Describing the Monday hearing in Judge Tony Graf Jr.’s courtroom, attorney Gerard Filitti said the prosecution is introducing evidence meant to convince Judge Graf to move from an evidentiary hearing to a jury trial for defendant Tyler Robinson.
“My take is that, so far, the state is doing what it needs to do and is putting on a case for why Tyler Robinson needs to be bound over for trial on these charges,” Filitti told AFR show host Jenna Ellis.
The legal drama happening in the Provo, Utah courtroom comes 10 months after a sniper’s bullet struck Kirk in the neck (pictured at left), killing him.
The fatal shooting happened while the popular Turning Point USA founder was speaking to a crowd of 3,000 on the Utah Valley University campus.
During the Tuesday hearing, Utah State Bureau of Investigation Agent David Hull described Robinson's movements on the UVU campus in the hours before the fatal shooting.
Prosecutors played campus surveillance footage of Robinson as Hull testified, according to an Associated Press story.
Authorities allege Robinson shot Kirk from the roof of an UVU campus building, the Losee Center, using a bolt-action Mauser rifle, a World War 2 relic and family heirloom. The rifle, which belonged to Robinson’s grandfather, was found hidden in a nearby wooded area wrapped in a towel.
The evidence against Robinson, which is damning and lengthy, includes DNA evidence; a note to his boyfriend stating his plans; text messages and online messages admitting to the killing; and surveillance video footage of Robinson arriving on campus and fleeing after the shooting.
After the fatal shooting, Robinson’s own family recognized the rifle, and recognized him in camera footage, and his father convinced Robinson to turn himself in to authorities.
He is facing seven felony charges, including aggravated murder, and prosecutors are seeking the death penalty.
Despite that long list of evidence, Filitti said Judge Graf is moving methodically through the state’s evidence. Some of that evidence introduced Monday, referred to as Exhibit 8, is a Turning Point videographer’s footage from the event from three cameras. One of those cameras was placed right in front of Kirk, showing a close-up of his gruesome murder.
The introduction of Exhibit 8 has gained a lot of attention after Judge Graf, viewing the footage alone from the bench, could be seen flinching when the fatal shot rings out and Kirk falls.
Even though he ruled Exhibit 8 could be admitted, Judge Graf also ruled the video footage would not be made public because of its graphic nature.
Filitti told Ellis he believes Judge Graf, being careful, made a smart decision.
“The judge wants to be careful not to taint the potential jury pool,” Filitti explained.
Ellis, who is herself a legal analyst, complained about a “peanut gallery” on social media that is floating conspiracy theories with no legal understanding of this week's hearing.
“That the judge is somehow bought off, or he's working with the prosecution, and he’s suppressing the evidence from the public,” Ellis said.
“These are just things that sound salacious on social media, and maybe go to these conspiracy theories,” she added, “but really have no basis if you really understand what the proceedings are for and why the judge is making this decision.”
“The evidence is really meant to convince the judge,” Filitti told Ellis. “It's not there to convince the general public”
