The weeklong for the man accused of killing conservative activist Charlie Kirk entered its second day on Tuesday.
Prosecutors aim to show that they have enough evidence against Tyler Robinson to proceed to a trial. After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed, which experts say is likely.
Robinson, 23, is charged with aggravated murder in Kirk鈥檚 on the Utah Valley University campus, for which prosecutors are seeking the death penalty. Robinson鈥檚 attorneys have not commented on his guilt or innocence.
The preliminary hearing is set to resume Wednesday at 1 p.m.
Here’s the latest:
People connected to the case are clearing out of the courthouse
Tyler Robinson鈥檚 parents have left the courthouse for the day. A security guard briefly stopped traffic to allow them to quickly cross the street.
Many of the private security staffers on site have also left the building.
Court is done for the day
State District Judge Tony Graf says the preliminary hearing will resume Wednesday at 1 p.m.
DNA analyst offers details on testing and training
FBI DNA analyst Amanda Bakker says her lab is accredited, which means it has to follow a strict set of standards including having trained examiners on staff. She had to have the right degree, take a special training program and undergo proficiency testing to show she鈥檚 qualified to do the job.
The lab is audited by an outside agency periodically in order to keep its accreditation status, Bakker says. She鈥檚 also explaining some of the nuances of DNA testing. All DNA degrades over time, she says, and that鈥檚 a normal finding in testing.
The degradation found in DNA samples in this case did not impact her ability to accurately test the samples, she says.
Bakker says she followed lab protocols and her training when testing the evidence.
Cross-examination of DNA analyst begins
Deputy Utah County Attorney Ryan McBride is up now to cross-examine FBI DNA analyst Amanda Bakker.
He鈥檚 asking her about her education, training and other professional credentials.
The hearing is drawing Charlie Kirk fans and other would-be spectators
Julie Eastman, from nearby Draper, Utah, lined up at 4 a.m. Tuesday morning to get a seat in the courtroom. She was the sixth person in line.
The early morning was worth it, she said.
鈥淚t was intense to see, to have everybody in the room who is a part of this case,鈥� Eastman said.
She has been sitting directly in front of Charlie Kirk鈥檚 parents and his widow Erika Kirk, she said, and Erika Kirk became teary at times during the proceedings.
Donald Trump Jr. was also in the courtroom today, and the courthouse has been filled with Secret Service agents and other armed law enforcement officials.
鈥淓verywhere you look there鈥檚 someone with security,鈥� Eastman said.
Eastman has followed the case since the Sept. 10 shooting, and has relatives who were at Utah Valley University when it happened.
鈥淚 still can鈥檛 believe Charlie Kirk鈥檚 gone,鈥� she says. 鈥淚 still love him so much.鈥�
Court is back in session
FBI DNA analyst Amanda Bakker is back on the stand.
Donald Trump Jr. says Charlie Kirk was among his closest friends
The Republican president鈥檚 son said on the social media platform X that he chose to attend the hearing because Charlie Kirk was 鈥渙ne of my closest friends for over a decade.鈥�
Trump Jr. has not spoken to media outside the court, but he posted Tuesday about some details that came up during the second day of the hearing.
鈥淚 wanted to see actual evidence before I opined on it,鈥� he wrote.
The court is taking a 15-minute afternoon break
After about two hours of DNA-related testimony, State District Judge Tony Graf has paused the proceedings for an afternoon break.
Before the break, FBI DNA analyst Amanda Bakker said her initial testing on evidence indicated that there were at least two contributors to DNA found on evidence, and that there could be DNA from as many as three people.
But after Tyler Robinson鈥檚 roommate provided a DNA sample for comparison, she was able to rerun her tests and attribute all of the DNA found on the item to two people.
The items tested included a towel that was wrapped around a rifle, which was found in a wooded area near the Utah Valley University campus shortly after the shooting.
Prosecutor says DNA accuracy questions should be handled later
Defense attorney Michael Burt is asking DNA analyst Amanda Bakker about the software program she used for the DNA samples, and about overall accuracy of the results.
Both samples tested in this case had minor contributors below 20%, Bakker says. Burt asks her about a study that found results can be less accurate when analyzing DNA contributions at that level.
She agrees that can sometimes be the case, but says in the samples she analyzed there were only two contributors total, which makes the process more accurate.
Deputy Utah County Attorney Ryan McBride has objected to this line of questioning. He says it鈥檚 irrelevant to the preliminary hearing since at this stage the evidence is supposed to be viewed in a light that is favorable to the state.
But Burt says the judge needs to weigh the accuracy of Bakker鈥檚 determination that Tyler Robinson and his roommate both contributed DNA to some of the evidence. Burt notes that Bakker originally believed there were three DNA contributors.
Judge Tony Graf tells Burt to wrap up this line of questioning.
DNA testing has some limitations, FBI analyst says
Defense attorney Michael Burt is questioning FBI DNA analyst Amanda Bakker about the limitations of DNA testing, including situations where DNA might not be found or the results might be somewhat misleading.
Finding DNA on an item doesn鈥檛 necessarily mean that the person matched to that DNA actually touched or used an item, FBI DNA analyst Amanda Bakker says.
Sometimes, DNA mixtures from different people might be found on an time, says Bakker.
It鈥檚 also not necessarily possible to determine how long DNA has been on an item, she says, though DNA does degrade over time.
There was some degradation to the DNA found on the screwdriver she tested, Bakker says. The screwdriver was found by investigators on the roof of a Utah Valley University building shortly after the shooting 鈥� in the same place where prosecutors say the shooter was perched.
She鈥檚 giving a technical explanation of the different measurable components of DNA, and some of the testing processes used.
FBI guidelines detail how to describe DNA test results
FBI DNA analyst Amanda Bakker says Tyler Robinson was included as a 鈥減ossible contributor鈥� of on the screwdriver and towel.
She let the local investigators know about that result on Sept. 13, she says.
U.S. Department of Justice policy is that examiners don鈥檛 use language like 鈥渁bsolute identification鈥� or 鈥渞easonable degree of scientific certainty,鈥� she says.
Examiners also can鈥檛 imply that forensic autosomal DNA examinations are infallible.
FBI DNA analysis takes the stand
Amanda Bakker is called to the stand by defense attorney Michael Burt.
Jennifer Faumuina will be back to continue testifying later, but attorneys on both sides agreed to have Bakker testify now.
Witness describes collecting a rifle and other evidence
Jennifer Faumuina worked for the State Bureau of Investigation at the time of the shooting.
She says a bolt-action rifle, wrapped in a dark-colored towel, was found in a wooded area near campus.
The gun was documented, and then packaged and taken to the FBI and eventually provided to a Bureau of Alcohol, Tobacco and Firearms laboratory, Faumuina said.
A screwdriver found on the rooftop of the Losee building on the Utah Valley University campus was also collected as evidence, she says.
DNA found the towel was matched to two people. One of them was Tyler Robinson鈥檚 roommate, she says.
Court is back in session
Court is back from the lunch break and Utah Department of Public Safety Sgt. Jennifer Faumuina is on the stand.
ending the hearing says it has been emotional
Denae Branch, who had lined up with friends at midnight to get some of the few public seats in the courtroom, said she teared up during the hearing, and Erika Kirk reached over to offer her a tissue.
鈥淪he doesn鈥檛 know if I鈥檓 Team Erika or not, yet she handed me a tissue, and I lost it,鈥� Branch said during the lunch recess. 鈥淪he didn鈥檛 know if I was a friend or not, and she showed love.鈥�
Branch said she observed Erika Kirk crying at times during the proceeding and fidgeting with her bracelet. Seeing Kirk鈥檚 widow get emotional made Branch emotional, too, she said.
Judge says the statement is relevant for consideration
Before the lunch break, State District Judge Tony Graf said the statement from Turning Point USA board member David Englehardt is relevant as it relates to Charlie Kirk鈥檚 political expression.
Graf said prosecutors allege Tyler Robinson targeted Charlie Kirk because of Robinson鈥檚 beliefs about Kirk鈥檚 political expression.
Determining the difference between religious expression and political expression is a different matter, the judge said, but he also noted the statement contains additional information about the tax status and practices of Turning Point USA.
Graf said the statement is 鈥減rovisionally admitted,鈥� and he will decide later if it will be fully admitted as evidence.
Defense says the Turning Point USA member鈥檚 statement isn鈥檛 relevant
Defense attorney Richard Novak says the statement from Turning Point USA board member David Englehardt won鈥檛 help the court decide whether the 鈥渧ictim targeting penalty enhancement鈥� is valid.
The state law allows penalty enhancements if a defendant targeted a victim because of the defendant鈥檚 perception of the victim鈥檚 political expressions, Novak says.
But Englehardt鈥檚 statement is all about what is in Englehardt鈥檚 head, he says, and that鈥檚 not relevant to the case. Englehardt鈥檚 mention of Bible passages also isn鈥檛 relevant, Novak says, and won鈥檛 help the court make any decisions about the case.
Deputy Utah County Attorney Ryan McBride says the statement is relevant, because it clarifies what Charlie Kirk鈥檚 business does. It also goes to motive, McBride says.
Kirk engaged people in debate on religious and political issues, McBride says, and encouraged people to follow specific values.
Attorneys debate statement from Turning Point USA board member
Deputy Utah County Attorney Ryan McBride wants a 鈥渟elf-authenticating statement鈥� from Turning Point USA board member David Englehardt to be admitted as evidence. The statement is notarized, McBride says.
But defense attorney Richard Novak says he鈥檚 concerned about the authenticity of the statement, and he doesn鈥檛 think some of the information contained in the statement is relevant to the case. He doesn鈥檛 want it to be admitted as evidence.
Novak says he doesn鈥檛 intend to question Englehardt鈥檚 beliefs or what Englehardt says were Turning Point USA founder Charlie Kirk鈥檚 religious beliefs. The document contains Englehardt鈥檚 opinions, Novak says, and references a Utah law that deals with a 鈥渧ictim targeting penalty enhancement.鈥�
Investigator says weapon was found in area where Robinson had been seen
Under redirected questioning by the prosecution, former State Bureau of Investigation agent David Hull says he saw Tyler Robinson enter a wooded area twice when reviewing surveillance video.
Investigators later recovered a rifle from that same area, Hull says.
Defense attorney asks Hull about gun, autopsy, videos
Under questioning by defense attorney Kathryn Nester, former State Bureau of Investigation agent David Hull acknowledges that he wasn鈥檛 present for Charlie Kirk鈥檚 autopsy, but interviewed the person who did it.
He also didn鈥檛 directly handle the processing and shipping of a gun collected during the investigation, Hull says.
Nester also asks about video from a doorbell camera shown in court on Monday. Hull says the person who had the doorbell camera told investigators that they thought the person captured in the video was bald and that there were three people in the vehicle.
When it was presented in court, the video was described as showing Tyler Robinson鈥檚 vehicle, with just one person exiting the vehicle.
Defense attorney asks about witness descriptions of a person on the rooftop
Former State Bureau of Investigation agent David Hull acknowledges that the surveillance video showing a person on the roof of the Losee building doesn鈥檛 reveal any distinguishing facial features.
Defense attorney Kathryn Nester asks Hull how some witnesses who took a separate video of the person on the roof described him to authorities. The witnesses thought the person was an officer doing an 鈥渙verwatch,鈥� or maintaining a security position on a roof, Hull says.
The person on the roof appeared to be in a prone position for 15 to 30 seconds, Hull says.
Spectators camp out overnight to attend the hearing
Denae Branch and Jean Rivera were among the first people lined up outside the courthouse around midnight, trying to snag one of the 14 seats available to the public. The Utah County residents camped out overnight Tuesday, both wearing 鈥淔REEDOM鈥� merchandise from Charlie Kirk鈥檚 podcast, after they did not get seats inside on Monday.
They were in the crowd at Kirk鈥檚 event at Utah Valley University when he was shot, and both said they think about it every day.
鈥淚t feels like a lot of the world just kept spinning and we鈥檙e still dealing with the trauma of it,鈥� Branch said. 鈥淥ur hearts and minds are still trying to process it and, yeah, it kind of helps being here.鈥�
Rivera said she hoped to hear testimony about defendant Tyler Robinson鈥檚 alleged confession note.
Some courthouse windows are shrouded
The windows on the fourth floor of the courthouse, where the preliminary hearing is taking place, have been covered with black plastic sheeting.
They were not covered yesterday.
Defense questions investigator about the day of the shooting
Defense attorney Kathryn Nester is asking former State Bureau of Investigation agent David Hull about how he handled the crime scene at Utah Valley University on the day of the shooting.
Hull says he arrived on campus about 1:30 p.m., after Charlie Kirk had been rushed to a nearby hospital. He learned around 2:30 p.m. that he was going to be in charge of the investigation, Hull says.
He says he was made aware that the amphitheater area had been cordoned off and preserved as best as possible given the large number of people present when the shooting occurred.
He says a bullet found on scene was attributed to a law enforcement officer who had 鈥渃leared鈥� his weapon, ejecting an unused bullet.
Hull says there was another firearm found at the scene: a handgun in a backpack.
Court is back in session
Defense attorney Kathryn Nester is cross-examining former State Bureau of Investigation agent David Hull.
A second video with 鈥榚nhancements鈥� is introduced as evidence
Deputy Utah County Attorney David Sturgill has introduced a video with circled highlights, zooming and other alterations apparently designed to help viewers understand what they are seeing.
Defense attorney Kathryn Nester objected to the video being introduced as evidence, saying she is concerned about its authenticity and that it will be unduly prejudicial against her client.
State District Judge Tony Graf agrees to admit the video as evidence, but says he鈥檒l view it without showing it to the public or the media since it鈥檚 essentially the same footage as the previous video.
Compilation video continues with a vehicle Hull says belongs to Robinson
Hull says a Spanish Fork police officer had an interaction with the vehicle early on Sept. 11. When Hull spoke with that officer later, the officer was able to look up vehicle records via a partial license plate number.
The plates showed Robinson was one of the registered owners of the vehicle, Hull says, and the Spanish Fork police officer said the driver was a male whom he believed to be Robinson.
Hull says video shows Robinson walking with a 鈥榣imp鈥� and climbing to rooftop
Former State Bureau of Investigation agent David Hull says Robinson is shown in another video returning to campus in different clothing and walking with a limp, with one leg held mostly straight.
Video clips show him walking in front of the Losee building, Hull says, and then to the area where he could access the building鈥檚 roof.
Yesterday, former Utah Valley University Officer Chris Bagley testified that he saw a 鈥渟niper pad鈥� in the gravel atop the Losee building roof.
Additional clips show an individual climbing onto the roof, running across it and then laying prone in the corner of the building. Hull says he believes the person to be Robinson.
The individual then lowers himself off the roof and leaves the area while carrying something in his hand, Hull says. The time stamp is 12:44 p.m.
Compilation video shows Robinson鈥檚 movements on Sept. 10
Former State Bureau of Investigation agent David Hull is narrating the video as it plays in court.
Some clips from various Utah Valley University surveillance cameras show Tyler Robinson driving into a parking garage, walking away, returning and leaving, Hull says.
Other clips show Robinson walking with a backpack. Robinson purchased a meal from Chick-fil-A at one point in the day, Hull says. Later, as Robinson moves across campus, he is no longer carrying a backpack.
He leaves campus for a second time around 11 a.m., Hull says.
Judge says the compilation video can be shown publicly
The defense team wanted the video published only to the court and not to the press videographer in the courtroom. Allowing news coverage of the video would taint the jury pool for any future trial, violating Tyler Robinson鈥檚 constitutional rights, defense attorney Michael Burt said.
But David Reymann, an attorney representing news organizations, asked the judge to allow this and other non-graphic videos in evidence to be shown to people in the courtroom and in media coverage of the case.
鈥淭he spectators in the courtroom have a right to know what the court is viewing, so they can understand how you鈥檙e making your decisions,鈥� Reymann says.
The compilation video is expected to show Tyler Robinson walking around the Utah Valley University campus on the day of the shooting. That鈥檚 relevant, Reymann says.
Judge Tony Graf says he recognizes the importance of balancing Robinson鈥檚 constitutional rights as well as the importance of transparency. He says this video is different from the three videos of the shooting introduced as evidence yesterday, and so it can be shown publicly.
Former lead investigator David Hull is on the stand
Deputy Utah County Attorney David Sturgill is questioning Hull, the former Utah State Bureau of Investigations agent who testified yesterday about surveillance videos and other footage gathered during the shooting investigation.
Sturgill is asking Hull about a compilation video that includes clips from several different videos. The prosecution team wanted to introduce the compilation as evidence yesterday, but the judge declined after the defense team said the prosecution had not established 鈥渇oundation.鈥�
The process of establishing 鈥渇oundation鈥� for evidence generally includes having someone testify about exactly what an item is, including its authenticity and relevance.
Erika Kirk is back in the courtroom today
Tyler Robinson鈥檚 parents were also seen entering the courthouse this morning.
State District Judge Tony Graf is giving attendees a reminder of his rules for behavior, including 鈥渕aintaining a courtroom environment that is safe, respectful, orderly and faithful to the rights and dignity of every person involved.鈥�
It鈥檚 warm in the courtroom, so the judge says everyone should feel free to drink from their water bottles.
The defense frequently objected to the introduction of evidence
Defense attorney Kathryn Nester鈥檚 attempts were largely overruled by the judge Monday.
When Nester asked Bagley about finding an empty pistol holster on the ground after the crowd fled, he 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.
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 on individuals or had circles drawn around them.
Prosecutors said they would try again Tuesday to introduce that video with the alterations removed.
Prosecutors must pass a low bar to advance Robinson to trial
The proceeding , but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk and should stand trial. 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,鈥� said Kouris, now an adjunct professor at the University of Utah鈥檚 S.J. Quinney College of Law.
Robinson鈥檚 demeanor in the courtroom
The defendant sat quietly between his attorneys throughout the hearing, looking at the prosecution鈥檚 exhibits on a monitor and occasionally taking notes. His wrists were shackled to a chain around his waist.
Kirk and Robinson鈥檚 families were in the courtroom Monday
Monday marked the first time Kirk鈥檚 parents, Kathryn and Robert, and his widow, Erika, were in the courtroom since the case began. Robinson鈥檚 parents also were present, sitting a few rows behind the Kirks.
Prosecutors showed several graphic videos of Kirk鈥檚 shooting, including the moment he was shot and security administering first aid, as they made their case.
Kirk鈥檚 family briefly walked out of the courtroom twice 鈥� when Bagley, the university officer, started testifying about Kirk鈥檚 arrival on campus and again when prosecutors introduced the videos. Each time, they returned.
The court will hear a statement from Robinson鈥檚 roommate
If prosecutors follow the order of an exhibit list they submitted earlier this year, they will present a video from the Washington County sheriff鈥檚 office from Sept. 11 鈥� the day Robinson turned himself in 鈥� and recorded testimony from Robinson鈥檚 roommate.
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 also reportedly texted his roommate that he targeted Kirk because he 鈥渉ad enough of his hatred,鈥� prosecutors have said.
Prosecutors have also said they plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements and video of Kirk鈥檚 killing. In addition, 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.
What happened during the first day of the hearing?
The court proceedings on Monday produced no major revelations but marked the most significant presentation of evidence to date in the case against Robinson, who is in the of Kirk.
Former Officer Christopher Bagley testified that he witnessed the shooting while the conservative activist was speaking to a campus crowd of thousands on Sept. 10. Soon after, Bagley went to a nearby gravel rooftop, where it appeared someone had been lying prone with a clear sightline to Kirk鈥檚 location, he said.
鈥淚t looks like a sniper pad,鈥� Bagley told the court.
More video is expected during the hearing
Prosecutors seeking to to put the man accused of killing on trial are expected to present more law enforcement video and a recorded statement from the defendant鈥檚 roommate as a weeklong preliminary hearing continues Tuesday.
The court proceedings began Monday and so far have produced no major revelations but marked the most significant presentation of evidence to date in the case against defendant , 23, who is in the of Kirk, an ally of President Donald Trump.
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