Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 13) (9/10/26)

0:00Hi, this is Dave Roberts. Heading into summer without a medical emergency kit, that's a risk. Summer colds can linger and getting sick on vacation can derail everything. That's why everyone needs a medical emergency kit. It includes Dr. prescribed medications to treat common and serious illnesses. So if you wake up sick, at home or on the road, you already have what you need. It's like having an urgent care and pharmacy at home. Say $45 with code blue at urgentcarekit.com slash blue urgentcarekit.com slash blue. This is Dave Roberts. If you're heading into summer without a medical emergency kit, you're taking a risk most people don't think about until it's too late. Summer colds linger and can turn into sinus infections at last for weeks. Getting sick right before vacation can derail everything. And we are traveling, finding a doctor and pharmacy is stressful. That's why I ordered medical emergency kit. It's like having an emergency care and a pharmacy right at home. It includes essential prescriptions like a moxasillin and generic Z-pack to treat a wide range of common and serious illnesses.

1:00So if you wake up sick, at home or on the road, you already have what you need. No waiting for your doctor, no hours at urgent care, no pharmacy lines, no copays. Just match your symptoms to the right prescription in your guidebook or call their telemedicine doctor standing by. Start on your med sooner and feel better faster. Every home needs at least one medical emergency kit. 40 years online in minutes and it's shipped to your door and say $45 with promo code blue at urgent care kit.com slash blue. That's promo code blue at urgent care kit.com slash blue. What's up everyone and welcome back to the program in this episode. We're going to dive right back in today one of the Tyler Robinson prelim hearing question. All right. I think you related that originally the SBI was directed to come down just to see if you could help. I'm sure to say answer. Yeah. That was all I knew when I left the office was that go down and see what services. What we can do to help question and I ask you earlier if that role changed and I believe you said it did answer.

2:01Yep question. Okay. So let's talk about that. How did your role change from what you initially came down to do whatever it evolved into? Answer. Having been on scene for a little while. There were some conversations and discussions that took place and that was informed by my lieutenant that myself and agent Davis would be taking lead on the investigation on behalf of the state bureau of investigations. Question so the SBI was going to lead the investigative agency answer correct question and you were going to be the lead case agent answer. Yes sir question along with Agent Brown answer agent Davis question or agent Davis answer. Yep question. Okay. What does it mean to be the lead investigator or lead case agent answer. It depends on the situation but predominantly you're responsible for kind of directing the investigation coordinating information that's coming in. Typically scenes are fairly chaotic initially so you're trying to process as much information as possible and make as much use of the available resources that you have kind of.

3:07An organizational role would probably be a good way to describe it question. Okay. So you played an active role in organizing. Answer in coordination with the administration of all the agencies that were on scene. Yeah. We were trying to coordinate efforts to get to pertinent information as quickly as possible. Question. Do you recall whether assignments were made at least with the SBI agent that responded with you answer. Yeah. We have a core group within major crimes that were assigned specific tasks. Question. Okay. And did they include the agents that you mentioned just a minute ago answer. Yes. I believe so. Question. So each one of those agents with SBI were given a specific assignment answer. Yeah. With the information we had the agents were assigned to do specific things. Question and do you remember specifically what assignments and who they were given to answer. Yeah. Sergeant Fulmina was asked to coordinate with the state crime lab and the responding crime scene text to manage the process. Any identified crime scenes.

4:09Sergeant Mark Bricker was put in touch with UVU's surveillance and operations team to start working through any available footage or information that we had been recorded. Sergeant Clark was tasked with the area canvas around the campus area looking for information or any available information from the immediate area around the campus. Sergeant Ellie Schultz was working with the S I A C and other administration to try and manage the flow of information that had started to occur. Question. Okay. You said initially when you showed up things were a bit chaotic answer. Yes. Question. Did that have something to do with all the different agencies that had responded. Answer. Yeah. And I think initially there was still some uncertainty as to whether we were working with an active shooter or an active crime scene. The campus is spread over a large area and so getting that deemed to be safe is quite a process and it involved a lot of people. Question got you. Do you know if the campus was deemed safe eventually. Answer. Eventually my understanding is that the campus was locked down and secured and we were able to start getting people in to start processing crime scenes and doing additional things.

5:19Question. Okay. It sounds like that chaos eventually subsided. You got organized and assignments were made. What was the first thing that you did as lead investigator answer well it kind of became organized chaos. But we did have a plan and our priority was determining whether we had an ability or a way to be able to identify who had been involved in the shooting. Question. Okay. Answer. That was our primary focus at the time. Question. Okay. Did that include collecting information that was becoming available. Answer. Yeah. We were getting a large volume of information from the general public, phone tips, people sending videos, analysts were scrolling through social media and social sites as people were posting information onto the internet. So there was a lot of information coming in a lot of things that needed to be processed through and worked question. Okay. Were videos coming in answer. Yeah. Cell phone videos were coming in. If you imagine there's 3000 people at the event and everybody has a cell phone. There was a lot of information that people were willing to share with us.

6:22Question. Right. Do you know whether you or someone else at the SBI collected or received a video from an Amanda right answer. Yeah. I know a cell phone video was collected from Amanda right question. And do you know. Hall cuts them off by amber right. McBride. I'm sorry. Hall amber right. Question. Oh, I'm sorry. Amber. Well, you tell me Amanda or Amber. Answer Amber question. Okay. I apologize for that wrong first name. Do you know who or how that video was collected. Answer. Yeah. I spoke with Ms. Right directly on the phone to arrange a time to go and collect that video. Unfortunately, she wasn't available that day. But Agent Davis was able to go meter directly and collect the video. Question and do you recall what date you actually spoke to Ms. Right answer. If I can refresh my recollection, I specifically question. Sure. Let me ask you this before you do that. Answer. Yes, sir. Question. So you have in front of you. What your police report answer. I have some notes and a timeline from my investigation. That was part of discovery.

7:28Question and referencing that timeline or those notes. Will they help you recall the day that you call Ms. Right answer. They will. Yes. Question. Okay. Why don't you go ahead and refer to that. Don't read from it out loud. Just take a minute. Let me know when you've come across that information and once you refresh your memory. Kathy Nester jumps in your honor when he's done. May I take a look at the material as well, please. Judge graph. You may. Now back to Mr. Hall question. Ms. Right was contacted on April 7th. Question by Mr. McBride. Okay. Did you want Kathy Nester? Yeah. McBride. Okay. Judge graph. Ms. Nester. If you'd like to come forward. Ms. Nester may I approach your honor. Mr. Hall. That is my time and dates. Question by Mr. McBride. Yep. Judge graph. Mr. Sturgeon. When you go back. If you wouldn't mind shifting the lectern to my right question. So you've had a moment to look at your notes. Answer. Yes. Sir. Question. Did that help you remember the date that you contacted Ms. Right answer. It did. Yes. Question. Okay. Why don't you go ahead and tell us what date you contacted Ms. Right answer. I contacted her. I think it was April 6th. Specifically. But age and Davis. Meowther. On April 7th.

8:45Question. Okay. Well, that was going to be my next question. So you actually talked tour or was it on the phone answer. It was yes. Question. And did you arrange a time for either you or age and Davis to go get the video from Ms. Right answer. Yes. Question. Is that how it happened answer. Yes. Question. And then you didn't go. It was Agent Davis that went answer. Correct. Question. Okay. Gotcha. And so what if anything has been done with that video in preparation for today. Answer my understanding is that some edits were made by your office in order to protect some of the participants in the video. Question. Okay. Let me ask you this. Did you or Agent Davis visit with Ms. Right again. This is Dave Roberts. If you're heading into summer without a medical emergency kit, you're taking a risk. Most people don't think about until it's too late summer coldslinger and can turn into science infections at last for weeks. Getting sick right before vacation can derail everything. And we're traveling finding a doctor and pharmacy is stressful. That's why I ordered medical emergency kit. It's like having an emergency care and a pharmacy right at home. It includes essential prescriptions like a moxasillin and generic Z-pack to treat a wide range of common and serious illnesses. So if you wake up sick at home or on the road, you already have what you need. No waiting for your doctor, no hours at urgent care, no pharmacy lines, no copays, just match your symptoms to the right prescription in your guidebook or call their telemedicine doctor standing by. Start on your med sooner and feel better faster.

10:12Every home needs at least one medical emergency kit 40 years online in minutes and it's shipped to your door and say $45 with promo code blue at urgent care kit dot com slash blue. That's promo code blue at urgent care kit dot com slash blue. This is Ashley like you're at the from the almost famous podcast you ever notice you and your spouse keep saying we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resort past calm. There are hundreds of hotel resorts pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort pool spa massage without booking an overnight stay and listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking this is exactly what I needed. So just go to resort past calm, choose your resort, choose your day luxury resort day passes start at just $1,500. Once you post your day,

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12:16Pay partnership with Lily. Respect your time. Ask your doctor about Epless and visit Epless.com or call 1-800-LilyRX or 1-800-545-5979. Answer yeah, that was in April. And that was where my correction was. The video was originally provided to Agent Mortensen, so I m a spoke. Question okay, let's go back and let's make sure this is very clear. Answer sure. Question okay, so someone with the SBI collected a video. Answer yes. Question from Amber Wright. Answer yes. Agent Mortensen contacted Miss Wright on October 8th and a video was provided to him electronically on October 11th. Question okay, and now we'll ask the next question. What if anything has been done either by you or another agent with that same video in preparation for today's hearing? Question we contacted Miss Wright to arrange a meeting so that Miss Wright could review the video and that we could verify first hand with her that the video was what she had taken on September 10th at the event at UVU.

13:20Question okay, and who had that follow up visit with Miss Wright. Answer that was Agent Davis. I was not able to attend. Question okay, and you know what happened because you spoke with Agent Davis. Answer I spoke to Agent Davis and he provided me with a written statement that Miss Wright had completed. Question okay, answer and 1102. Question okay, and so you have seen that written statement. Answer I have yes. Question and you read through it. Answer I have. Question, do you recall whether the statement was on a form or a piece of scratch paper? What do you recall? Answer my recollection was it was on official I believe a state bureau 1102 statement, which is a written form that's filled out by a witness that contains the 1102 warning. Question and by that do you mean the advisory that the statement that's written on that piece of paper is going to be used at a prelim hearing? Answer yeah. Question it includes that advisory answer yes. Question does it also include a warning that if someone provides a false statement in this case Miss Wright that it could be punishable by a class A misdemeanor. Answer it does yes.

14:29Question all right. And what do you recall in the essence of that written statement from Miss Wright? I mean what does it basically say to this we have an objection. Cathy Nester, object your honor at this point we want to assert our standing objection to the constitutionality of allowing in Miss Wright statement when she is not here to present it in court or be cross examined. We did include those constitutional arguments in our standing objection also this does fall under the type of document that should be safeguarded under rule four 202-02 8F. As in Frank and or should be classified as protected under subsection five zero as an orange because the disclosure could jeopardize the life safety or property of the witness. It's also technically a victims. I mean if she's present under the current theory and the information she's technically could be classified as a victim of the event. So it also should be protected under that. So we would object to being to it being read in public it would not be admissible at trial in the current format that is due to its hearsay nature.

15:33We do think it would negatively impact our clients right to a fair trial and furthermore I believe the witness herself has requested that particularly because the video contains images of minor children which I know the state is made in effort to redact but nevertheless the reference to the miners I think would still fall under the protection. And so for all the reasons we want to object to that coming out in public and being discussed in the public forum and being published in any way and we object to it coming in. Judge graph alright and so if you want mine just restating the rule that you're allying upon so I can fully look at your objection. Nester it's the UCJA the Utah Ogaish Code of Judicial Administration I just blanked the Utah Code of Judicial Administration for rule 4202.028f as in Frank and or 50. Judge graph alright thank you. I'm just getting there I want to review this before I hear from Mr. Sturgeon alright I review that now the prosecution well judge let me address I guess a couple of things.

16:39Miss Nester actually brought up I think both the 11.02 statement that we intend to produce and sort of refer to the video so let me address each of those one at a time. With regard to the 11.02 statement that was prepared by Miss Wright judge it was gathered in compliance with the Utah rules of evidence 11.02 specifically subsection B8. It's a statement that was gathered by an SBIA agent it was prepared with knowledge of the advisory that was going to be used at the prelim hearing and it also included the warning that if a false statements given it's going to be a class A. Miss demeanor judge I don't know what additional foundation you'd like well that's kind of where I was going judge is I was trying to lay a little bit more foundation just introduce that statement alone I haven't gotten yet to the video but with regard to the 11.02 statement. It's been collected in compliance with rule 11.02 as I stated B3 or B8 and as we all know rule 11.02 allows reliable hearsay as does the state constitution article 1 section 12.

17:43Judge graph so what exhibit will this be I want to look at it not for the purpose of has a magistrate taken it into evidence but to see if it comports with rule 11.02 is stated because I haven't seen it. And I haven't done the analysis to see what the objection is prosecution judge it states exhibit 6.1. Kathy Nester in your honor just for the record we just want to make a record to that it's difficult for the court to make a reliability finding when the individual is not here to be tested and cross examined and for those same reasons that we list in our standing objection we just want to reiterate to the court that we think it really hampers you from making that reliability determination. Judge graph thank you anything further prosecution answer well just the 11.02 doesn't require that judge it doesn't require the witness be here to corroborate the statement that they've already prepared judge graph alright alright I've had a chance to review states exhibit 6.1 taking into note what Miss Nester said you see J.A. for dash 202.02 in referencing the section she did.

18:52Prosecution jumps in and judge I don't mean to interrupt but I had not yet the address of the rule I would simply just add to that the judicial rule it has nothing to do with admissibility it's simply publishing it I'm sorry judge graph OK so let me just hear your full argument answer I didn't realize you wanted to hear all of it I thought you were going to rule on 11.02 judge graph well I want to focus on the 11.02 I want to keep this clean. All right folks we're going to wrap up right here and in the next episode we're going to pick up with a prosecution making their case to judge graph. And that will be at 448 32 all the information that goes with this episode can be found in the description box this is actually a committee from the almost famous podcast you ever notice you in your spouse keep saying we need to get away but you never actually plan anything that was us until we did something fun and spontaneous we went to resort past and I'm thinking this is exactly what I needed so just go to resort past calm choose your resort choose your day luxury resort day passes

20:18start at just $25 once you post your daycation people are going to ask where you are good resort past calm slash almost famous and use the promo code almost famous to get $20 off when you spend $100 that's code almost famous at resort past calm slash almost famous. Hey it's Kelly Rowland you may not know this but I have Xima so I get how it can steal your time but why let Xima take over when you can talk to your doctor about Epglis. Epglis Lebrichizmab LBKZ a 250 milligram per 2 milliliter injection is a prescription medicine used to treat adults and children 12 years of age and older who weigh at least 88 pounds or 40 kilograms with moderate to severe Xima also called a topic dermatitis that is not well controlled with prescription therapies used on the skin or topicals or who cannot use topical therapies Epglis can be used with or without topical corticosteroids don't use if you are allergic to Epglis allergic reactions can occur that can be severe I problems can occur tell your doctor if you have newer worsening I problems you should not receive a live vaccine when treated with Epglis

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