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00:00:56.640connexontario.ca. Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at
00:01:03.100New East. Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show. It's day five of the
00:01:13.960Tyler Robinson hearing. A forensic expert is expected to take the stand for the defense today,
00:01:19.120the last witness we expect of this hearing it's supposed to wrap up early this afternoon
00:01:24.900unfortunately we will not be getting a decision today on the obvious conclusion that there is
00:01:30.080probable cause to hold tyler robinson over to trial in the case of charlie kirk's assassination
00:01:36.180i mean honestly despite the mountain of evidence against this is a joke that judge tony graff is
00:01:41.000indulging this i'm sorry he's judge ito i'm over this guy completely he has no confidence he seems
00:01:47.520feckless up there. He seems like he's terrified to make a decision. This is honestly absurd.
00:01:54.660Like grow a pair judge. If you're going to be on the bench in criminal cases, you're going to have
00:01:59.140to learn how to say objection overruled or I'll take it under advisement. But for now, this is
00:02:05.120my ruling. Like everything's got to be briefed. Everything needs a pause. Everything he needs
00:02:10.060to consider behind the scenes. I'm sure he's got some law clerk back there who he's like,
00:02:15.080hey, what should I do? Or he calls a senior judge and he's like, what should I do about this?
00:02:19.440I can't believe this guy was a prosecutor and he has this little confidence to rule from the bench.
00:02:26.020Grow a pair, Judge Graff. It only gets more difficult from here. This is a preliminary
00:02:31.060hearing. This is an easy case. It only gets tougher as we go to trial. What we have spent
00:02:37.320the morning arguing over is whether a two-second airing of Tyler Robinson's note to Lance Twiggs
00:02:47.620that was under the keyboard in Tyler's room on the night of the murder that he directed him to
00:02:54.500by that automatic text to Lance Twiggs' phone saying, look under my keyboard. We've seen the
00:03:00.360full text of that in previous court hearings, court filings, I should say. It was no mystery,
00:03:06.660Literally all that two second screen grab added was now we've seen Tyler Robinson's handwriting and the defense is melting down like somehow he was given a colonoscopy in open court yesterday.0.91
00:07:53.860Okay, before we dig into the action in court, both what happened yesterday after we signed
00:07:58.520off and this morning, we want to take a look at what we learned yesterday.
00:08:02.420Utah State Bureau of Investigation Sergeant Jennifer Falmoina. She was back on the stand.
00:08:13.300This is the woman who's like really kind of running herd on the evidence. And we saw for0.91
00:08:19.460the first time through her, those infamous engravings on the bullet rounds found in the
00:08:27.000rifle i mean it was somewhat jarring i have to say it was somewhat jarring to see like we knew
00:08:32.240it was on them because the the feds had released that and um just as you see bullet casing after
00:08:39.360bullet casing and you know this guy engraved these words imagining killing our friend it's just
00:08:45.580chilling and disgusting um but we'll show them to you okay first first we'll show you a little
00:08:51.320bit of Falmoina discussing what's on the bullets. Watch. What are we looking at here in Exhibit 19?
00:08:59.580This is the cartridge case that was recovered from the gun.
00:09:03.160And what position was this in, in the gun? This was the, or this is what was in the chamber.
00:09:11.040Okay. And the chamber meaning that's where a cartridge is before it's, or when it is fired,
00:09:17.740correct? Yes. Do you notice an inscription or an etching on this cartridge case? Yes,
00:09:26.720I do. Will you read what that says? Yes. Notice is bold. And if we can go down to page two of
00:09:33.580the exhibit, will you read what this says? O-W-O, what? And page three? This. And question mark,
00:09:44.760correct yes question mark what she was describing came from the cartridge that packaged the bullet
00:09:52.140police say killed charlie kirk it was a little hard to see so we enhanced it and um you heard
00:10:01.440her espouse that it reads notices bulge owo what's this that's notices bulge owo what's this
00:10:12.800Now, if you are not part of the trans furry culture, you probably don't know what that means.
00:10:19.860But the New York Post explains, quote, the engraving is a meme used in transgender and furry subculture, a reference to being surprised by genitalia when someone is dressed up in an animal costume or in drag.
00:10:35.440Oh, I see a bulge. It's actually a man. It's not a woman named Luna.
00:10:41.680it's actually a human it's not a dog oh I was fooled by your dog ears Lance Twiggs I'm sorry0.59
00:10:51.500like this is a this is a sick sick group this is like a whole other issue I mean it's connected0.99
00:10:57.720but it's a whole other issue how the left tries to normalize this shit like the schools are1.00
00:11:02.220allowing this they are allowing this at school they are allowing kids to go to school dressed0.99
00:11:07.760as quote furries with the ears and the tails. It's a mental illness that should not be indulged,
00:11:15.620not least because of which it is potentially contagious. It is part of a social contagion.
00:11:21.780I mean, it truly is akin to having the anorexic parade around to math class in her bikini and to0.98
00:11:27.720have people celebrate it like it's a valid choice. That's your choice. It's sick. All right. So that's0.96
00:11:35.800What he put on the bullet casing that he used to kill Charlie notices bulge.
00:11:44.900I mean, it's coming together, obviously, that Tyler Robinson, who was dating Luna Twigs,
00:11:52.140his alleged trans furry lover, was motivated by his hatred of Charlie Kirk's views on transgender
00:18:19.280And now we have to argue about what the two second reveal of Tyler's handwriting should
00:18:26.560cost the prosecution and or the press in the context of this case.
00:18:32.160We're getting a better feel for what the defense wants.
00:18:34.740I'll tell you that when I finish this.
00:18:36.300now the court filings again have revealed the text of this letter before in its entirety
00:18:43.260but here it is for the first time in robinson's handwriting it's out there and we are going to0.79
00:18:49.340show it to you and there's a fucking no prejudice this is guy and showing it to you sorry here i go0.89
00:18:53.360luna if you are reading this per my text then i am so sorry i left the house this morning on a0.96
00:18:59.960mission and set an auto text. I am likely dead or facing a lengthy prison sentence. I had the
00:19:07.520opportunity to take out Charlie Kirk and I took it. I don't know if I will have succeeded, but I
00:19:15.280had hoped to make it home to you. I wish we could have lived in a world where this did not feel
00:19:20.940necessary. I wish I could have stayed for you and lived our lives together. I lack the words to
00:19:27.240express how much I love you and how very much you mean to me. Please try and find joy in this life.
00:19:32.980I love you always, Tyler, unquote. I mean, it's so bizarre. He loved him so much that he was
00:19:40.460going to deprive his love from Luna's partner, Tyler, for the rest of Luna's life.
00:19:49.700He loved him so much that he had to murder another person for him. Oh, that's true love. I mean,
00:19:53.840like, think of the sick mind, the sick mind. The question is, why is Lance Twiggs trying now to0.88
00:20:01.240downplay his trans identity? Is it because there's something to all the messages we saw online where
00:20:06.360it seemed members of the trans community had foreknowledge of Charlie's murder? Does he have0.66
00:20:12.260reason to downplay that connection of his? For example, on X, an account called Mushy with the
00:20:21.780handle at Tally Hall album wrote on September 3rd, quote, it'd be funny if someone like Charlie
00:20:27.240Kirk got shot on September 10th, LMAO, unquote. Then on September 11th, the day after he was
00:20:33.940shot, the account posted, did it? I mean, it posted, did I, but obviously they were missing
00:20:39.520the T. Another account, a person who goes by Osamu bin Tezuka five days before the shooting
00:20:46.140on September 5th, wrote, quote, you guys, I have something big coming soon. Just be sure to check
00:20:52.100the news. You'll know when you see it with an emoji giving a wink. Then on the day of Charlie's
00:20:57.880murder at 4.52 p.m., the account posted, well, that's that. Another chud bites the dust, unquote.
00:21:05.540And a reported online friend of Twigs. So there's an actual connection here who goes by
00:21:12.480churbum 75 wrote charlie kirk deserved that shit let it die let it die with a photo of charlie0.99
00:21:21.600and then we fucking did it we fucking did it with a photo of kirk unquote seems like that's0.99
00:21:30.540something we might want to investigate we asked fbi director cash patel about this exact issue0.95
00:21:36.680on december 5th of 2025 you can find the whole interview on episode 1207 of the mk show watch
00:21:44.540there were texts by certain trans individuals online before the assassination talking about
00:21:50.960something big is going to be happening and then after he was killed saying and there it is
00:21:55.060leading many of us to wonder whether there was some sort of trans tifa connection
00:21:59.060to the murder um or at least maybe some tip-off to the community is that under investigation that
00:22:04.820is most definitely under investigation and we've disclosed a lot of that to the prosecution or all
00:22:09.180of it that we have and they've made some of it public to include that he was in a relationship
00:22:14.280with an individual who was part of a part of that community and that he was engaged in
00:22:19.880communications with other individuals in that community but as to how they relate to the
00:22:23.760prosecution that's up to the utah prosecutors to say we need this in court and we're going to hold
00:22:28.620it till we release it, till his trial. Okay. So there you hear it. Most definitely under
00:22:34.460investigation. We disclosed it all to the prosecutors as to how they relate to the
00:22:40.320prosecution. That's up to them. I mean, it's somewhat unsatisfying. I'm going to be honest.
00:22:45.160What does that mean? Are you done investigating? You disclosed it all to the prosecution. What do
00:22:51.060mean like the prosecution you're the fbi i mean i assume and believe that that investigation would
00:22:59.300have continued at the fbi level or at a minimum at the state uh police level in utah what came of it
00:23:08.680what came of it we still don't know we have no idea but it's very interesting now that luna
00:23:16.480who saw tyler robinson engraving the bullets who lived with tyler robinson as he prepared for this
00:23:23.840crime whose dna was on the towel in which the gun was wrapped whose dna was on the screwdriver used
00:23:31.760on that rooftop according to police to assemble the gun uh and who did not call police even after
00:23:38.760he was notified by tyler robinson that he had killed charlie and his main concern seemed to
00:23:43.820be in the text exchanges. Stay safe. Watch out for yourself. Never called cops and appears to
00:23:49.520have tried to delete all these texts and photos that were retrieved by police thanks to police
00:23:55.120software. It appears that he may have a motive of his own for suddenly showing up as Lance
00:24:04.760and downplaying his breasts and his new name and his obvious presence in the trans and furry
00:24:13.200communities. Joining me now for Reaction are Dave Ehrenberg, host of the MK True Crime Show
00:24:18.560on our MK Media Podcast Network, and Viva Fry. He's former litigator and Rumble creator.
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00:25:36.360Megan, or don't forget to use that code Megan at checkout guys. Welcome back. Um, Viva, what do you
00:25:43.360make of that? Like it is pretty surprising that this guy with this long hair, but as you are
00:25:50.260proving right now, you can have long hair and not be trans or a furry, um, made a point of saying,
00:25:58.820oh, he never discussed LGBTQ or trans issues with Tyler. I don't believe that he was growing
00:26:04.940breasts and taking HRT, according to Turkey Tom, our YouTuber yesterday, and that he never discussed
00:26:12.260this with Tyler. And also, oh, just Luna. It was just an occasional thing. There's two things going
00:26:18.040on here. One is what Lance Twiggs said in his video statement for the purposes of a preliminary
00:26:23.100hearing for probable cause and to whether or not lance is lying has reason to lie uh or as part of
00:26:29.680the broader conspiracy i've been fighting with people online just as pure matters of fact where
00:26:34.120people say you know lance never identified uh tyler robinson and i play them the clip where he
00:26:41.120says literally the last two photos look like tyler robinson that you might think he's a liar
00:26:46.080and he might very well be lying and i do think he's lying about the fact that they never discussed
00:26:51.140politics there's nobody on earth at this point in time who doesn't discuss politics let alone
00:26:55.880people heavily involved in one of the key demographics of heated political debate there's
00:27:02.360zero chance of that so whether or not he's lying and it comes out at trial for the time being the
00:27:07.300question everybody has to ask themselves is what did tyler robinson say and is it sufficient for
00:27:11.980the purposes of a finding of probable cause and okay like you say it's a foregone conclusion
00:27:17.240the damage that the judge might be doing with this belabored drawn out process is de facto
00:27:24.080converting preliminary hearings into trials on the merits if not as a matter of law just as a
00:27:28.600matter of public reality people are looking at this and thinking it's a trial on the merits
00:27:32.800and if this is the new precedent going forward that this judge sets I mean everybody's gonna
00:27:37.220have a field day in these preliminary hearings by virtue of the fact that now they get to claim
00:27:41.200five days adversarial hearings and you know effectively convert it into a trial on the
00:27:45.920merits but bottom line i don't believe tyler uh i don't believe lance twiggs in everything he's
00:27:51.220saying i when cash patel comes out on your show and says that's a wishy-washy answer passing the
00:27:57.840buck in terms of whether or not the people who posted in advance are being investigated well
00:28:02.480we've given them no you're the fbi there's a federal element to this and if you're not doing
00:28:07.040it tell us concretely who is and what's been done since because as of now nothing and not that
00:28:13.280anybody would even believe what Kash Patel has to say at this point in time because people are
00:28:16.720still angry with him and rightly so for saying he believes Epstein killed himself. That answer
00:28:21.120wasn't even a categoric statement to be disbelieved. It was a wishy-washy passing of the buck. And
00:28:27.280right now, despite all of that evidence of people with advanced knowledge, we've got nothing in
00:28:31.340terms of anyone else who may have been involved. Dave, your thoughts? Yeah. When you're talking
00:28:38.520about lance twigs he had that relationship with tyler robinson that was romantic and very close
00:28:45.620and it's hard to believe that they didn't talk about gender issues lgbtq rights i mean it's
00:28:51.300that is hard i'm just trying to figure out why he wouldn't fess up to that why would he lie about
00:28:56.660that the only thing i could think of is perhaps to try to minimize his role and his knowledge
00:29:01.540in advance that's the only thing but i don't think it moves the needle on who did it here
00:29:06.640I do think that Lance Schwiggs' testimony, from what I saw, was credible.
00:29:11.020I do think it's possible that he knows more than he lets on.
00:29:14.180But to me, the testimony is credible that we've got the guy who did it, the evidence is overwhelming, and there's no other outside actors involved.
00:29:22.340Dave, what do you make of this ridiculousness over showing the letter for two seconds?
00:29:30.400I'm going to show you what we're arguing over.
00:29:32.040OK, this is Sergeant Jen Faumouina, who's on the stand and they're showing us, you know, some exhibits can be shown to the general public and some cannot.
00:29:42.240And for two seconds, the actual letter from Tyler to Lance was shown.
00:30:26.920and there on the left you see exhibit that was it there on the left we see exhibit 24 do you see
00:30:34.720that yes i do and on the right you see excuse me on the right it's 24 on the left it's 16 let me
00:30:41.260stop you mr mcbride i'm not sure is this being broadcast let's let's take that down
00:30:45.820the horror so i know obviously what the prosecutor was trying to do is show here's the burned
00:30:54.340remnants of the letter that you found in the kitchen trash can. And here's the original letter,
00:30:59.360the contents of which are not private. And in fact, have been made public in their entirety
00:31:03.260prior to this in an earlier filing. The only thing that was added, Dave, was we saw the handwriting.
00:31:09.320Heavens to Betsy, we saw the handwriting. I mean, you know, with my background as a prosecutor,
00:31:14.000how I'm going to feel about this. I mean, big deal. At worst, it's what you said, harmless error.
00:31:19.440It shouldn't have any impact. And I know the defense is going to scream about it because
00:31:23.060As I said, this is prejudicing the future jury pool here.
00:31:26.820Well, OK, I mean, you're going to be able to ask them questions to ferret out people who have already drawn a conclusion.
00:31:33.480And also, future jurors are not expected to be blank slates or empty vessels.
00:31:38.140They're going to hear about it. They're going to know about it.
00:31:39.680They just have to be able to say that they're going to put aside everything they've heard and know and just follow the evidence in the law.
00:31:45.480This is much to do about nothing. They're already allowed to discuss the confessions.
00:31:49.120And by the way, there's like been like five confessions by Tyler Robinson.
00:31:53.380Yes. Right. They're allowed to discuss literally.
00:31:55.080So they showed a couple seconds of his actual handwriting with one of his confessions.
00:31:58.500OK, not a big deal. Well, it was literally five confessions.
00:32:02.780We talked about this yesterday. One via text to Lance Twiggs, one in the letter to Lance Twiggs, one in person to Lance Twiggs.
00:32:12.420As Lance Twiggs testified to all three of those yesterday, one to his parents before he got turned in.
00:32:19.120And there was a discord, the discord, the disc and then one on discord.
00:41:06.660Now, speaking of Erica Kirk, there was an outrageous moment yesterday which escaped our notice where one of the defense lawyers, his name, his last name is Bert, first name Michael, Michael Bert.
00:41:19.540This is the guy who represented Lyle Menendez, one of the Menendez brothers during the 1993 trial in which the jury deadlocked on whether Lyle was guilty of murder for killing his parents.
00:41:29.100He also represented the man known as the Olympic Park bomber, Eric Robert Rudolph, who was convicted of killing one person and injuring over 100 others by planting a pipe bomb at the 1996 Summer Olympics in Atlanta, among many others.
00:41:42.660He worked for the San Francisco Public Defender's Office for 24 years.
00:41:51.320This guy is on Tyler Robinson's court appointed defense team.
00:41:56.900And he got up there because Erica and not just Erica, the Kirk family have a representative.
00:42:05.560They have a lawyer in there to stand up for their rights as the victim, because Utah has specifically written a law protecting the victim's rights and affording them the right to be present at all proceedings, among other rights.
00:42:18.000and they were arguing that the unwillingness to show the evidence that was being displayed in
00:42:23.340court to the family members, to Charlie's mother, to Charlie's widow and so on, was violating their
00:42:30.280right to be present for the proceedings. What does it mean to be present if you can't see the
00:42:34.840evidence being shown? So they got up and they made an argument. And then this guy, this Michael
00:42:41.640Burke, sorry, Burt, like Burt and Ernie, gets up there and launches an attack on Erica Kirk,
00:42:49.560which was completely, by the way, unsupported by the facts. But here he is.
00:42:54.340As the court knows, we have witnessed availability problems. We spent the bulk of today and yesterday
00:43:00.240arguing about nothing to do with the evidence in the case, but with rights of third parties.
00:43:07.940And it's appropriate for the court to consider that.
00:43:10.800But at some point, I think the court has to return to the purpose of these hearings, which is to expeditiously hear the evidence and then determine probable cause.
00:43:22.820And I want to point out to the court, Ms. Kirk has been very adept at holding press conferences at which she has revealed evidence.
00:43:30.620She has represented that the state is her attorney.
00:43:35.020She has access to all the evidence that the state has publicized and that the media and her own lawyer argues is already in the public domain.
00:43:46.560So they're perfectly free to go outside this courtroom under the court's protective order.
00:43:52.860They're free to go out and hold press conferences and announce to the world outside the courtroom what they think the evidence is.
00:50:28.540Well, I to the extent that we understand it's more often than not, you can't trace the bullet to the cartridge or definitively if it doesn't leave fingerprints on the projectile.
00:50:38.940Again, I'm not an expert in any of this.
00:50:41.440my understanding is that more often than not the bullet you know the piece that hits you is
00:50:46.920fragmented otherwise you can't trace it to the actual cartridge itself okay so it's nothing out
00:50:51.800of the ordinary to the extent and again probable cause we're trying to determine what the likely
00:50:56.540cause of of death was to the extent they've identified it as a bullet tip i mean okay fine
00:51:02.320defense will raise that we don't know where it came from so therefore that's your reasonable
00:51:05.720doubt but at the probable cause again to the extent we've now concluded it was a bullet that
00:51:09.760killed Charlie. It was fragmented into a number of pieces. Can't do a definitive trace back to
00:51:13.860the frame. OK, that's a reasonable doubt. That's not the probable cause. We have everything else
00:51:17.980that we need to get to the probable cause where we've got, you know, tenfold over what we need
00:51:22.280to be. It is a preview of where the defense is going when this case gets to trial, which is
00:51:28.440you can't conclusively prove that the bullet that was found in Charlie matched Tyler Robinson's
00:51:36.620gun. They like that fact a lot for obvious reasons. It has not been able to be proved
00:51:41.500to not be from that gun, but they couldn't affirmatively connect it. And if I were the
00:51:46.020defense lawyer, I'd be hitting that too. Guys, thank you. Have a great weekend. Thanks for all
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00:53:35.880Day five of the Tyler Robinson hearing is underway, trying to determine whether there is probable cause to hold him over for trial.
00:53:44.800We're going to bring in our panel in a minute, but first, I want to just dip into the live court proceedings right now where the defense has put its third of three forensic expert on the stand.
00:53:56.120She is testifying now, we believe, about, well, actually, I don't know what she's testifying about.
00:54:00.420I just know she's a defense witness from the ATF.
00:54:05.360Explain that because that's a little above my pay grade in terms of understanding.
00:54:10.620So a likelihood ratio statistic compares the probability of the DNA profile of the evidence given two competing hypotheses or two competing scenarios.
00:54:20.220Typically, the first is that the person of interest is included, and then the exclusionary hypothesis would be that the person of interest is excluded, so there's a random unknown unrelated individual contributing.
00:54:33.500And when they're elaborating on that point, they say a likelihood ratio indicates if, and to what extent, the DNA analysis results support one proposition over another, it is not possible on this basis alone to determine which is the most probable proposition.
00:55:25.200it says you should delineate the meaning of a verbal qualifier but you didn't use one in this
00:55:33.720case right correct okay we'll continue to monitor it but clearly what the defense is trying to do
00:55:39.200is poke some holes in the dna evidence that was offered by the prosecution this week where they
00:55:45.000had testimony that it was tyler robinson's 95 and lance twig's five percent dna on i believe those
00:55:54.940of the percentages, but it was overwhelmingly Tyler's with a much smaller single digit percent
00:56:00.280belonging to Lance Twiggs DNA on the towel that was wrapped around the firearm, which they found
00:56:05.860in the woods, as well as on the screwdriver that was found on top of the roof, the low C center
00:56:13.940from which the shot was taken, say prosecutors. And then they also, you know, swabbed Tyler and
00:56:20.880Lance for that matter, but they swabbed Tyler and there was testimony that his, his DNA was
00:56:24.960everywhere. It was all over the gun. It was all over the bullet casings and so on. So, I mean,
00:56:29.040they, in addition to all the confessions and so on, they have his DNA all over what they say was
00:56:35.720the murder weapon, the murder cartridges, and so on. Now they do have to close that loop by proving
00:56:40.940those are the murder weapons and, you know, bullet casings that were used in this crime.
00:56:47.000So there's that. But this is par for the course to have the defense lawyer come up there and chip away at how DNA is not an exact science and you can never really know.
00:56:56.380And maybe the prosecution didn't do it quite right. And all of that will be fleshed out at trial and it will actually be very interesting to see what the defense does.
00:57:03.440But it's not going to make any difference. There's way more evidence than they need to find probable cause here.
00:57:08.720so it's mildly interesting, but it's not critical. In any event, let's bring in our panel,
00:57:13.840Matt Murphy, who is co-host of In the Well, as well as Mark Eiglarsh and Jonna Spillabor. They
00:57:18.960are co-hosts of Positively Legal. Those are all shows on our MK Media Podcast Network. You find
00:57:24.600it, just search up MK True Crime as a podcast, and you'll get access to all of these shows.
00:57:30.060You should definitely be listening, especially as things heat up this week legally. Guys,
00:57:35.440thank you all for being here. So Matt, you've done more of these than anybody. The DNA testimony,
00:57:41.100this is how it's done, right? Just chip away. I mean, I'm thinking of OJ, right? Like that's when
00:57:46.680DNA analysis was still pretty new. I was in law school and I remember watching the OJ trial and
00:57:52.920was it Barry Sheck who got out there and he was responsible. That's, that's your, this is your
00:57:57.560jurisdiction out there in LA where you used to be. Um, it's just about chipping away, just the,
00:58:02.960the confidence in it and the reliability of it, which is now in 2026, a much tougher task than it
00:58:09.640was back in 1994. That's right. There's been so many advances, Megan, back when OJ, they did what's
00:58:15.080called the RFLP, which was the old gel, the gel trays that was like, like first generation, you
00:58:21.260know, we were all learning about forensic DNA. Now they use these things called co-filer and
00:58:25.820profiler kits, um, where they basically, uh, it comes out on a graph and it's totally different.
00:58:31.540In this case, there is, at least on the towel and screwdriver, it's known as a genetic mixture.
00:58:37.300I don't know, Mark and John, if you guys have ever seen them do this,
00:58:40.620I've never seen them put a percentage on major and minor contributors before like that.
00:58:46.980I've done triple DNA mixtures, and I had an old lab, one of our lab supervisors, her name was Mary Hong.
00:58:55.260She used to say, Megan, it's a dirty world.
00:58:57.280And in the modern era, everything is so sensitive.
00:59:00.580the equipment they use that you get a dna mixture on just about every swab it's it's almost becoming
00:59:06.740rare that you'll have a single source dna unless they get it isolated from a sperm fraction or
00:59:11.660something really um like one one source of blood but other other than that it's very common to see
00:59:18.780this and you're exactly right he's just he's using the the parlance like they can't exclude a person
00:59:24.120that's what the fbi protocols allow them to say and crime labs will allow them to say this person
00:59:29.100can't be excluded, even if it's one in 17 quadrillion population frequency, which for
00:59:36.120our purposes means he did it. And the prosecutor can say it's a match. The forensic scientists
00:59:41.260won't. So this is performative. I don't know who this guy's talking to, really, because
00:59:46.100this is just a prelim. The judge knows all this already. So, yeah, the judge is a former
00:59:51.540prosecutor, so he really knows it. So basically what she's trying to say is you, Matt Murphy,
00:59:55.540cannot be excluded. Mark, Mark, Iglars cannot be excluded. John and I, maybe, I don't know if
01:00:00.480they can do, um, female versus male more easily, but that's basically what he said. Like, could,
01:00:05.340it could have been anybody. That's what they're trying to say. Yeah. Yeah. Okay. So, uh, we'll
01:00:10.600see how effective that is. I do want to play you the soundbite. Uh, this is Amanda Baker breaking
01:00:15.140down the Robinson and twigs DNA on the towel and the screwdriver that we were just referencing0.70
01:00:19.940SOT7. You stated, I believe, that the minor sample, the minor contributor was less than 20%
01:00:25.920and that it was actually 5% and the ratio was 5% to 95%. For one of the samples, yes. Do you
01:00:33.140remember that? Yes. Does that mean the 5% was from twigs and the 95%, that 95% is assumed from
01:23:09.860You either have them or you don't.0.99
01:23:12.320And I'm sorry, this judge is missing something underneath that road.
01:23:16.780He better find it by the time we get to trial.
01:23:19.320What I'm hoping for, as one of my old buddies, Howard Gundy, used to say in the unit, is
01:23:23.140that he grows a sack when we get to trial.
01:23:25.380OK, and that, you know, but look, these are also cheap gimmies.
01:23:29.580And every single one of these things will be appealed to the umpteenth.
01:23:33.760And this is an opportunity for him to throw the defense a bunch of bones and listen to a bunch of nonsense and and make the ruling in the safest way that he sees possible.
01:23:44.820You know, I don't think it's going to hurt the case long run.
01:23:48.200But on that point, you guys are right.
01:23:51.220It's not going to hurt the case long run.
01:23:52.720But it's just annoying because we all know that this is unnecessary and it's like a fiction.
01:23:58.120I was saying in the first hour, the defense getting up there and being like, showing that note for two seconds of the handwriting reminds me of the performances in the World Cup where the guys are riding on the field.
01:31:48.260But, you know, back to kind of our earlier discussion on the conspiracy theories,
01:31:52.960one of the biggest downsides of spending so much time discussing them is we're not focused on what clearly was this guy's actual motivation.
01:32:03.480and and that the trans stuff the notices bulges on the cartridge of the the bullet that was used
01:32:13.140to actually kill charlie hey fascist catch oh bella chow a fascist anthem is not getting
01:32:21.300these are leftist narratives about what's wrong with our country about what's wrong with the0.98
01:32:27.340right wing there was testimonials early at the work testimonials early on from the mother to
01:32:32.400the cops reportedly saying he had grown more and more left wing in his thinking since he got pulled
01:32:37.940into this trans furry world. Now you have Lance Twiggs trying to play down his trans affiliation.0.96
01:32:43.880Sure. Sure. Luna. And this clearly was a motivation, Matt, as we've seen now in countless
01:32:51.320cases that this world is subversive and dangerous and can really do a mind meld on people who are
01:32:59.900weak. Yeah, I mean, this is the tragedy of modern America, in my view, Megan. I mean,
01:33:07.180from a prosecutor's standpoint, this is motive. This is what we call motive. But it's also you
01:33:14.800run the risk in modern America that you, more so than the conspiracy theorists, what I'd be
01:33:21.620worried about in jury selection in this is people that come in that align politically and can't put
01:33:27.280those um those ideas aside you know that's i think that's the real danger um uh it's not so
01:33:34.820much the the cuckoos with the tinfoil hat it's the people that um that believe in their hearts
01:33:40.480uh that this that murder is somehow okay um that that they've rejected 3 000 years of uh western
01:33:48.360philosophical and religious tradition that the ends don't justify the means and um and think
01:33:55.480it's all right that that's what i would be worried about in jury selection personally and social
01:33:59.540murder they were calling it just recently the luigi murder social murder like it's it's disturbing
01:34:06.540you know like it's okay if you put that label on it to take somebody out because as tyler robbins
01:34:12.160said some hate can't be negotiated out and there is a faction of the left that believes this they
01:34:18.120do and who's next on the list megan is what i want to know um who's the next health care ceo that
01:34:23.340that is okay to kill you know what i mean it's like the reign of robespierre who's who's next
01:34:27.780in the in the media landscape um if we're going to start killing people that want to engage in0.51
01:34:31.280dialogue who's next you know mark you me um like it's it never that list never ends and we've seen
01:34:40.080that with pol pot and stalin and mal and you know we could go back through political movements going
01:34:46.220back to ancient rome on that and i don't know if it's the people who forget history are doomed to
01:34:50.760repeated or if these people are so wrapped up in their own self-righteousness that they've decided
01:34:55.960that if they do it and their intentions are pure, therefore murder, the worst thing that any human
01:35:01.500being can do throughout history is somehow OK. And I still haven't wrapped my head around it.
01:35:06.320I'm still working on getting through the Luigi Mangione stuff for the same reason. But you're
01:35:11.460right, Megan. This is one of the other things about the conspiracy stuff that bothers me
01:35:15.400is that it's distracting from the real discussion that I think we need to be having as a country.
01:35:20.760And that is this can't be our future. And we all need to agree that we railed for months.
01:35:27.260We in the right wing and independent media about how the FBI, Joe Biden's FBI, would not release the so-called manifesto of that Nashville, Tennessee trans shooter.
01:35:38.600um this is a it was this is at a school her name was audrey hale and um we railed for months that
01:35:48.420they wouldn't release this person's manifesto about why they did it and what was and it was
01:35:53.340like all it was laden with trans references and mania from the trans stuff this is kind of the
01:36:00.140same thing this is a everything beyond what he's said on these bullet casings what everybody who
01:36:05.140knows him has said what he's made clear was his motivation and anything beyond that.
01:36:09.840I mean, look, you can spend time on it, but it amounts to the FBI cover up of what the
01:36:23.360And, you know, we ignore it at our peril.
01:36:26.640We've been ignoring so many of these murders at our peril because there are people on the
01:36:31.740left and the right who think the whole trans mania thing is just sort of a like whatever that's not0.62
01:36:37.820one of our real problems oh yes it is right and we're just mean we're just mean when we talk about
01:36:43.840it in that sense but i'm gonna at the risk of beginning my own mini conspiracy theory on your
01:36:49.120show i don't think the engravings on the bullet casings only show motivation clearly they do show
01:36:55.740motivation. I think when you look at the casings and you look at the very detailed text messages,
01:37:04.360in my mind, Tyler Robinson wanted to be caught. You do not leave a trail of breadcrumbs that
01:37:12.560large and that unmistakable unless at some point you want to get caught. You know,
01:37:20.340his attorneys are sitting there fighting over, well, you know what? The bullet information,
01:37:23.980The bullet fragments are inconclusive. Well, you know what? The bullet casings are not inconclusive.
01:37:29.960And so when you when you leave a digital trail, we talked about this on your show the other day,
01:37:34.300when you leave a digital trail with those messages, you know, is he is he writing a memoir?
01:37:38.400Oh, the crickets. Oh, they're so loud. But every single excruciating detail to his, you know, furry lover.
01:37:44.120When you know darn well, you know darn well they're going to get found.
01:37:48.220And you take the time to carve these engravings, telling your furry lover that you're going hunting.
01:37:53.660who the deer can't read like come on people this guy on some level wanted to be caught that's my
01:38:01.160mini conspiracy theory i'll leave it right there and but what i mean i don't disagree with you
01:38:06.940because look within 24 hours uh he was confessing to everybody to his lover to his parents to the
01:38:15.900deputy sheriff friend to discord it's one thing to confess to your lover and say delete these texts
01:38:21.640and you believe he will and maybe he won't. But like getting on discord and telling everybody
01:38:25.840by this point, he'd already agreed, Mark, to turn himself in. So I'm sure he's thinking,
01:38:29.800I don't care. You know, I'm he was reportedly suicidal. You know, the parents are trying to
01:38:34.520talk him out of taking his own life, according to the criminal information. And I guess it just
01:38:39.460given it up. But like there's been no examination of really what happened to Tyler Robinson.
01:38:45.740right what happened to him where he went from this kid who had a 4.0 according to his mom and
01:38:52.060got a scholarship to this decent university that he did not finish at to to this you're going to
01:38:59.100hear about it you know when you'll hear about it in the penalty phase and it'll come from the
01:39:03.800defense there's somebody right now dedicated to just that focus who's handling the second chair
01:39:09.940as we call it who's looking for everyone who ever said god bless you to any good deed he's ever done
01:39:15.580And they'll throw in there things like he surrendered.
01:39:20.820He allegedly felt sorry for what he had done and wished he didn't do it.
01:39:25.260And I know you think it's crap, but those facts in that environment may fuel one juror in believing, well, OK, then the scales tip in favor towards mitigation.0.95