PROVO, Utah (AP) — Lawyers for the man accused of killing conservative activist Charlie Kirk are expected to keep questioning the reliability of DNA testing that prosecutors said links the defendant to the suspected murder weapon when a weeklong hearing continues Wednesday.
A member of Tyler Robinson’s defense team interrogated a DNA analyst from the FBI on Tuesday about the techniques she used to connect Robinson to a rifle found wrapped inside a towel at Utah Valley University, where Kirk was shot in September while speaking to a crowd.
Defense lawyer Michael Burt cast doubt on the analyst’s conclusions — a theme that’s likely to come up again during a weeklong preliminary hearing.
“She can’t match Mr. Robinson to the questioned samples,” Burt concluded.
Deputy Utah County Attorney Ryan McBride countered that the reliability of the DNA testing could be examined if the case goes to trial. He suggested the preliminary hearing was not the time to take up the matter.
“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 yet entered a plea and his attorneys have not commented on his guilt or innocence. They have, however, sought to get the death penalty taken off the table, so far unsuccessfully.
Prosecutors must show they have enough evidence for a trial
FBI analyst Amanda Bakker said after Robinson’s roommate provided a DNA sample for comparison, she was able to rerun her tests and attribute all of the DNA to two people.
Investigators found the towel and suspected murder weapon — a bolt-action rifle with one spent round — in a wooded area near where Kirk was shot.
DNA on the towel matched to two people, Jennifer Faumuina with the State Bureau of Investigation testified. One was Robinson’s roommate, Lance Twiggs, and the other was very likely Robinson, she said
Prosecutors say they intend to seek the death penalty in the case. They are trying to convince Judge Tony Graf that they have enough evidence to bring Robinson to trial on an aggravated murder charge.
In a surveillance video shown in court from the day Kirk was killed, Robinson could be seen climbing over a railing onto a rooftop, crouching down and running to a site overlooking where the activist was speaking, Utah State Bureau of Investigation Agent David Hull testified Tuesday.
Hull said that after shooting Kirk, Robinson ran back across the roof, dropped to the ground and fled on foot.
Defense team pushes back
Defense attorney Kathryn Nester questioned Hull’s handling of the crime scene on the day of the shooting. She also asked about a bullet that was found on campus at a different location than the alleged site of the shooting.
Hull said that bullet was traced back to a law enforcement officer who had “cleared” his weapon, ejecting an unused bullet.
Prosecutors contend the shooting endangered others at Kirk’s campus event — an aggravating circumstance that could make the crime punishable by death under Utah law. Robinson also faces possible sentence enhancements based on the prosecution’s claim that he targeted Kirk because of his political views.
During one of several appearances on campus by Robinson on Sept. 10, Hull said the defendant went to the amphitheater where Kirk was later shot and contacted representatives of Turning Point USA, a group co-founded by Kirk that galvanized the conservative youth vote to help Trump win a second term.
The investigator did not detail what occurred during that interaction or if members of Kirk’s security team were present.
Robinson turned himself in after the shooting.
Prosecutors allege he confessed in a note left for Twiggs, who was also his romantic partner, that read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.” Robinson also sent a text saying he targeted Kirk because he “had enough of his hatred,” according to prosecutors.
Robinson’s defense team pushed back Tuesday on the idea that he was hostile to Kirk’s politics. Defense attorney Richard Novak sought to block prosecutors from introducing a statement describing the traditional Christian values of Turning Point USA.
“This doesn’t say anything about Mr. Robinson’s state of mind,” Novak said about the statement from Turning Point USA board member David Engelhardt. “I don’t think that this court should be deciding — based on the record before it — where, if at all, politics and religion intersect.”
The judge ruled that the Turning Point statement was relevant and would be “provisionally admitted” with a final decision at a later date.
