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Brian Entin Provides Inside Look at Tyler Robinson Hearing After Charlie Kirk Shooting at Utah Valley University
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Inside the Charlie Kirk Investigation: Exclusive Interview with Lance Twiggs Family Member and New Details from Utah Valley University
An on-the-ground investigation by Brian Entin into the shooting of Charlie Kirk at Utah Valley University reveals new details about Tyler Robinson's roommate Lance Twiggs. Through an exclusive interview with a family member, the investigation uncovers that Twiggs no longer has FBI protection, has moved out of state, and retained legal counsel. The report examines the accessible rooftop layout at UVU that made the shooting possible and covers an upcoming hearing where prosecutors face potential disqualification because one prosecutor's child attended the event and was present during the shooting.
Exclusive Interview With Lance Twiggs Family Member
The investigation into Charlie Kirk's murder at Utah Valley University has taken a new turn with an exclusive interview from a family member of Lance Twiggs, the roommate and romantic partner of Tyler Robinson according to authorities. Robinson has been charged with killing Charlie Kirk at UVU.
The family member, whose identity has been protected due to ongoing threats, revealed several new details about Twiggs and Robinson's living situation. The two were living together approximately three and a half hours from UVU in an apartment owned by Twiggs's grandparents. According to the family member, concerns began mounting about both Twiggs and Robinson due to their involvement in gaming culture, Discord, and other online activities.
While Twiggs has not been charged with any crime, authorities have stated he was the person Robinson immediately texted after the shooting. The family member confirmed that Twiggs initially had FBI protection but no longer does. After retaining a lawyer, the FBI protection ended, and Twiggs has since moved out of state.
In the interview, the family member described both young men as exceptionally intelligent. Twiggs was a concert pianist with talent described as "off the charts" and "not normal." The family member expressed that both had tremendous potential and bright futures ahead of them.
When asked about the unusual text messages between Tyler and Lance after the shooting, the family member explained that the gaming world they inhabited created a communication style that might seem abnormal to outsiders but was typical for them. The family member also confirmed 100% confidence that police have the right person in Tyler Robinson.
Regarding Twiggs's cooperation with the investigation, the family member revealed that police had to bring him in for questioning rather than him coming forward voluntarily. While he has been cooperative when asked, he did not proactively provide information until required to do so.
How Tyler Robinson Accessed the Roof at Utah Valley University
The investigation revealed just how accessible the rooftop vantage point was at Utah Valley University. The campus design features multiple walkways at roof level that students use to travel between classes, making roof access remarkably easy.
According to investigators, Robinson simply walked up public stairs used by students daily, proceeded along a normal walkway between buildings, and hopped over a short gate to access the roof. The entire route was completely public and accessible. A chain-link fence and police camera system visible at the location were only installed after the assassination as part of the investigation.
From the roof position, Robinson had a direct line of sight to where Charlie Kirk was speaking in the outdoor courtyard amphitheater below. The amphitheater is designed like a bowl, with elevated walkways and roof access points surrounding it on multiple sides. Students at UVU expressed that they were surprised the national conversation focused on how Robinson got on the roof, as it was so easy given the campus design.
After the shooting, Robinson reportedly jumped down from the roof into a wooded area rather than returning via the easy access route he used to get up there, possibly due to panic.
Prosecutor Conflict of Interest Hearing
A significant hearing is scheduled in Utah regarding a potential conflict of interest within the prosecution team. Tyler Robinson's defense team has filed a motion to disqualify the entire Utah County Attorney's Office from the case because one prosecutor's child was present at the Charlie Kirk event.
The defense argues that the prosecutor's child was one of approximately 3,000 people at the event, located about 85 feet from where Kirk was shot. According to the defense, this makes the child technically a victim, creating a conflict of interest that prevents the prosecutor from being unbiased. The defense further claims the entire prosecution team should be removed because they all know each other and were texting about the incident even before Robinson's arrest.
The prosecution has filed a response arguing against disqualification. Their brief states that the prosecutor does not have a personal conflict of interest requiring disqualification, and even if such a conflict existed, it should not extend to the entire office. The prosecution emphasizes that the prosecutor's child had only a "comparatively minor emotional reaction" and did not witness many key details of the shooting.
According to the prosecution's filing, the prosecutor's child was positioned on the far right side of the amphitheater's upper edge, had no line of sight to the shooter, did not actually see Charlie Kirk get shot (having turned their head at that moment), crouched down during the chaos, never looked back at Kirk, did not see him carried away or see his wound, and did not see anyone with a gun.
The prosecution included text message exchanges between the prosecutor's child and family members in their filing. The messages show the child texting: "Someone got shot. I'm okay. Everyone is going inside. Charlie got shot." Other messages discussed hearing the gunshot, people screaming and running, and the child leaving their bag behind because there wasn't time to retrieve it. The prosecutor (identified as "dad" in the messages) responded at one point: "I'm getting live information, but I can't share it right now."
The defense also claims that the decision to seek the death penalty may have been influenced by the prosecutor's personal connection to the event through their child's attendance.
Legal Analysis of the Conflict Question
Utah defense attorney Clayton Simms provided analysis on the conflict of interest issue. He explained that based on the prosecution's own theory that 3,000 people at the event could have been injured by ricochets, stampedes, or missed shots, the prosecutor's child would technically be considered a victim. If someone is within 85 feet of a shooting, they are in the "zone of danger" and could have been injured.
Simms noted that having a personal connection where your child is a victim in a case creates a clear problem for prosecuting that case. The concern is that personal sympathy and emotions would make the prosecutor more zealous and less neutral, potentially influencing decisions like seeking the death penalty.
The prosecution might argue that the particular prosecutor could be separated from the case or isolated from the rest of the team, but Simms pointed out that even seeing colleagues in the office and receiving their Christmas cards creates unavoidable connections and concerns.
Another complication is that the prosecutor's child could potentially be called as a witness by the defense, which would create additional problems if their parent remains on the prosecution team.
Simms explained that prosecutors have an ethical obligation under Brady v. Maryland to disclose any conflicts of interest or evidence favorable to the defense, which this situation would qualify as. While the conflict was eventually disclosed, the timing raises questions.
Possible Outcomes and Next Steps
The judge has several options at the upcoming hearing. He could remove the entire prosecution team, which would require bringing in prosecutors from another county and would significantly delay the case as they would essentially be starting over. Alternatively, the judge could remove only the conflicted prosecutor from the case, or decide that no conflict exists and allow the prosecution to continue as is.
If the judge allows the current prosecution team to continue and that decision is later deemed incorrect by the Utah Supreme Court, the entire case would have to start over from square one, potentially after going through preliminary hearings, trial, and sentencing. This risk suggests that addressing the conflict now would be the safer approach.
Tyler Robinson is expected to attend the hearing, which will feature the intense security measures seen at previous court appearances, including road closures, armored transport vehicles, and SWAT team presence inside the courtroom. There is also uncertainty about whether the judge will allow public and media access or conduct another closed hearing as has happened before.
Cameras are expected to be present at this hearing, though their placement will likely be different from the previous hearing where the camera was positioned too close to the defense table and picked up privileged conversations between Robinson and his attorneys.
Video Transcript
Hey guys, thanks so much for checking
out my show. I really, really appreciate
it. Please click to subscribe. Uh, I am
in Utah right now. Um, digging more into
the Charlie Kirk murder. I'm also here
for a big hearing, which I'm going to
get into in a second. I'm at Utah Valley
University right now. This is where the
shooting actually happened. You can see
behind me here, this is the this is like
the outdoor courtyard amphitheater where
Charlie Kirk was speaking. right down
there behind me um when he was shot and
killed. And a little later in this
episode, going to show you some
different vantage points here. And I
actually go up on the roof um to kind of
give you a little bit of an idea of like
the layout in a way that I don't think
you've seen it before. Uh but first, I
want to talk about this exclusive
interview that I got uh with Lance
Twigs's family member. Now, Lance Twigs
um is the roommate and uh romantic
partner according to authorities of
Tyler Robinson. Tyler Robinson, of
course, is the man who has been charged
with killing Charlie Kirk. Um so, we
haven't heard much from really any of
their families, but es especially Lance
Twigs's family since all of this
started. Lance Twigs and Tyler were
living together, and this is new stuff
that I've learned through the family.
Lance Twigs and Tyler were living
together uh about I think about three
and a half hours from here um in an
apartment owned by Lance's grandparents.
Um, and there was concern, the family
began to have concern about Lance and
also about Tyler, uh, because the gaming
culture that they were involved in that
I'm told, I'm told, and also Discord and
other activities happening that they
were um, concerned about before all of
this happened. Um, Lance, by the way,
let me just be clear, Lance has not been
charged with a crime. Um, but Lance, if
you you guys probably remember, Lance is
the person, according to authorities,
who Tyler Robinson was immediately
texting right after the shooting here at
UVU. Uh, and he lived with with Lance.
So, after this happened, uh, the police
have and FBI have said from the
beginning that he's been cooperating
and, uh, that Lance has in the
investigation. Uh, and we believed
initially that he was like almost in
something similar to the witness
protection program. And I have now
confirmed that Lance did have FBI
protection at one point but no longer
does. And I am told that the family
retained a lawyer. Lance retained a
lawyer and then he no longer had FBI
protection and right now he has moved
out of state and is no longer in Utah.
So that's one of the new things I
learned. I want to play you my full
interview with this family member who
spoke with me. Um, I started talking to
her a while ago and um, sort of just
built up this relationship with her.
Obviously, you guys know I do all my
checks behind the scenes to make sure
people who are who they really are. And
she's actually not the only person in
the family who I've spoken to, but she
agreed to let me use her voice. Uh, she
wanted me to sort of silhouette her face
just because a lot of these family
members have been getting threats and
you can imagine what that's like behind
the scenes. So, she wanted to be
protected somewhat in that way. But I
want to play you a little bit of what
she told me. There's um a lot of new
stuff in there when it comes to Lance
and what she thinks about Tyler
Robinson. Uh and this is um this is my
interview with her that that played on
News Nation.
>> I mean, both of them are super smart. I
mean, Lance was I do know that. And I
remember, you know, his his he was a I
don't know [clears throat] concert
pianist. Like his his talent for
piano music was off the charts. like not
not normal. It was very it was very um
impressive. And that's kind of what I've
heard about Tyler is that he was just so
smart and so and it's just a shame that
these kids that had so much potential
and so such a bright future.
>> What do you think changed? I don't, you
know, and then being as antisocial as
they were from my understanding of, you
know, playing these games and being a
part of this this Discord group, you
know, it just they're they didn't seem
like they were in a real world.
>> There's text messages between Tyler and
Lance
um where they're texting
>> after the event.
>> A lot of people find them unusual.
>> Mhm.
the world that they were in like this
gaming world like that was a normal way
that they kind of spoke that it this
wasn't an abnormal the way they spoke
wasn't abnormal
>> there have been a lot of questions about
where Lance is now whether he's in the
FBI protection program it's been a big
mystery he kind of has disappeared
>> yeah my understanding was for the first
few weeks cuz there were so many threats
um against his family that um and um
that they had I I my understanding is
they did have a little bit of FBI detail
and they kind of moved around a little
bit but um but he they're not anymore.
He's he's with his family.
>> Will he still cooperate with the
investigation from what you know,
>> you know, I don't know. Um, you know,
when I first found out about how he was
taken in and talked to by the police
that it, you know, I know that they said
that he was very cooperative, but they
they had to go get him and bring him in.
He didn't voluntarily go in and say,
"Hey, I heard about this and I have some
knowledge." You know, he had to go in.
Then he had to he handed things over
when they asked for him, but he wasn't
he didn't give up any information um
until he had to.
>> There are so many theories out there and
I'm sure you've seen them. People think
other people are involved or another
government was involved. I mean, you're
kind of in the middle of this. Um how
confident are you that police have the
right guy, Tyler Robinson?
>> 100%.
>> They they have the right guy. So, I've
shown you guys this before a while back,
but I just want to show you again
because one of the main questions that I
get is how did Tyler Robinson allegedly
get up on the roof? Was it difficult to
make the shot? Was it hard for him to
get up there? How did he do it? So, I I
just wanted to show you guys again. Um
this is the UVU campus. The um courtyard
where the shooting happened is right
back there. But this is all, you know,
public area where people walk around. If
you just go up these stairs right here,
I'm going to walk up the stairs and show
you guys. Again, this is totally This is
the way the students get to and from
class. This is a totally public, very
accessible area. So, if you just come up
these stairs right here,
you're suddenly
up here. This is a
this is a walkway here. Okay. So, you
can get between buildings here. Um, and
on this side, it's now gated off. This
was not gated off before the Charlie
Kirk assassination, but it is now gated
off. And right beyond this gate, sorry,
I'm out of breath. I think it's the
altitude. Um,
basically what investigators say Tyler
Robinson did is this gate wasn't here,
so he just walked right over to that
short little uh gate that you see over
there, that that more permanent gate.
And then all you had to do is just go
right on top of that, which would
anybody could do. It would just take a
second. Just hop that and then you would
walk right out on the roof. That's the
roof beyond that. So this walkway is
level with the roof. So he just has to
hop that little gate there, which is
what police say did, and then walk out
on the roof. And right over there on the
edge would be a direct view, just the
perfect line of sight to where Charlie
Kirk was speaking. Again, this um
chainlink fence, this is new. This was
not here before the um assassination.
So, they put this up once they started
investigating. And this like police
camera system, that's also new. So, this
was all just was all just open. And
again, um, this is a very, very public
walkway. So, you just come up on this
walkway, hop over that little gate right
there, and boom, you're on the roof. Uh,
and what's interesting is
where Charlie was having his event and
speaking down, it's almost like a bowl
down in that courtyard. Uh, there are
places that you could get up on the roof
just like this all around. kind of the
way this is the university is designed
and I was talking to a student about
this is um like there's a lot of
walkways up above on the roof line. Um
that's how they designed it for students
to get in between their different
classes just like this one that I'm on
right here. And that student was
actually telling me that when all of
this first happened and uh you know
everyone was like, "Oh my gosh, how did
he get up on the roof?" And there was
sort of this national dialogue about how
he got on the roof that all of the
students here were like, "We can't
believe people are even wondering about
this because it was so easy. I mean, it
it was so easy to get up on the roof."
And and that just kind of shows you that
um that it really was. So to get up
there, it was so easy. He just walked
down this public walkway, went over that
little fence. To get down, this is the
area over here where he jumped down,
according to investigators, and then ran
back into this little wooded area back
here.
why he decided to jump down really risk
hurting himself versus just coming
easily the way that he did before. I
don't know. That's kind of interesting.
Um I guess I'm sure he was just freaking
out and and wanted to get away as
quickly as possible, but he could have
just come right back the way that he
came and right down this really really
just like public walkway. All right, you
guys remember I was just saying that
there's all sorts of walkways up on the
roof here with a vantage point of where
Charlie Kirk was. Um so this is another
area here. This is all a walkway
um up high where you can see students
are walking in between classes. Um and
again if I turn this way that right
there is where Charlie Kirk was when he
was shot. Um so this entire area you
could have been standing. This entire
area you could have been standing. I
mean, from a security perspective, it
really was just a terrible, terrible
situation because
um again, I'm technically on the roof,
but the roof is a series of walkways at
Utah Valley University. The students,
they've created walkways on the roof. Um
so,
I I think that is something that people
don't understand when you just watch the
story. Um cuz it is it's unique. I
haven't really seen a college campus
like this. Again, these are all walkways
and I they are on the roof of the
building. So again, come over to this
edge. You could have been right up here.
That's right where Charlie Kirk was
standing.
And there were a ton of [snorts] places
that someone could have perched
themselves. Um it just so happens that
Tyler Robinson was up on that building
uh right there. So, I I hope this gives
you guys a little bit of perspective.
Um,
again, because I don't think people
realize sort of the unique layout of
this college campus. So, I want to go
over with you guys the other component
of what's new here, which is this this
hearing that is going to be happening um
uh for Tyler Robinson. And this is
pretty significant. This is something
that I've covered in the past, but now I
have a response from the um prosecution,
which I'm going to get to in a second.
But basically, Tyler Robinson's defense
team is saying that the entire
prosecution team should be kicked off of
the case because the uh one of the
prosecutor's children was at the Charlie
Kirk event here um was within 80 ft of
Charlie Kirk being shot and the defense,
Tyler Robinson's defense is saying that
that is a conflict um that that person
cannot be unbiased uh and that there's a
conflict because techn Technically,
according to the defense, one of the
prosecutor's
uh kids is technically a victim here
because he was one of or he or she, I'm
not sure if it's a boy or girl, was one
of the 3,000 people who were at the
Charlie Kirk event, one of the 3,000
victims. And how can the prosecutor
fairly prosecute the case if uh their
child is technically a victim? So, they
made that filing um and now the
prosecution has has made a filing um
saying, "Wait a minute, you shouldn't
kick all of us off, and this is the
reason why," which I'm going to read to
you in a second. And that's what this
latest hearing is about. Uh and the
judge is going to um have to decide
which way to go. If he could do a couple
of things if he removes the entire
prosecution team, which is kind of hard
to imagine, but is possible. And the
reason that they're saying that it
should be the whole team, the defenses,
is because they all know each other.
There were text messages going back and
forth even before Tyler Robinson was
arrested. Uh because this prosecutor was
texting other people within law
enforcement trying to figure out what
was going on because the prosecutor's
child was at the event. So if they could
remove the entire prosecution team,
which would mean they'd have to bring in
prosecutors in from another part of the
state to move forward, which would
really delay things because they'd
basically be starting over. Or the judge
could possibly just remove that one
prosecutor from the case. or the judge
could decide that none of this is a
conflict and everything just moves on
the way it is. So that's the hearing
that is coming up now. That's the reason
I'm in Utah. And uh Tyler Robinson is
expected to be at the hearing again. You
guys remember last time like security is
insane for these hearings. I don't know
that I've ever seen anything like it uh
in terms of they close down the roads,
they bring Tyler Robinson in basically
like a big fortified Humvee surrounded
by police officers. uh goes in a secret
entrance in the building and then they
um they uh had like all these SWAT team
members inside the courtroom. So, it's
going to be a whole big ordeal again in
terms of getting in and out. Um but uh
yeah, so that that's what the latest
hearing is um is about. Tyler Robinson
is expected to be there. It'll also be
interesting to see if the judge doesn't
decide to kind of boot out the public
and the media again like he has once
before and it turns into a secret
hearing where we won't even know what's
happening. So, I'm really interested to
see if that that happens. So, let me
kind of update you though on this
argument again. So, the defense made
their argument. We need to get rid of
the whole prosecution team. Now, the
prosecution has filed uh their brief
saying, "No, no, that doesn't need to
happen." Uh, and let me read you some of
this. defendant argues that a member of
the prosecution team, then it says
deputy county attorney and they don't
give the name, has a personal conflict
of interest, that the conflict of
interest extends to the entire Utah
County Attorney's Office and that
disqualification of both blank and the
office is thereby required. The court
should deny defendants's motion because
Mr. Blank, they again they don't give
the prosecutor name, does not have a
personal conflict of interest requiring
his disqualification. And even if such a
personal conflict were to exist, it does
not extend to the entire office. So
there you go. The prosecution team is
saying you shouldn't disqualify our one
prosecutor. And if you do, you shouldn't
disqualify the whole office. They say
any testimony this prosecutor could give
would be merely cumulative of testimony
available from literally thousands of
other witnesses and would relate solely
to uncontested issues because blank has
personal
murder. And when I say blank's
kid, moreover, blank comparatively's
minor comparatively minor emotional
reaction could not have had a greater uh
could not um have had a greater on Mr.
Blank and the prosecution team than the
significantly more harrowing experiences
of many others at the event like those
described in the witness statements
defendant relies on. Sorry, they like
made a typo, so it was hard to read, but
basically they're saying that the the
prosecutor's kid did not have a very
serious emotional reaction to it, only
had a minor emotional reaction, and that
they wouldn't be relying on that the
prosecutor's child's account anyway,
that there are people with much stronger
witness statements that they would go
to. Prosecutors may properly consider uh
these more distressing witness
reactions. Finally, the filing of the
notice of intent to seek the death
penalty had nothing to do with any
particular individual's attendance at
the event. That's something that I left
out. So, the defense is claiming that
the prosecution is seeking the death
penalt seeking the death penalty partly
because um because there the one
prosecutor's child was technically a
victim. So, the defense is trying to say
like, "Wait a minute, that might be the
reason you're seeking the death penalty
because this has impacted you so
personally."
Uh so then they go over the statement of
relevant facts here. 3,000 people who
attended the event. Um they say that the
uh prosecutor's child was uh on the far
right side of the amphitheater on its
upper edge some 85 ft from where Charlie
Kirk was seated. There was no line of
sight from the the prosecutor's kid's
position at the amphitheater and the
shooter from his position. Um,
uh, the, uh, the prosecutor's child did
not see Charlie Kirk actually get shot.
Apparently had turned their head during
that one moment, which they seem to
think is important. Um, they crouched
down and didn't really see what was
going on. Never looked back at Charlie
Kirk and did not see him get carried
away or see his wound. Did not see
anyone with a gun. Did not see anything
that made uh, the kid the I say kid, I
don't know how old the person is. the
child believe anyone saw was seems like
it's an adult kid uh was involved in the
shooting. So basically they're trying to
say didn't really know what happened.
They're trying to really downplay I
don't know what maybe downplay is not
the right word but but they're trying to
make the point that the prosecutor's
child did not see much and was not
emotionally affected by what they did
see. Um, but then there are these they
actually include in this filing the text
messages between the prosecutor's child
and the prosecutor, the dad, and then
there there's also other family members
on on the on the chain. So, it says,
"Someone got shot. I'm okay. Everyone is
going inside. Charlie got shot." And
then someone writes, "Oh my gosh, people
say he was shot in the neck and his head
like tilted or something. What the heck?
Insane. He had answered one question and
was talking to the next person. Is it
confirmed? Like, is he dead? Blank. Did
you hear a gunshot or what sounded like
a gunshot? What? Oh my heck. Uh, and
then was there he said they found the
shooter and put him in a cop car. Uh,
and then I for sure heard it. Everyone
started screaming and running. A few
people said they saw the shot hit his
neck. Not sure. I left my bag with all
my stuff because I couldn't have time. I
didn't have time. Again, this is the
appears to be the prosecutor's child.
Shooter was on the roof. Doesn't
surprise me. The weird thing is the guy
asking the debating him in the moment
was take was talking about shootings in
the US. I think the guy debating him.
I'm getting live information, but I
can't share it right now. And that's
from dad, which is the prosecutor. Um,
blank. My uncle said he was in the roof.
Someone posted a video of the shot on
Twitter. His head tilts to the right.
Yeah, I saw it. It's from far away.
Yeah, that's what people were saying.
The video is horrible. The close-up one
is sickening. He gone. Om. OMG. How do
you know? How do you know? The close-up
video shows a direct hit to the artery.
Blood immediately shoots out. Sickening
stuff. Yeah. Unbelievable. Yeah, I
watched it. Looks like he died
instantly. Um, and then they even have a
diagram here of where it looks like the
uh the prosecutor's child was was um in
relation to where Charlie Kirk was.
Uh, and again, they're they're sharing
these text messages. The prosecution
team is, it seems like, to try and make
the point that it wasn't that deep of a
conversation and that the prosecutor's
child did not have that much of an
emotional um impact by all of this. Uh,
so it's um it's interesting. It's an
interesting argument. That's why I'm
really interested to go to the hearing.
I spoke with Utah defense attorney
Clayton Sims about this. uh he's kind of
a big-time defense attorney in Utah and
is familiar with the case and I wanted
to see what he thought about it and
which way he thought the judge would go.
Take a listen. The prosecution has a
conflict of interest that their theory
[clears throat] is there's a great risk
of death to individuals who were there,
observers, people who were at the scene
that the shooter could have missed,
could have been a ricochet. And if
you're within 85 ft, you are technically
a victim. So you have an interest in the
case. You are the parent of a victim. Uh
there could be multiple victims because
the number of victims has not been
identified or theoretical victims. Uh
based upon the state's theory based upon
the state's theory that the 3,000 people
that were there, uh they could have been
injured. They could have been trampled
by a stampede. There could have been a
ricochet from a bullet. There could have
been multiple shots fired that that
didn't hit Charlie Kirk and hit other
people. And certainly if you're uh 45
I'm sorry 85 ft away, you're in the zone
of danger that you could have been
injured. And in fact uh it seems as if
law enforcement and police officers had
to verify if that person uh was okay. Uh
certainly this would be a concern. uh
and it would if you're
have a personal connection, your kid is
a victim in the case, you cannot be the
prosecutor in that particular case. I
mean, that makes sense. Um
it it it it absolutely makes sense and
based upon the prosecutor's theory that
other people could have been injured
other than Charlie Kirk, uh that child
is a potential victim.
So, isn't this a pretty clear conflict
of interest? I mean, I'm What's the
other side of that? It seems seems like
this could really be a problem for the
defense.
>> They may they may prosecution. I mean,
>> yeah, the prosecution may may say,
"Well, that person is not going to be
actively working on the case. That
person's going to be um not have access
to discovery, not have access to police
reports. that prosecutor is going to be
um sort of uh separated from the rest of
the prosecution team won't be allowed to
talk to that prosecution team. Uh but
certainly if you have a colleague, a
friend, a person you know in the office
next door, even if they can't talk to
you about the case, you're going to be
concerned about them. You're going to
get their Christmas card. You're going
to see them. You're going to be con
worried about them. and you're
potentially have that child in your
office as a witness, um, but wouldn't be
able to talk to their parent about it.
>> Well, that's what I was just going to
say. What if the the prosecutor's child
ends up a witness? Like, that doesn't
really work, does it?
>> Well, the the pro the defense is welcome
to call them. What did you see? You were
85 ft away. They're they're a potential
witness. Uh, and certainly they they've
been identified as a witness and and and
uh the previous motion I think that has
now been redacted, I had the benefit of
reading um has text messages from the
child to the prosecutor. Uh has a number
of back and forth um u texts, phone
calls made uh that indicate that they
they were uh concerned about that
person's safety and they perceived the
events. the child that was there. And
again, there were high school students
there, there were college students
there. Uh most of the people that were
witnesses were between the age of 16
and, you know, 25. A lot of young people
uh were there as witnesses. And if I
remember correctly, there was another
motion that referenced this where it
discussed how the prosecutors had been
texting each other about this too, like
about the one family member who was
there, that person's family member who's
the prosecutor was texting the other
prosecutors, too. So, they were all kind
of involved, it sounds like.
>> Right. There's there's multiple texts
back and forth and we don't know the
extent of the phone calls uh the texts
but certainly there's a concern for the
safety of one of the children of the
prosecution
you staff if not the direct prosecution
team. So that sympathy
um is not permissible. Uh that would
create a a conflict of interest. You
would be more uh zealous in your
prosecution. you'd be more likely to
seek a death penalty if you think that
hey my friends kid could have died. Uh
those sort of emotions uh take over when
you need to be neutral. Obviously every
case is emotional. Um but you do need to
be emotional when there's that personal
connection.
>> So how do you think this is going to
play out? I mean is this pretty a pretty
clear conflict? Like do you think that I
mean could could they literally throw
out the entire prosecution?
Well, they would they would disqualify
the prosecution team and they would
assign another prosecution team to the
case. The problem is is if you don't
disqualify
Utah County Attorney's Office, does this
problem,
you know, at the beginning you have this
issue. If the judge is wrong, then you
have to start all over again. Uh, and
that's the risk with not disqualify the
Utah County Attorney's Office that you'd
have to go through the preliminary
hearing, the trial, the sentencing
phase, and then if the court, the
Supreme Court of Utah
decides that they no, you they had a
conflict from the beginning, the
decision to allow them to continue to
prosecute this case is in is is not the
correct decision. It's overturned. It
would go back to square one. So you may
not be advancing the case if you have a
conflict that should have been dealt
with at the beginning. So the the
prosecution should eliminate this as an
issue and just step back and let someone
else prosecute it.
>> Would they have to move it to a
different county or would they just
bring a prosecution team in from would
it be a whole team from a different
place?
>> Uh it would be a ad a joining county. It
could be the county uh to the south,
Jueb County, Summit County, Salt Lake
County, the counties around Utah County.
Um or they could theoretically hire new
prosecutors to pursue this that didn't
have a connection to their office, maybe
house them at a different location, have
them different computer network. Uh it's
possible to have somebody who would be
an employee of the the same government
entity but didn't have a connection to
that particular prosecutor.
Are you surprised that within the
prosecutor's office
this didn't come up sooner just on their
own? Um because don't prosecutors have
like a ethical, you know, sort of I
mean, aren't they couldn't one of them
have come forward and say, I I can't be
on this case like this is this is an
issue,
>> right? Because of the redaction, we
don't know exactly who is it a
prosecutor who's involved or just a
prosecutor at the office. But there is a
Brady uh Brady versus Maryland requires
disclosure disclosure of any conflicts.
Disclosure of any evidence that would be
favorable to the defense and certainly
this would be evidence that would be
favorable to the defense. Has the
prosecution uh been motivated in part
because they know somebody who was
there? They knew somebody who could have
died as a result of that could have been
injured um as a witness if there was a
ricochet. if there was a missed shot, if
there was a a riot or a trampoline u as
a result of the hysteria. So it it it it
was disclosed at some point, but
certainly it is required to disclose
something favorable under Brady v
Maryland.
>> As always, I appreciate Clayton for
[clears throat] uh for talking with me.
Uh I'll keep you guys posted with what
happens at the hearing. Um again, it's
hard getting in there. I mean, you're
not Was I allowed to I was allowed to
have my laptop, but the security is
really, really intense. Uh, and they
close off the roads and I have to get
there really early to make sure that I
get a seat inside. Uh, but we are able
to have cameras inside. It's going to be
interesting to see what happens with the
cameras this time though because
remember last time there was some kind
of drama over the cameras. The camera
was very, very close to the defense
table and also um the camera was able to
pick up uh some of the conversation
between Tyler Robinson and his defense
attorneys. So, the judge still hasn't
made a final decision about whether
cameras can stay long term. I do believe
cameras will be at this next hearing,
and I'm assuming they'll put the camera
in a different place inside the
courtroom, uh, just because, uh, it was
an issue, I think, having the camera so
close to Tyler Robinson and his defense
team. Um, so I'll have video from inside
court. I'll have the latest for you
guys. Um, and uh, yeah, it's actually,
you know, it's sad because these places
where tragedies happen, like where I am
at Utah Valley University, kind of get
like a reputation for just the bad thing
that happened. But Utah Valley
University is really actually a really
nice um, school. Just by the way, I
mean, I've been here a ton now since uh,
the shooting and spent like the whole
day out here today and everyone's like
super nice and uh, it's actually sadly
like a really really pretty campus, too.
There's mountains in the distance and
and where Charlie Kirk was was murdered
is actually a really beautiful courtyard
area. So, it's it's a shame that they
had to go through that here and that the
school kind of now has this um
reputation for the place where Charlie
Kirk was killed. Um so, anyway, that's
the latest from Utah for now. I'll keep
you guys posted on what happens with the
hearing and I'll talk to you guys later.
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