{"id":138433,"date":"2026-07-10T12:10:40","date_gmt":"2026-07-10T18:10:40","guid":{"rendered":"https:\/\/www.durangoherald.com\/tj\/the-latest-defense-lawyers-question-reliability-of-evidence-in-killing-of-charlie-kirk-2\/"},"modified":"2026-07-10T12:12:19","modified_gmt":"2026-07-10T18:12:19","slug":"the-latest-defense-lawyers-question-reliability-of-evidence-in-killing-of-charlie-kirk-2","status":"publish","type":"post","link":"https:\/\/www.durangoherald.com\/tj\/the-latest-defense-lawyers-question-reliability-of-evidence-in-killing-of-charlie-kirk-2\/","title":{"rendered":"The Latest: Defense questions reliability of evidence in killing of Charlie Kirk"},"content":{"rendered":"

\"An
An image of a bullet casing engraved with the word "Catch!" is displayed during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo\/Spenser Heaps, Pool)<\/span>(AP Photo\/Spenser Heaps, Pool)<\/span><\/figcaption><\/figure>\n

A weeklong preliminary hearing<\/a> is done for now in the case of the killing of conservative activist Charlie Kirk<\/a>. Prosecutors aimed to show they have enough evidence against Tyler Robinson to proceed to a trial.<\/p>\n

The 23-year-old Robinson decided not to testify in the hearing. He’s charged with aggravated murder in the Sept. 10 assassination<\/a> of Kirk on the Utah Valley University campus. Prosecutors are seeking the death penalty. State District Judge Tony Graf didn’t say when he would rule.<\/p>\n

Robinson\u2019s lawyers called a final witness in an attempt to raise doubts about DNA evidence in the prosecution\u2019s case. The defense previously challenged the reliability of ballistics tests on a bullet fragment recovered from Kirk\u2019s body and fought the release of a recorded interview<\/a> with Robinson\u2019s roommate<\/a>, Lance Twiggs, as well as chat room messages Robinson wrote on Discord.<\/p>\n

The Latest:<\/p>\n

Preliminary hearing is done for now, final arguments will be in September<\/strong><\/p>\n

Both sides are done presenting evidence for the preliminary hearing and State District Judge Tony Graf has adjourned.<\/p>\n

The hearing won\u2019t resume until Sept. 1, when both sides will make their final arguments to the judge about whether Tyler Robinson should stand trial.<\/p>\n

The long break is intended to give the attorneys time to write legal briefs.<\/p>\n

Analyst says rifle DNA testing was at least \u20181 trillion times more likely’ to support inclusion of Tyler Robinson<\/strong><\/p>\n

The ATFE forensic biologist said under cross-examination that testing on swabs taken from several parts of the rifle and ammunition supports the conclusion that the DNA found was primarily contributed by Tyler Robinson.<\/p>\n

DNA from more than person was found on some of the items, Oliver told Deputy Utah County Attorney Ryan McBride. The testing also looks for the highest concentration of the DNA found on an item in order to help determine the \u201cmajor contributor\u201d of that DNA profile.<\/p>\n

The DNA samples on some parts of the rifle were at least 1 trillion times more likely to have been contributed by Tyler Robinson and one other unrelated person, than they were to have been contributed by two unknown, unrelated people, Oliver said.<\/p>\n

Defense questions forensic biologist about DNA testing techniques<\/strong><\/p>\n

Caitlin Oliver, a forensic biologist at the Bureau of Alcohol, Tobacco, Firearms and Explosives, is testifying about the DNA techniques used in the case.<\/p>\n

Items tested for DNA include a towel and rifle found in a wooded area near the Utah Valley University campus after the shooting and a rotary tool that Tyler Robinson\u2019s roommate told investigators the defendant used to engrave messages on bullets.<\/p>\n

Prosecutors tried to preemptively strike Oliver\u2019s testimony, saying the evidence is already overwhelming and devastating for the defense, but the judge wanted to hear it.<\/p>\n

Defense attorney Richard Novak asked Oliver about industry recommendations for describing DNA results, ways DNA samples are extracted and different testing methods. Oliver said her lab uses \u201clikelihood ratios\u201d and doesn\u2019t definitively conclude that a person\u2019s DNA was on an object.<\/p>\n

\u201cSo from a scientific standpoint, you couldn\u2019t … blast a headline in the media, \u2018Mr. Robinson\u2019s DNA found on this item,\u2019?\u201d Novak asked.<\/p>\n

Correct, Oliver said.<\/p>\n

Judge says news media camera can stay, but can\u2019t record video of evidence today<\/strong><\/p>\n

Graf said after reviewing livestream recording that it\u2019s clear the news media camera operator caught the issue first, about 14 seconds before the judge himself spotted it and asked that the exhibit be taken down.<\/p>\n

\u201cCompliance with court orders is essential in all proceedings,\u201d Graf says, and protecting the constitutional rights of both defendant Tyler Robinson and Charlie Kirk\u2019s widow Erika Kirk is \u201cparamount.\u201d<\/p>\n

Transparency for the public is also important, Graf said.<\/p>\n

Defense attorney Richard Novak wanted the judge to bar the news media camera from the courtroom for the rest of the preliminary hearing as well as for a Sept. 1 proceeding, when both sides will present final arguments over whether the case should go to trial.<\/p>\n

But Graf said the camera can stay, as long as it doesn\u2019t record video of any evidence presented. He later noted that the livestream\u2019s audio can capture discussion about such evidence.<\/p>\n

Media attorney says courtroom livestreams are a team effort<\/strong><\/p>\n

Typically, an announcement is made that an exhibit is going to be shown on the courtroom screen. That gives the camera operator a moment to redirect the camera or to wait a beat before focusing in, depending on what the judge has ordered.<\/p>\n

But in this case, prosecutors showed the exhibit with no warning, news media attorney Michael Judd said.<\/p>\n

Judd said the camera operator quickly realized what had happened and moved the camera away within about two seconds.<\/p>\n

Deputy Utah County Attorney Ryan McBride agreed that the image should not have appeared on the livestream, but told the judge the text of the messages \u2014 if not the actual image \u2014 had already been made public in law enforcement documents.<\/p>\n

Graf said he wants to review the livestream recording before deciding how to handle the violation.<\/p>\n

Judge is deciding how to handle a violation of an order barring some evidence from public view<\/strong><\/p>\n

Graf is taking a break to review livestream footage from Thursday, because a piece of evidence that was supposed to be kept from public view was briefly shown on camera.<\/p>\n

The evidence \u2014 an image of written communication between Tyler Robinson and his then-roommate and romantic partner \u2014 has been published and is even able to be purchased as photographic prints, defense attorney Richard Novak told the judge. He said the publication violated Robinson\u2019s fair-trial rights, and he wants the judge to issue sanctions, a kind of legal punishment.<\/p>\n

The judge allowed prosecutors to display an image of the evidence on Thursday, but said it could only be shown to the courtroom gallery. Later, prosecutors put up a side-by-side comparison of that image with another photo, and the side-by-side view was briefly caught by the news media camera operator, who quickly panned away.<\/p>\n

Salt Lake City woman came bearing gifts for the Kirk family<\/strong><\/p>\n

Tiani Shoemaker drove about an hour from her Salt Lake City home bearing gifts for Charlie Kirk\u2019s mother and hoping for a seat in the courtroom. Security turned her away.<\/p>\n

Shoemaker said she brought a hat decorated with the words, \u201clove like a mother,\u201d and a note expressing her condolences and admiration for Kathryn Kirk.<\/p>\n

The note was to tell Kirk that \u201cthe whole world\u2019s hurting because of the loss of your son,\u201d Shoemaker said, adding that she wanted to be \u201ca part of history.\u201d<\/p>\n

\u201cThis really is like the whole world is focused on little Provo, Utah right now,\u201d she said.<\/p>\n

Shoemaker said some of her friends and extended family members witnessed the shooting and were left traumatized. \u201cThey couldn\u2019t even be in large crowds for a while. It\u2019s really \u2014 it\u2019s upsetting, you know?\u201d<\/p>\n

Zoomed-in version of \u2018sniper\u2019s perch\u2019 video to be shown in court<\/strong><\/p>\n

The judge said at the close of Thursday\u2019s hearing that at the request of Kirk\u2019s family, he would allow to be shown inside the courtroom an altered version of a campus surveillance video that prosecutors said shows Robinson crawling out to a rooftop \u201csniper\u2019s perch\u201d before shooting Kirk.<\/p>\n

The unaltered video was previously shown. The altered version includes footage that zooms in on a figure that prosecutors said was Robinson and red marks that were added to the video.<\/p>\n

Court is in session<\/strong><\/p>\n

Graf is again reminding attendees of his courtroom rules, including restrictions on electronic devices for many attendees.<\/p>\n

Court security director says courtroom visitors shouldn\u2019t look at the parents<\/strong><\/p>\n

Chris Palmer, Court Security Director at Utah State Courts, spoke outside the courthouse as people lined up again hoping for a spot in the courtroom. He warned them that people in the gallery should not make the parents of Charlie Kirk or Tyler Robinson feel uncomfortable by looking at them during the hearing.<\/p>\n

\u201cThese people come here to get justice, and they don\u2019t need to feel like they\u2019re under a microscope from somebody sitting behind them or ahead of them,\u201d Palmer said.<\/p>\n

Joshua Carr of Provo, Utah, was among those in the gallery and said \u201cPeople were pretty respectful.\u201d<\/p>\n

\u201cI wasn\u2019t seeing people turning their heads. Again, we have the \u2014 the public was there. We had the Robinson family in front of us, we had the Kirk family behind us.\u201d<\/p>\n

Would-be court watchers hope persistence will pay off<\/strong><\/p>\n

Billie Webb of Salt Lake City was among the people who slept outside the courthouse all night hoping to get one of the few public seats inside the hearing.<\/p>\n

\u201cI\u2019ve tried to go every single day,\u201d Webb said Thursday night. \u201cToday I wasn\u2019t able to get in once again. I did get in yesterday for the first time. I did get in yesterday for the first time and I am absolutely determined to be there tomorrow.\u201d<\/p>\n

\u201cShowed up at 3 a.m. Today for this one. Still did not get in. I was 16th and there\u2019s 14 spots. So I will be camping all night here today. Probably 12 hours. 9 p.m. to 9 a.m.,\u201d she said.<\/p>\n

Score. Friday morning, Webb got the pink wristband she needed for a spot inside.<\/p>\n

There are only 14 seats for the public in the courtroom<\/strong><\/p>\n

People have been lining up early \u2014 sometimes sleeping outside the doors overnight<\/a> \u2014 in hopes of getting a wristband for a seat in the courthouse this week. Only 14 wristbands are given out each day, on a first-come, first-served basis.<\/p>\n

Chris Palmer, the court\u2019s director of security, warned Thursday morning that tents and other camping supplies won\u2019t be allowed as people seek a seat for the final day of the hearing Friday. He also warned against jumping in line or saving spots for someone else.<\/p>\n

Earlier in the week, court security said it discovered some people had bought colored wristbands to try to sneak in.<\/p>\n

Defense tries to sow doubt about ballistics evidence<\/strong><\/p>\n

One of Tyler Robinson\u2019s attorneys, Michael Burt, tried to inject doubt into the prosecution\u2019s case by challenging the reliability of ballistics tests on a bullet fragment recovered from Kirk\u2019s body.<\/p>\n

Authorities sought to tie the fragment to the suspected murder weapon, but the results were inconclusive.<\/p>\n

\u201cSaying anything but inconclusive was inappropriate,\u201d said Samantha Karner with the Bureau of Alcohol, Tobacco, Firearms and Explosives.<\/p>\n

The defense earlier in the week had questioned the reliability of DNA evidence that investigators said linked Robinson to the scene. Experts say the science behind DNA testing is sound.<\/p>\n

Robinson\u2019s attorneys plan to have a second person from ATF testify Friday.<\/p>\n

The prosecution ended its presentation Thursday afternoon.<\/p>\n

Testimony in five-day preliminary hearing wraps Friday<\/strong><\/p>\n

After testimony in the preliminary<\/a> hearing ends Friday, State District Judge Tony Graf will rule whether prosecutors have shown enough evidence to proceed to trial. But a decision from Graf won\u2019t come immediately.<\/p>\n

Attorneys on both sides say they\u2019d like the benefit of seeing the court transcript of the preliminary hearing and want to submit written briefs before Graf weighs in.<\/p>\n

That will take weeks to play out. Graf set oral arguments on the evidence presented in the preliminary hearing for Sept. 1.<\/p>\n

Graf tends not to make immediate rulings.<\/p>\n

\"Tyler
Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, watches a computer screen during testimony about comparison testing of bullets during a preliminary hearing at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo\/Spenser Heaps, Pool)<\/span>(AP Photo\/Spenser Heaps, Pool)<\/span><\/figcaption><\/figure>\n
\"Charlie
Charlie Kirk's parents, Kathryn, left, and Robert Kirk leave the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026, after a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk. (AP Photo\/Ty ONeil)<\/span>(AP Photo\/Ty ONeil)<\/span><\/figcaption><\/figure>\n
\"Judge
Judge Tony Graf speaks during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo\/Spenser Heaps, Pool)<\/span>(AP Photo\/Spenser Heaps, Pool)<\/span><\/figcaption><\/figure>\n
\"Brandi
Brandi Siciliani, right, and Billie Webb, second right, wait in line to get access to the limited public seating available at a preliminary hearing for Tyler Robinson, the Utah man accused of fatally shooting Charlie Kirk, in Provo, Utah, Friday, July 10, 2026. (AP Photo\/Ty ONeil)<\/span>(AP Photo\/Ty ONeil)<\/span><\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

An image of a bullet casing engraved with the word "Catch!" is displayed during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo\/Spenser Heaps, Pool)(AP Photo\/Spenser Heaps, Pool) A weeklong preliminary hearing is done […]<\/p>\n","protected":false},"author":1,"featured_media":138434,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5734],"tags":[],"naviga_topic":[],"class_list":["post-138433","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-associated-press"],"acf":[],"author_name":"Website Administrator","_links":{"self":[{"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/138433","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=138433"}],"version-history":[{"count":5,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/138433\/revisions"}],"predecessor-version":[{"id":138471,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/138433\/revisions\/138471"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/138434"}],"wp:attachment":[{"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=138433"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=138433"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=138433"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=138433"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}