Defense Challenges DNA Evidence in Tyler Robinson’s Charlie Kirk Assassination Hearing in Provo, Utah

A weeklong preliminary hearing for the man charged with killing conservative activist Charlie Kirk has paused for the day and will resume Thursday in Provo, Utah, as defense and prosecution argue over evidence to be admitted.

Prosecutors are seeking to convince state District Judge Tony Graf that they have enough evidence to bring Tyler Robinson to trial on an aggravated murder charge, with prosecutors also seeking the death penalty.

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Defense attorneys have used portions of the hearing to question the reliability of DNA testing that prosecutors say links Robinson to the suspected murder weapon in Kirk’s fatal shooting on the Utah Valley University campus in September.

In court, defense lawyer Jeffrey Neiman said “to not be open and let the world see what happened will create doubt and distrust in the judicial system,” as the hearing weighs whether evidence should be public.

The case centers on whether prosecutors can meet the threshold for admission to trial, with Graf set to decide at the conclusion of this week’s hearing if the case should go forward.

During the hearing, defense attorney Richard Novak pushed back against the family’s request for public access to a video, saying the public seeing the video would undermine Robinson’s right to a fair trial.

Novak told the court, “There’s no surprise here,” describing the interview conducted with Lance Twiggs, Robinson’s romantic partner, and he said the defense created a 20-page transcript and a proposed redacted transcript of the admissible portions.

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Prosecutors called Utah State Bureau of Investigation agent Brian Davis, who testified that Robinson turned himself in at the Washington County Sheriff’s Office on Sept. 11 with his parents and a family friend, and that investigators collected his clothing, fingerprints and DNA under a search warrant.

Davis testified that Twiggs was interviewed twice, provided a DNA swab, and received limited-use immunity from state and federal prosecutors before cooperating, while prosecutors and defense attorneys sparred over whether Twiggs’ recorded interview could be played in court.

Judge Tony Graf ruled that most of Twiggs’ recorded interview could be admitted despite defense hearsay objections, while he barred about three minutes of the interview from being played publicly to avoid exposing potential jurors to evidence that may ultimately be inadmissible at trial.

Prosecutors allege Robinson confessed in a note left for Twiggs that read: “I had the opportunity to take out Charlie Kirk and I’m going to take it,” and they also allege Robinson sent a text to Twiggs saying he targeted Kirk because he “had enough of his hatred.”

“PROVO, Utah -- Prosecutors played a video clip in court Wednesday of suspect Tyler Robinson after he had turned himself in to Utah authorities a day after the shooting of conservative activist Charlie Kirk”

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Defense lawyers continued challenging DNA reliability, with defense lawyer Michael Burt arguing, “She can’t match Mr. Robinson to the questioned samples,” during questioning of FBI analyst Amanda Bakker.

Bakker testified that after Twiggs provided a DNA sample for comparison, she was able to rerun her tests and attribute all of the DNA to two people, and she said the testing did not identify Robinson as the source but found he could not be excluded as a possible contributor.

Investigators recovered a rifle wrapped in a dark towel from a wooded area near campus and a screwdriver from the Losee Center roof, and the towel and screwdriver were sent to the FBI for DNA analysis.

At the end of the weeklong hearing, Graf will decide whether prosecutors have enough evidence to bring Robinson to trial on an aggravated murder charge, with the defense seeking to get the death penalty taken off the table so far unsuccessfully.