Lawyers for the man accused of fatally shooting conservative activist Charlie Kirk intensified their attack on the prosecution’s DNA evidence Tuesday, arguing it does not conclusively link their client to the suspected murder weapon as a high-stakes court hearing continued.
Tyler Robinson is charged with aggravated murder in the September killing of Kirk, who was shot while addressing a crowd at Utah Valley University. Prosecutors are seeking the death penalty.
During the preliminary hearing, defense attorney Michael Burt challenged FBI forensic analyst Amanda Bakker over the DNA testing used to connect Robinson to a bolt-action rifle recovered wrapped in a towel near the shooting scene.
“She can’t match Mr. Robinson to the questioned samples,” Burt argued.
Deputy Utah County Attorney Ryan McBride responded that disputes over the DNA evidence are matters for a trial, not a preliminary hearing, where prosecutors need only show there is enough evidence for the case to proceed.
“The point is there are explanations that are susceptible to different interpretations and arguments,” McBride said. “The court is going to determine if it meets the threshold of reliability at trial.”
Robinson has not entered a plea. His attorneys have not publicly addressed his guilt or innocence but have unsuccessfully sought to prevent prosecutors from pursuing the death penalty.
Bakker testified that after investigators obtained a DNA sample from Robinson’s roommate, Lance Twiggs, she reanalyzed the evidence and concluded the DNA recovered from the towel belonged to two people.
Jennifer Faumuina of the Utah State Bureau of Investigation testified those two people were Twiggs and someone she said was “very likely” Robinson.
Investigators recovered the towel and the rifle, which contained one spent cartridge, in a wooded area near where Kirk was shot.
Prosecutors are trying to persuade Judge Tony Graf that they have enough evidence to send Robinson to trial.
Surveillance video shown in court allegedly captured Robinson climbing onto a rooftop overlooking the event before crouching near where Kirk was speaking, according to Utah State Bureau of Investigation Agent David Hull.
Hull testified that after the shooting, the suspect was seen running back across the roof, dropping to the ground and fleeing on foot.
The defense also challenged investigators’ handling of the crime scene. Attorney Kathryn Nester questioned Hull about a bullet recovered elsewhere on campus. Hull testified it was later traced to a law enforcement officer who had ejected an unfired round while clearing a weapon.
Prosecutors allege Robinson endangered others at the event, an aggravating factor that could make the killing eligible for the death penalty under Utah law. They also contend he targeted Kirk because of his political views, which could lead to additional sentence enhancements if he is convicted.
Hull testified Robinson visited the campus multiple times on Sept. 10, including approaching representatives of Turning Point USA, the conservative organization co-founded by Kirk. The investigator did not describe what occurred during that encounter.
According to prosecutors, Robinson later surrendered to authorities after allegedly leaving a note for Twiggs stating, “I had the opportunity to take out Charlie Kirk and I’m going to take it.” Prosecutors also allege Robinson sent a text message saying he targeted Kirk because he had “had enough of his hatred.”
Defense attorney Richard Novak argued prosecutors should not be allowed to introduce a statement describing Turning Point USA’s traditional Christian values, saying it did not establish Robinson’s state of mind.
“I don’t think that this court should be deciding — based on the record before it — where, if at all, politics and religion intersect,” Novak said.
Judge Graf ruled the statement could be provisionally admitted, with a final decision to be made later in the case.
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