“This Court may not bind over Mr. Robinson based upon the State’s evidence consisting primarily of hearsay that has not been assessed for reliability,” such as Discord messages.
In a new filing, the defense representing Tyler Robinson, the man charged with killing Turning Point USA founder Charlie Kirk, argued that state prosecutors failed to prove probable cause during July's preliminary hearing, and that Judge Tony Graf should not allow the case to move to trial. They also argued that the state did not meet its burden of proof to support aggravating factors in Kirk's murder. During the week-long preliminary hearing, the state presented evidence in an effort to establish probable cause to the judge.
The defense said that the state “wholly fails to carry its burden of proof” with the presentation of evidence during the hearing that Robinson “knowingly created a great risk of death to another other than Charlie Kirk and the defendant," an aggravating factor to the charges. The aggravating factor is the basis of the state's decision to seek the death penalty in the case.
“The State is required, as a matter of law, to show more than a ‘possibility’ that someone else may be killed by defendant’s conduct, rather that there was a ‘high probability’ of that result and that the defendant knew of that high probability. And where the State has overwhelmingly failed to make this showing, it asks this Court to expand Utah’s narrow construction of the ‘great risk of death’ aggravator using decades old cases from another state jurisdiction,” the defense wrote.
The defense said that the state “has not shown and cannot show probable cause” to support the charge of aggravated murder. The defense said that the Utah Supreme Court has identified “a minimum set of factual circumstances which must be present” for the aggravator of “knowingly created a great risk of death to another,” abbreviated to KGRD in the filing, “to be applied in a constitutionally valid manner.” The defense said that those constitutionally required factors are not present.
The defense said that the state failed to provide reliable evidence supporting the “victim targeting enhancement,” with the state saying that Robinson had targeted Kirk based on the Turning Point founder’s political views.
The defense argued that “In relying largely on hearsay deemed reliable by rule, the State has failed to prove probable cause by reliable evidence that satisfies each element of each of the charged evidence. For this reason alone, this Court must decline bindover.”
The filing added, “In addition, the State has not provided this Court with sufficient evidence, as a matter of law, to satisfy the sole alleged aggravator in the Information. Under controlling constitutional law and Utah Supreme Court interpretation, the Court cannot find based on the State’s evidence that the circumstances presented a great risk of death to another other than Charlie Kirk and himself, and that the shooter knew of this “high probability” of death of another. Finally, the Court should decline to bindover on the State’s alleged aggravators and Counts 6 and 7 where the State requires this Court to speculate in the absence of evidence to establish essential elements.”
The defense cited evidence such as Robinson’s communications on Discord, text messages, and Utah Valley University surveillance footage, saying, “This Court may not bind over Mr. Robinson based upon the State’s evidence consisting primarily of hearsay that has not been assessed for reliability.”
The defense argued that the state’s “extensive” reliance on hearsay evidence deemed reliable under Rules of Criminal Procedure “violates Mr. Robinson’s constitutional rights and separation of powers principles.”
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