vehicle that you're referring to located, if you broke it into quadrants?
00:55:00.420 It's on the left side, on the upper side, the upper quadrant.
00:55:07.800 Now what do we see?
00:55:09.520 That vehicle's now pulling away and heading east on 800 south.
00:55:16.020 And why do you believe that that vehicle is Mr. Robinson's vehicle?
00:55:20.760 When that vehicle was stopped, it actually made contact with an officer who was doing security detail.
00:55:26.000 And do you know who that officer is?
00:55:27.740 Officer Goforth.
00:55:28.620 Okay, and do you know which department he works for?
00:55:30.780 Spanish Fork, please.
00:55:32.160 And did you have a conversation with Mr. Goforth regarding this interaction at that intersection?
00:55:38.740 I did, yes.
00:55:39.740 And what time was that interaction? I'm sorry, did I ask you that?
00:55:43.140 It was approximately 12.30 a.m.
00:55:47.680 On the 11th?
00:55:49.020 On September 11th, 2025.
00:55:50.560 So you talked to Officer Goforth about that contact on the corner on that, or I guess during the early morning hours of the 11th.
00:55:59.420 Correct.
00:55:59.940 And what did Officer Goforth tell you about that interaction?
00:56:04.100 It was an interaction that, I guess cop intuition, but there was something about the interaction that made him make a note of the license plate of the vehicle.
00:56:15.340 and then subsequently when information was available that that vehicle
00:56:21.920 or a vehicle matching the description of that was involved in the incident,
00:56:26.860 he ran the information that he had obtained from the stop
00:56:29.320 and was able to identify that it was registered to Mr. Robinson
00:56:34.140 and he had, in fact, had contact with Mr. Robinson on the morning of September 11, 2025.
00:56:39.980 The information that he ran, when you say that, he ran information
00:56:45.200 Yes, he ran a partial plate.
00:56:47.380 A license plate?
00:56:48.540 Correct.
00:56:49.360 And based on that partial license plate, he was able to identify the owner of that vehicle?
00:56:54.280 Yes.
00:56:54.900 And did he tell you who the owner of that vehicle was?
00:56:56.880 He did, yes.
00:56:57.960 Okay, and who did he tell you that it belonged to?
00:56:59.460 There were two registered owners of the vehicle, Tyler Robinson and Amber Robinson.
00:57:04.840 Did he say anything about the person that he actually interacted with?
00:57:08.220 Yes, it was a male that he believed to be Tyler Robinson.
00:57:10.700 Okay.
00:57:15.200 let's um let's return again to what's been marked stakes exhibit 12.1
00:57:27.880 again you've reviewed that video yes and the difference between 12.1 there was been marked
00:57:36.300 at stakes exhibit 12.1 and 12.4 are are if i understand you correctly are these enhancements
00:57:42.620 that we've been talking about yes and specifically what would be specific be
00:57:48.140 specific about the enhancements and let's go one at a time okay I think
00:57:53.120 there's a reference to either red circles or red highlights correct that's
00:57:56.420 how mr. Olson described it red highlights yes do you know do you know
00:58:00.800 what he's or what is what's what is he referencing by the red highlights or
00:58:05.600 what do you believe he's referencing I believe he's referring to red ovals or
00:58:09.980 circles that were placed over the image to identify specific individuals of
00:58:14.480 note and these red circles are they are they permanent red circles are they
00:58:22.640 temporary I'm different I would assume they are temporary I'm not very
00:58:28.400 technological but I believe they would be overlaid over the image and this is a
00:58:33.380 bad question what I mean by that is is do they appear and disappear quickly or
00:58:36.920 or do they linger or last for a period of time?
00:58:41.220 They're there for a notable period,
00:58:42.580 but I believe they come off the video.
00:58:46.540 All right.
00:58:47.580 And other than, well, and you said that the circles,
00:58:53.820 what do the circles do?
00:58:56.040 They identify an area or a person of interest
00:58:59.920 within the video.
00:59:00.900 And other than do that, do the circles or the highlights,
00:59:04.980 Do they do anything with regards to the video itself as far as its accuracy?
00:59:10.800 Not to my knowledge, no.
00:59:14.260 I think the next enhancement that has been mentioned that we've talked about is there
00:59:19.100 is some blurring.
00:59:20.100 Yes.
00:59:21.100 Do you know what that ‑‑ tell us what that is.
00:59:23.960 What blurring do you see in state what's been marked as state's exhibit 12.1 that you
00:59:29.180 now don't see in 12.4?
00:59:30.580 If I recall, there were some individuals in the parking garage footage and their faces were blurred.
00:59:37.700 Is anything other than faces being blurred?
00:59:42.840 Not that I recall, no.
00:59:45.620 And how often do you see the blurring throughout the video?
00:59:49.160 I believe it's just in the original sequence in the parking garage.
00:59:53.680 Other than the blurring, well, does the blurring other than obviously blur out part of the
01:00:05.920 image, does it change or impact the accuracy in your mind of that part of the compilation
01:00:13.740 video?
01:00:14.740 Not to my knowledge, no.
01:00:15.740 And then the last thing is I believe is there's some zooming in and zooming out that's
01:00:19.740 12.1 that has been removed from 12.4.
01:00:23.780 What can you tell us about the zooming in and the zooming out?
01:00:26.940 Predominantly it's in the area that was referred to as viewing the low-sea building rooftop.
01:00:32.560 I believe it focuses on the area where Mr. Robinson comes up the stairs and onto the rooftop.
01:00:40.580 Those portions of that particular footage were zoomed in for clarity.
01:00:44.200 other than other than zooming in and zooming out does does at least that
01:00:50.440 enhancement to the video does it change the content of the video know the
01:00:56.260 accuracy in the video of the video in your mind no
01:01:00.420 Is the, are the enhancements in State's exhibit, well, it's been marked as State's exhibit 12.1, are they helpful in any way or what do they add or take away from that video?
01:01:27.220 I think for people who are not familiar with the area and what's trying to be shown,
01:01:32.200 they allow an opportunity for people to look at an individual who we believe to be Tyler Robinson
01:01:38.140 and also specific movements with more clarity than the original focal point gives.
01:01:47.180 So let's talk about the zooming in and the zooming out.
01:01:50.060 It sounds like it's specific to the low-sea rooftop, if I understand you correctly.
01:01:54.480 Yes.
01:01:54.780 Okay. And I think we've all watched that exhibit.
01:01:58.220 Correct.
01:01:58.760 And although you can see Mr. Robinson and his movements, is it fair to say that it's difficult to really see what's going on?
01:02:09.340 That would be fair, yes.
01:02:10.380 And the version that's in 12.1, does it facilitate at least that part of the video, seeing Mr. Robinson and tracking, I guess, his steps?
01:02:24.500 I believe so, yes.
01:02:27.200 Judge, at this point, I think in combination with yesterday, the foundation that was laid yesterday,
01:02:33.340 including the written statement from Mr. Olson, which has been admitted into evidence and is,
01:02:40.260 well, it's already been admitted into evidence, we believe there's enough foundation that at this point
01:02:46.780 we'd also ask the court to admit what's been March State's Exhibit 12.1.
01:02:52.540 And we think it would be beneficial for your honor to view it.
01:02:58.320 Ms. Nestor.
01:03:02.040 Thank you, your honor.
01:03:02.880 We renew our authenticity objection, and we also object to the, for admission purposes.
01:03:08.140 And then we also object to the publication for the same reasons, the fair trial issues that we raised with the unaltered version that was just submitted.
01:03:19.760 And, Judge, sorry, I neglected to mention the other two.
01:03:22.540 Again, Judge, we believe that the presumption is that this is a public record, that it should
01:03:28.540 be not only admitted, but it should be published here in the courtroom, and it should be published
01:03:33.160 in such a way that the media can have access to it.
01:03:36.100 All right.
01:03:37.720 I do have a question, and just directing your attention to the Utah Rule of Evidence 403,
01:03:43.860 to the last phrase, the last four words in that, do you wish to address that?
01:03:51.540 judge i'll i'm gonna have to look at 403 specifically for those last well i can
01:03:59.560 read i can read that or needlessly presenting cumulative evidence so the court may let me
01:04:05.840 just read the whole rule for completeness the court may exclude relevant evidence if it's
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