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Let's get into it:
Today begins day four of the preliminary hearing in the murder of Charlie Kirk, for which Tyler Robinson has been charged. The hearing, which will determine if there is enough probable cause to proceed with a trial, has been contentious with many concerns about the transparency of the events being raised.
First off, we have to understand definitions. A preliminary hearing is in lieu of a case being brought before a grand jury. A grand jury would be presented evidence and asked to deliver an indictment. A trial would follow that. In this case, the judge is hearing from both prosecutors and defense and will be the one to make the determination as to probable cause.
The state prosecutors have brought many pieces of evidence into court, from DNA evidence linking Robinson and his trans lover Lance Twiggs to a screwdriver and towel found at the scene, to video evidence showing Robinson's movements across campus in the hours up to the shooting and into the early morning hours after. Additional video of Robinson turning himself in, accompanied by his parents, at the Washington County Sheriff's office was shown.
At issue on Wednesday, however, was much anticipated video evidence showing an interview between Utah County prosecutor Ryan McBride and Twiggs. Twiggs has been granted limited immunity in exchange for his cooperation in the case. The defense objected to the video, with attorney Richard Novak saying in court that the "vast majority of this video is Mr. McBride testifying, and Mr. Twiggs agreeing."
"If we were in a courtroom," Novak said, "it would be a leading examination, virtually from the start. I want to say that every single statement by Mr. Twiggs is just an affirmation of what Mr. McBride says." There are items, Novak said, that are part of the conversation between McBride and Twiggs that have not yet been entered into court.
Attorneys representing the media writ large objected, saying "So this interview appears to be such a critical piece of the case being presented here in this courtroom today. The media's position is that it should be shown on the screen, and that the public should be allowed to see it as well." Media filed a brief.
Attorneys representing the Kirk family also objected, albeit more strenuously. "The Kirk family believes strongly that if the evidence is being admitted in this preliminary hearing, it should be made public for the world to see. No redactions. This court has tools at its disposal to make sure the defendant receives a fair trial," Jeffrey Neiman said.
"To not be transparent here, to not be open, to not let the world see what happened, will create doubt and distrust in the judicial system. And that’s not what anybody wants, that's not what any of us believe should happen here, and we'd ask the court to consider the position of the family in making its ultimate decision."
In a filing late Wednesday, Neiman said "At a minimum, every exhibit entered into evidence during the preliminary hearing must be visible to every person lawfully present in the courtroom. To receive evidence in a manner shielded from those seated in the courtroom—as happened today—is not transparency. And in the absence of transparency, speculation and conspiracy theories related to the tragic assassination of Mr. Kirk will continue to proliferate in the public domain, breeding doubt and distrust in the judicial system. This is not what anyone should want."
Judge Graf ultimately admitted the video into evidence, that the video's audio could be played in court, but ruled that around 17 minutes must be redacted. However, I write this as we await the hearing to start, and we will see what happens.
Libby