00:00:26.040Ken, I know we've just got a couple more minutes with you,
00:00:27.840But you mentioned before the break that not all appeals can be waived.
00:00:34.300So based on what you're seeing, compilation of Tyler Robinson's demeanor, the fact he has not entered a plea yet,
00:00:41.740and do you think that eventually he does enter a plea to try to prevent this from going to trial?
00:00:46.040Or do you think the state says, no, we want the death penalty, we believe it's aggravated,
00:00:50.840endangerment of children, endangerment of other people, we're going to go full bore on this?
00:00:55.280What do you think happens and how do you see the defense's strategy moving forward if they don't want to go to trial?
00:01:04.040Well, look, to be clear, this is a textbook example of a case where the death penalty would be warranted if he's convicted.
00:01:12.460You've got a high level of premeditation. You have, you know, an act of murder that was intended to squelch political slash religious speech.
00:01:24.020And you've got the fact that he created a grave risk of danger to the public that was in attendance at Charlie Kirk's rally that day.
00:01:31.860So this is a textbook case for the death penalty if you were to be convicted.
00:01:35.680That being said, if Tyler Robinson has any instincts of self-preservation, he will take a plea if his attorneys can work one out that takes the death penalty off the table.
00:01:46.460I don't know if they're going to be able to work one out.
00:01:48.940I think, you know, it's a hard one because there's so many factors that point towards the death penalty being warranted here.
00:01:56.880But look, even if they get the death penalty off the table and he goes to jail for life on a plea, he's going to file an appeal.
00:02:05.500And the best grounds for an appeal in a situation like this, where he's probably going to be waiving most of the grounds he could file an appeal on, is what they call ineffective assistance of counsel.
00:02:15.220They're going to scour over the record, pour over the record with his appellate attorney, every transcript, every brief filed in the case, every decision, and they're going to look for every single little mistake that his attorney made.
00:02:29.560And believe me, attorneys are not perfect. I know. Well, maybe I am. But most attorneys are not. And the reality is some mistakes are made in the heat of the moment.
00:02:38.760How could you not? In a high profile case, you know, you're going to misspeak. There are going to be things you say. I think we just saw his attorney, quite frankly, do a little misspeaking on the record when the judge backed him into a corner about Tyler Robinson's state of mind. And they're going to look for all those mistakes to try and advance the argument that this is appealable based on the fact his attorney screwed up, to put it in layman's terms.
00:03:04.060And Ken, I want to talk a little bit about the demeanors that we're seeing in the courtroom.
00:03:08.380You know, one of the biggest things that has been all over the Internet after yesterday was the flinching of the judge.
00:03:13.720Now, with your expertise just being in the courtroom, you're you know, you almost are kind of tapped in.
00:03:19.200You have to be aware of that body language and and knowing how to kind of analyze that.
00:03:23.800Do you see the demeanor of the judge, of Tyler, at any point coming into play, whether that's, you know, in the actual trial or even what the judge does in this pretrial?
00:08:29.640Honestly, I don't want to be I don't want to have people from Utah paying taxes to, you know, keep Tyler Robinson alive for the rest of his life.