PROVO, Utah (AP) 鈥� A former campus police officer testified Monday that he found an apparent 鈥渟niper pad鈥� on a rooftop near where , as prosecutors sought to convince a state judge they have enough evidence to put a for murder.
Former Officer Christopher Bagley said he witnessed Kirk’s shooting while the conservative activist was speaking on Sept. 10 to a crowd of thousands. Soon after, Bagley searched a nearby gravel rooftop, where it appeared someone had been lying prone with a clear sightline to Kirk’s location, he said.
鈥淚t looks like a sniper pad,鈥� Bagley said, adding, “you鈥檝e got markings of elbows, knees and feet.鈥�
The testimony came as Kirk鈥檚 parents, Kathryn and Robert, and his widow, Erika, were in the courtroom for the first time since the case began, along with the president’s son Donald Trump Jr.
Prosecutors are seeking the death penalty for defendant , 23, who is . Robinson鈥檚 parents also were present, sitting a few rows behind the Kirks.
The five-day preliminary hearing that began Monday is expected to mark the most significant presentation of evidence to date in the case. There were no major revelations on the first day, although prosecutors aired new video that investigators believe showed Robinson getting in and out of his vehicle on Sept. 10 and 11.
Robinson the day after the shooting. He has not yet entered a plea, and his attorneys have not commented on his guilt or innocence. They have, however, sought to get the taken off the table, so far unsuccessfully.
A low threshold for prosecutors
Prosecutors showed several videos of Kirk’s shooting as they made their case to state District Judge Tony Graf. Attorneys from both sides tried to shield their monitors from courtroom spectators, after Graf said the assassination videos couldn’t be publicized because of their graphic nature.
The sound was still audible in court 鈥� Kirk’s response to a question about mass shootings in the U.S. is interrupted by a loud pop, followed by screams.
Kirk鈥檚 family briefly stepped out of the courtroom twice 鈥� when investigators began testifying about the day of the shooting and again when prosecutors introduced the graphic videos.
David Hull, who was an agent with the State Bureau of Investigation at the time of Kirk鈥檚 killing, said investigators reviewed hundreds of hours of video to track the suspect’s movements before and after the shooting. He pointed out Robinson in court after prosecutors asked him if the suspect he identified during his investigation was in the room.
The proceeding this week , but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk. The standard is lower than for a trial, where prosecutors must prove guilt 鈥渂eyond a reasonable doubt.鈥�
Prosecutors, as a result, should have little trouble advancing their case, said Mark Kouris, a former prosecutor and state judge in Salt Lake City.
鈥淭his standard is extremely low and the chances of them not getting through it are, quite frankly, almost nothing,” said Kouris, now an adjunct professor at the University of Utah鈥檚 S.J. Quinney College of Law.
Defense attorney Kathryn Nester repeatedly objected to evidence introduced by prosecutors. She was mostly overruled by the judge.
However, Graf sided with the defense to block the introduction of a compilation of surveillance videos from Utah Valley University because some had been altered to zoom in or had circles drawn around individuals. Prosecutors said they would try again Tuesday to introduce that video with the alterations removed.
Nester asked Bagley, the prosecution鈥檚 first witness, about finding an empty pistol holster on the ground after the crowd fled. Bagley acknowledged he never took custody of the holster and didn鈥檛 know whether it had been fingerprinted.
Utah is an open carry state, meaning people can or conceal them without a permit.
Roommate’s recorded testimony could be focal point
Prosecutors have said they also plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings and witness statements. They are expected to argue the shooting endangered others at Kirk鈥檚 campus event 鈥� an aggravating circumstance that could make the crime punishable by death under Utah law.
Prosecutors allege Robinson confessed in a note left for his roommate, who was also his romantic partner, that read: 鈥淚 had the opportunity to take out Charlie Kirk and I鈥檓 going to take it.鈥�
Robinson’s roommate is not expected to testify in person during the hearing. Still, the roommate’s recorded testimony could be a focal point for prosecutors. Besides the alleged confession note, Robinson reportedly texted his roommate that he targeted Kirk because he 鈥渉ad enough of his hatred,鈥� prosecutors have said.
Erika Kirk says court proceedings are a ‘painful reminder’
Before his death, Kirk and the organization he co-founded, Turning Point USA, to help President Donald Trump win a second term.
The Republican president has said he hopes Robinson receives the death penalty.
said during her husband’s memorial service that she forgives Robinson.
Ahead of Monday’s hearing, she thanked supporters in a statement for their kindness and prayers.
鈥淓very court proceeding serves as a painful reminder of his death,鈥� she wrote, 鈥渁nd the loss that has irrevocably impacted our lives and the lives of his children.鈥�
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Brown reported from Billings, Montana.
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