The Latest: Testimony concludes in pre-trial hearing in Charlie Kirk killing

The Latest:

Some emotional final moments in the courtroom for the Kirk family

At the end of the day’s proceedings, the judge allowed Kirk’s family and the rest of those in the courtroom to view an edited, enhanced version of the surveillance video that prosecutors said showed Tyler Robinson at the time of the shooting.

Graf agreed to show the video in court — but out of view of the media camera’s livestream — after Jeffrey Neiman, the Kirk family’s attorney, argued that they had a right to see evidence the judge would consider when deciding whether to send Robinson to trial.

The video then played, showing someone on the rooftop where Robinson allegedly fired a single bullet that hit Kirk in the neck.

Kirk’s widow, Erika, watched intently as the person ran across the roof, but when the figure dropped to a crawl near the roof’s edge, she turned and embraced Kirk’s mother, who was crying. They held each other and looked away until the video was almost over.

Kirk family calls preliminary hearing a ‘step forward in the pursuit of justice’

Kirk’s family released a statement shortly after the court session ended expressing gratitude for the support and prayers offered to them and saying the preliminary hearing “marks an important step forward in the pursuit of justice for Charlie.”

“As difficult as these last few days have been, it brings our family comfort to know that the world has witnessed the overwhelming evidence of what occurred to Charlie that day,” the family wrote.

“Nothing will ever undo the loss of our beloved Charlie. As this case moves into its next phase, we pray that truth will continue to be heard through a process that is fair, transparent, and grounded in the facts.”

Attorney Jeffrey Neiman, who represents the Kirk family, left the courthouse without answering questions.

Utah Sen. Mike Lee says evidence against Robinson is ‘damning’

The Republican senator attended Tyler Robinson’s preliminary hearing on Thursday, along with far-right influencer Jack Posobiec.

“It’s damning,” Lee said in a video he posted to the social media site X. “It contains multiple confessions by the defendant Tyler Robinson acknowledging not only that he killed Charlie Kirk, but acknowledging that he did so having planned it in advance in great detail and acknowledging at one point that he was motivated by hate.”

Preliminary hearing is done for now, final arguments will be in September

Both sides are done presenting evidence for the preliminary hearing and State District Judge Tony Graf has adjourned.

The hearing won’t resume until Sept. 1, when both sides will make their final arguments to the judge about whether Tyler Robinson should stand trial.

The long break is intended to give the attorneys time to write legal briefs.

Analyst says rifle DNA testing was at least ‘1 trillion times more likely' to support inclusion of Tyler Robinson

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.

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 “major contributor” of that DNA profile.

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.

Defense questions forensic biologist about DNA testing techniques

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

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’s roommate told investigators the defendant used to engrave messages on bullets.

Prosecutors tried to preemptively strike Oliver’s testimony, saying the evidence is already overwhelming and devastating for the defense, but the judge wanted to hear it.

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 “likelihood ratios” and doesn’t definitively conclude that a person’s DNA was on an object.

“So from a scientific standpoint, you couldn’t ... blast a headline in the media, ‘Mr. Robinson’s DNA found on this item,’?” Novak asked.

Correct, Oliver said.

Judge says news media camera can stay, but can’t record video of evidence today

Graf said after reviewing livestream recording that it’s 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.

“Compliance with court orders is essential in all proceedings,” Graf says, and protecting the constitutional rights of both defendant Tyler Robinson and Charlie Kirk’s widow Erika Kirk is “paramount.”

Transparency for the public is also important, Graf said.

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.

But Graf said the camera can stay, as long as it doesn’t record video of any evidence presented. He later noted that the livestream’s audio can capture discussion about such evidence.

Media attorney says courtroom livestreams are a team effort

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.

But in this case, prosecutors showed the exhibit with no warning, news media attorney Michael Judd said.

Judd said the camera operator quickly realized what had happened and moved the camera away within about two seconds.

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 — if not the actual image — had already been made public in law enforcement documents.

Graf said he wants to review the livestream recording before deciding how to handle the violation.

Judge is deciding how to handle a violation of an order barring some evidence from public view

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.

The evidence — an image of written communication between Tyler Robinson and his then-roommate and romantic partner — 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’s fair-trial rights, and he wants the judge to issue sanctions, a kind of legal punishment.

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.

Salt Lake City woman came bearing gifts for the Kirk family

Tiani Shoemaker drove about an hour from her Salt Lake City home bearing gifts for Charlie Kirk’s mother and hoping for a seat in the courtroom. Security turned her away.

Shoemaker said she brought a hat decorated with the words, “love like a mother,” and a note expressing her condolences and admiration for Kathryn Kirk.

The note was to tell Kirk that “the whole world’s hurting because of the loss of your son,” Shoemaker said, adding that she wanted to be “a part of history.”

“This really is like the whole world is focused on little Provo, Utah right now,” she said.

Shoemaker said some of her friends and extended family members witnessed the shooting and were left traumatized. “They couldn’t even be in large crowds for a while. It’s really — it’s upsetting, you know?”

Zoomed-in version of ‘sniper’s perch’ video to be shown in court

The judge said at the close of Thursday’s hearing that at the request of Kirk’s 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 “sniper’s perch” before shooting Kirk.

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.

Court is in session

Graf is again reminding attendees of his courtroom rules, including restrictions on electronic devices for many attendees.

Court security director says courtroom visitors shouldn’t look at the parents

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.

“These people come here to get justice, and they don’t need to feel like they’re under a microscope from somebody sitting behind them or ahead of them,” Palmer said.

Joshua Carr of Provo, Utah, was among those in the gallery and said “People were pretty respectful.”

“I wasn’t seeing people turning their heads. Again, we have the — the public was there. We had the Robinson family in front of us, we had the Kirk family behind us.”

Would-be court watchers hope persistence will pay off

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.

“I’ve tried to go every single day,” Webb said Thursday night. “Today I wasn’t 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.”

“Showed up at 3 a.m. Today for this one. Still did not get in. I was 16th and there’s 14 spots. So I will be camping all night here today. Probably 12 hours. 9 p.m. to 9 a.m.,” she said.

Score. Friday morning, Webb got the pink wristband she needed for a spot inside.

There are only 14 seats for the public in the courtroom

People have been lining up early — sometimes sleeping outside the doors overnight — 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.

Chris Palmer, the court’s director of security, warned Thursday morning that tents and other camping supplies won’t 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.

Earlier in the week, court security said it discovered some people had bought colored wristbands to try to sneak in.

Defense tries to sow doubt about ballistics evidence

One of Tyler Robinson’s attorneys, Michael Burt, tried to inject doubt into the prosecution’s case by challenging the reliability of ballistics tests on a bullet fragment recovered from Kirk’s body.

Authorities sought to tie the fragment to the suspected murder weapon, but the results were inconclusive.

“Saying anything but inconclusive was inappropriate,” said Samantha Karner with the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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.

Robinson’s attorneys plan to have a second person from ATF testify Friday.

The prosecution ended its presentation Thursday afternoon.

Testimony in five-day preliminary hearing wraps Friday

After testimony in the preliminary 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’t come immediately.

Attorneys on both sides say they’d like the benefit of seeing the court transcript of the preliminary hearing and want to submit written briefs before Graf weighs in.

That will take weeks to play out. Graf set oral arguments on the evidence presented in the preliminary hearing for Sept. 1.

Graf tends not to make immediate rulings.