Day five of Tyler Robinson’s preliminary hearing focused heavily on the defense effort to weaken the prosecution’s DNA evidence. The defense called ATF DNA Section Chief Caitlin Oliver, who had performed testing on evidence including the rifle prosecutors said was used to kill Charlie Kirk and a Dremel tool recovered from Robinson’s home. Oliver acknowledged that DNA testing could not establish when or how genetic material had been deposited on an object, that secondary transfer was possible and that some of the evidence contained mixtures from multiple people. She also testified that several samples had been completely consumed during testing, meaning they could not be independently retested in their original form, and confirmed that investigators’ elimination samples had not always been available to rule out possible contamination. Prosecutors countered by emphasizing that the ATF laboratory was accredited, its testing methods were validated and widely accepted, and Oliver’s analysis found evidentiary support for including Robinson as a possible contributor to DNA recovered from numerous areas of the rifle, including the stock, grips, butt plate, trigger, trigger guard, bolt and fore-end. The defense’s point was not that the DNA testing had been fabricated, but that prosecutors had portrayed statistical findings as more definitive than the science itself allowed.
The final day also became consumed by a dispute over courtroom cameras after Robinson’s alleged handwritten confession note had accidentally appeared on the public livestream for several seconds the previous day despite Judge Tony Graf ordering that it not be broadcast. Robinson’s attorneys argued that repeated violations threatened his ability to receive a fair trial and asked Graf to reconsider allowing cameras in the courtroom. Graf responded by prohibiting additional exhibits from being displayed publicly for the remainder of the hearing, although he later allowed an enhanced surveillance compilation from Utah Valley University to be shown inside the courtroom to Charlie Kirk’s family. That video allegedly tracked Robinson’s movements around campus, including a figure prosecutors identified as Robinson reaching the roof, moving into what the state described as a sniper position and then fleeing toward the wooded area after the shooting. Robinson declined to testify on the advice of his attorneys, the defense rested, and prosecutors presented no rebuttal evidence. Instead of immediately arguing whether Robinson should be bound over for trial, both sides were given time to file written briefs, with oral arguments scheduled for September 1 before Graf decided whether prosecutors had established probable cause for the case to proceed.
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