Trial Lawyer Explains Why Tyler Robinson Will Walk: The Prosecution's Case Falls Apart Under Scrutiny

[00:00] I'm a lawyer.

[00:02] I'm a trial lawyer,

[00:06] former prosecutor

[00:10] for 43 years.

[00:13] And for 43 years,

[00:16] you think like one. You you think

[00:22] like a lawyer, like a prosecutor and

[00:26] then

[00:28] you try to introduce that way of

[00:30] thinking which is completely and totally

[00:36] it doesn't exist in the real world.

[00:40] And I'll tell you why.

[00:43] When I tell you

[00:45] that Tyler Robinson

[00:48] is not guilty

[00:51] or will be acquitted or should be

[00:53] acquitted or will walk,

[00:56] I say this carefully.

[00:58] I am not saying he's innocent,

[01:05] driven snow. He might be, could very

[01:08] well be. I wouldn't be surprised. That's

[01:11] not what I'm saying.

[01:13] In my world,

[01:15] we sit back and somebody will prosecute

[01:21] us, accuse us, arrest us, sue us. They

[01:25] will come forward and they say, "This is

[01:27] what you did this." Okay, now follow me

[01:31] on this.

[01:33] And sometimes you might say, "I didn't

[01:36] do that."

[01:38] Or you might say, "Well,

[01:41] I didn't do that."

[01:44] Or, "Well,

[01:47] I did that, but not the way you think."

[01:50] Or not as bad. I didn't burglarize the

[01:53] home. It was a trespass. It wasn't

[01:56] aggravated battery. It was battery. You

[01:57] know, I mean that that So, so we start

[02:02] off with a premise. You've got to tell

[02:04] me what I did. I'm not going to say

[02:06] anything. I don't have to disprove,

[02:08] prove anything. I might I might want to.

[02:11] I don't have to show you motivation,

[02:14] thinking, nothing.

[02:16] You came to me and you are giving me

[02:21] this charge. You are hitting me with

[02:22] this. And now I'm going to have to ask

[02:24] you, can you prove this? In the case of

[02:27] Tyler Robinson, beyond and to the

[02:30] exclusion I know this is kind of weird

[02:32] language of every reasonable doubt.

[02:36] Meaning if I come out come up with a

[02:39] doubt that I can attach a reason to or

[02:43] on for example if I say um you know I

[02:45] doubt this is because I think the alibi

[02:49] that was presented was one thing or I

[02:52] think the

[02:54] connection to the rifle was faulty or I

[02:57] think that identification was wrong or I

[03:00] don't believe the confession or I don't

[03:02] believe the c I have to have a reason. I

[03:05] just don't say, you know,

[03:09] no, it's not a forced out doubt, a

[03:11] speculative speculative doubt.

[03:14] Read the jury instructions for

[03:16] reasonable doubt in your jurisdiction.

[03:18] And it's kind of weird, but it means

[03:21] reasonable doubt is if I can tell you I

[03:24] doubt

[03:27] this one particular very important

[03:28] element that you were trying to prove

[03:30] and I've got a reason for it. There's a

[03:32] reason why I doubt it. That's it. It's

[03:34] not guilty. That's it.

[03:38] And the best part is the best part is

[03:42] you can know in your heart of hearts.

[03:45] You could say that son of a did

[03:48] this theoretically,

[03:50] but you're not the detective. You're the

[03:54] juror. You're not Columbbo. You're the

[03:56] juror.

[03:58] You're the doctor who holds up the the

[04:01] X-ray and says broken,

[04:05] not broken, or

[04:10] pregnant,

[04:12] not pregnant. That's it.

[04:15] We don't know

[04:17] whether you tried to get pregnant, how

[04:19] many times you tried, whether you're a

[04:22] slat, how old you are. We don't even

[04:26] know who this person is. Pregnant. This

[04:28] sample pregnant. Yep. You proved it.

[04:31] That's it. Very very.

[04:36] And when you think like that, it helps

[04:37] you. Now,

[04:41] what we like to do in the world of this,

[04:44] which is great. I love this. We love it.

[04:47] We love to get into the granular, the

[04:49] animistic, the particular, the

[04:51] interstitial, the the abscidarian,

[04:56] just atomic. Love that stuff. That

[05:00] doesn't come up here. That's not in the

[05:02] courtroom. This is great for this. Do

[05:04] you think that maybe Do you think that

[05:06] maybe

[05:08] maybe

[05:10] when they told Charlie

[05:14] that he had better watch what he says as

[05:16] far as not supporting certain countries

[05:19] that was it could be that doesn't come

[05:22] into this?

[05:25] Do you think that maybe

[05:27] may we can go on to this? We we could

[05:29] I'm telling Do you think that maybe

[05:31] Charlie might be alive? If Charlie's

[05:33] alive, that is the that is an

[05:37] affirmative defense. That is a defense

[05:40] because one of the first elements in

[05:42] murder is that he's got to be dead. Not

[05:44] only that, that Charlie Kirk is dead.

[05:47] Not the some guy that you saw there, but

[05:49] Charlie Kirk is dead and he was killed

[05:52] by Tyler Robinson. And if the depending

[05:57] upon how how the particular phrase of

[05:59] the of the ultimate charging document is

[06:02] by gunshot or what have you. All right,

[06:04] you got that? I I I just had to say

[06:06] that. So, I'm looking at this thing

[06:09] completely different. I don't know about

[06:13] Erica. I don't even know about that. Did

[06:16] you prove anything? And here are the

[06:18] issues.

[06:19] There's two pieces of really good

[06:22] evidence here theoretically.

[06:25] Theoretically, one is the confession,

[06:29] the admission. There's a difference

[06:30] between confession and admission.

[06:34] A confession is admitting to all of the

[06:38] elements of the crime. I admit that on

[06:40] this on the 10th of September in 2025, I

[06:44] did knowingly and intelligently and and

[06:46] fertively and feloniously with malice of

[06:48] forethought did take the life of this

[06:50] two wit with a fire. You know, that's

[06:52] that's that's that's the confession.

[06:54] Everything

[06:56] an admission might be I was there. It

[07:00] might be a partial board. It might it

[07:01] might be okay. I admit it was my gun,

[07:04] which we'll get to in a moment. I admit

[07:06] that's a different story. But but but

[07:08] okay. So we'll just call it the

[07:09] confession. We'll get to that later. Get

[07:12] to that later.

[07:14] And then the gun,

[07:16] the Mouser 98, the 306.

[07:23] This is a lint brush.

[07:27] And I will show you that this lint brush

[07:30] has as much to do with the dispatch and

[07:33] the elimination of Charlie Kirk as that

[07:36] rifle did. Granddaddy's shooting iron.

[07:39] Okay.

[07:41] Specifically,

[07:44] specifically

[07:46] it was found

[07:49] and it was alleged to be at least what

[07:53] we're saying to be the instrument of

[07:56] dispatch. I got to watch this for

[07:58] YouTube purposes. The instrument of

[08:00] dispatch

[08:02] for Charlie Kurt. All right.

[08:05] This talk about a magic bullet. This 30

[08:08] odd six hits a piece of cervical and

[08:11] just

[08:14] not not not his head, the bullet. It

[08:16] just fragments because of the of the the

[08:19] the

[08:21] food and the the the diet and the

[08:24] strength and the health. It's ridiculous

[08:27] story. Anyway, but that rifle, right?

[08:30] That's it. Big problem. Can't link it to

[08:34] anything. can't link it because the same

[08:36] way you can't link a lint brush because

[08:38] this had nothing to do with it and

[08:40] neither did that 306.

[08:43] It had nothing to do with this

[08:47] and you can and and you you you can call

[08:49] it all you want. I'll never forget I'll

[08:51] never forget I'll never forget how they

[08:53] said the first time this happened they

[08:54] had all these cable news shows well we

[08:56] have it on expert and expert says well

[08:58] it's it's it's

[09:00] there's a lot of reasons why you can't

[09:02] find any fragment of the bullet or the

[09:05] round yeah why well it's

[09:10] it it often times just obliterates

[09:12] that's that's that's why these are so

[09:15] lethal Uhhuh. Anything else?

[09:18] People were listening to this like, "You

[09:19] got to be kidding. How much did they pay

[09:22] you to say this? It's unbelievable.

[09:27] What?

[09:29] Really?

[09:32] I you know I I'm thinking to myself, I

[09:34] Well, it's so what what would you like

[09:36] me to do?

[09:39] Just to say, you know what, we as a

[09:41] juror, we'll just introduce it into

[09:43] evidence. We'll just just look. It may

[09:45] not be able to connect, you know, with

[09:48] the elimination of Mr. Kirk, but we'll

[09:50] just you just don't don't worry about

[09:53] that.

[09:55] Why do we have ballistics tests? Why?

[09:57] Why? Why don't we just use whatever we

[10:00] find on or near the defendant? That's

[10:02] good enough. No, no, no, no. We normally

[10:07] like to connect them. And if they don't

[10:09] connect, if you can't connect it either

[10:11] by evidence, ballistics, lands and

[10:13] grooves, whatever you want to call it,

[10:15] we say sorry. This is not enough. Sorry.

[10:19] Fingerprints.

[10:22] We only have one little ridge. That's

[10:24] not enough. Oh, come on. It's Look,

[10:26] look, I can explain that. Sometimes

[10:28] these these prints get uh, you know,

[10:31] sloughed off.

[10:34] What do you mean? What is this? What?

[10:36] You're you're not going to let a murder

[10:38] prosecution go because you can't match

[10:40] it. Yes.

[10:42] There's no there's no identification

[10:44] other ways. Oh, come on. Sometime look,

[10:46] sometimes people just can't make they

[10:48] can't ID. It's dark. I've never heard

[10:51] somebody who just,

[10:55] you know,

[10:57] here's a pregnancy test. Let me let me

[11:00] dip this in. Oh, it says negative. Wait

[11:03] a minute. Wait a minute. Sometimes

[11:05] sometimes those things can No, no, it's

[11:07] pregnant. Sometimes they're bad.

[11:09] Sometime maybe you didn't dip enough. I

[11:12] none of this makes any sense. I'm trying

[11:14] to give you an analogy because analogies

[11:15] don't work. It's crazy.

[11:18] They're acting like, well,

[11:21] and then they get mad at you. Oh, I

[11:22] can't believe these conspiracy theorists

[11:24] are getting making a big deal because

[11:25] because the the the gun doesn't test.

[11:27] But here is the

[11:31] here is the million dollar. Oh my god.

[11:35] The million-doll

[11:37] piece of evidence. The million-doll.

[11:40] This is it. this if ever if ever you you

[11:43] need something which is and by the way

[11:45] when you hear this when you hear this

[11:48] when you see this when you're aware of

[11:50] this you will say to yourself oh my god

[11:53] that makes complete and total sense

[11:55] complete and total sense

[11:58] there is a fellow

[12:02] and by the way I always give credit to

[12:04] all of these great great fellow brothers

[12:09] and sisters in the world who will bring

[12:14] things up. I I'm telling you, I I hear

[12:16] it all the time.

[12:19] And there's a fellow named Valhalla VFT

[12:25] who one time said something which was so

[12:28] good. He said this um when did he say

[12:32] this? This is not new. It was a while

[12:34] back. It was uh it's about a month ago.

[12:38] You know, I'm trying to think of new

[12:40] ways, new new new new ways to to bring

[12:43] this and and I'm sifting through. I'm

[12:45] watching so many Listen, I guess we're

[12:48] at war and I'm just immersed in this

[12:51] Charlie Kirk Robinson things. Anyway, he

[12:55] said, "You know that uh that rifle they

[12:59] had, these these these gun sniffing dogs

[13:04] couldn't find it." I'll tell you one

[13:06] thing because of his special forces

[13:09] training and his extensive military

[13:10] background. He said, "I can tell you

[13:11] these dogs can they can they can smell a

[13:14] fish fart." You know, let me tell you

[13:15] something. They they they are so if

[13:17] there's one little micro micron

[13:21] microgram

[13:22] any pic of this floating, it'll find it.

[13:26] You can they they can smell this stuff.

[13:31] Huh. And that should have been like the

[13:33] tip off. That should have been like,

[13:34] "Wait a minute, wait a minute." I think

[13:36] he just answered the question. But he

[13:39] continues. He says, "And do you know

[13:41] why? Do you know why the FBI dogs,

[13:43] whatever, couldn't find this? Do you

[13:44] know why? Do you know why they couldn't

[13:47] find that rifle? Do you do you do you

[13:51] know why these dogs that are trained to

[13:54] find weapons that have been fired? Do

[13:56] you know why they didn't find it? Do you

[13:58] know why? Why? Because they did. It

[14:02] wasn't fired.

[14:05] It's like the most

[14:07] obvious.

[14:09] Duh. Yes.

[14:13] And do you know why the blood splatter

[14:16] experts didn't find any blood? Because

[14:20] there was no blood. Because you know

[14:23] what I mean? It just so you have this

[14:27] weapon

[14:28] that's wrapped in a towel thrown out

[14:32] that wasn't fired

[14:37] because if it had been fired those dogs

[14:39] would have been in the next county and

[14:42] they they would have been off.

[14:46] So,

[14:48] you think maybe somebody might have

[14:50] dropped that gun there?

[14:54] You think maybe somebody might have

[14:56] dropped that gun there? You think maybe

[14:58] somebody might have planted him? What do

[15:00] you think, Aunt B? What do you think,

[15:02] Goomer? Huh? What do you think, Shazam?

[15:04] What do you think about that?

[15:07] Okay, pretty good, huh? Good.

[15:10] Makes sense to me, doesn't it? Makes

[15:13] sense. Makes a lot of sense to me.

[15:16] And the first one I do is I'd call I Oh

[15:18] my god, we've got some of the best

[15:20] witnesses.

[15:23] You should have heard I say this all the

[15:25] time. Jimmy Door on uh on the on the

[15:27] evidence of taking the gun apart. I

[15:29] mean, this is this this is

[15:31] the the defense team has some of the

[15:34] best

[15:36] voices out there because it comes down

[15:37] to facts and it comes down to practical.

[15:39] Okay,

[15:42] here's the problem.

[15:44] What the hell does he do? What what what

[15:46] was what was Tyler confessing to or

[15:51] admitting to to his parents? What

[15:55] what the magical gun? Does this is he

[15:58] stupid? Is he they start with does he

[16:00] think that bring first of all I don't

[16:02] think he brought anything. But

[16:05] if I could sit there and say Tyler

[16:09] I'm your lawyer Tyler. You you can

[16:11] answer this question and I can't tell

[16:12] anybody. Attorney client privilege. Did

[16:14] you shoot? Did Did you shoot him?

[16:16] Did you? Yeah. With what?

[16:19] With what? Sure as hell not that thing.

[16:22] That old granddaddy shooting iron. What

[16:24] did you shoot him with? And most

[16:27] probably I'll bet you anything he says

[16:29] no.

[16:31] Then what the hell are they talking

[16:32] about you confess to then? And if you

[16:34] did confess, you're nuts.

[16:38] Then you must have a there must be

[16:39] another rifle out there because it sure

[16:41] as hell isn't that one. What are you

[16:42] confessing to? And what do you said? Hey

[16:45] guys, with your discord and your gay

[16:49] girlfriend, boyfriend, whatever this

[16:51] whatever

[16:53] I was there, he was saying some some bad

[16:57] things. Wait a minute. See what I mean?

[17:00] This this is why I'm like that. See,

[17:02] sometimes in law there are these

[17:05] conundrums or conundra. These things

[17:07] don't make any sense. They're kind of

[17:08] illogical, but they're fun.

[17:10] One of them is

[17:13] there's no such thing as attempted

[17:14] assault.

[17:16] Why? Well, because assault is attempted

[17:19] battery. So, attempted assault would be

[17:21] attempted attempted battery. Little

[17:22] things like that.

[17:25] People always ask the question of can

[17:27] you can you clone yourself? Yes, perhaps

[17:30] you can. What is the clone in relation

[17:32] to you? It's you.

[17:35] Who are its parents? Your parents.

[17:39] I mean, you know, it's it's it's it's

[17:41] fun. We're not there yet, but it's kind

[17:43] of who we are and why we do this. This

[17:46] one, you're going to need wider erase

[17:48] board and you're going to need Irwin

[17:50] Corey or somebody to come in to explain

[17:52] this because I'm telling you, it's nuts.

[17:56] So, listen carefully. I don't have any

[17:59] dog in this fight, any skin in this game

[18:01] or whatever you want to call it. Tyler

[18:03] Robinson is somebody who was just well,

[18:05] he's just who he is. But I've got this

[18:07] thing. I've got this funny thing as an

[18:09] officer of the court.

[18:12] It's called the Constitution. When I

[18:14] have sworn into a member of the Florida

[18:16] Bar and the New York Bar and the New

[18:17] Jersey bar and the DC bar and the

[18:19] Supreme Court of the United States and

[18:21] all of the attendant federal courts, the

[18:23] thing we always swear to is to uphold

[18:26] the Constitution. Not to uphold justice

[18:29] or prosecute the guilty, but to uphold

[18:32] the Constitution. And if that kid is

[18:36] found guilty based on this and you

[18:40] can that's a legal term, by the way,

[18:43] then there's something very wrong here.

[18:47] And I mean something really, really

[18:50] wrong. Fine. What the hell are you

[18:52] talking about? Are are are you were you

[18:56] planning?

[18:59] How did that get there? Now, first of

[19:01] all, to know to know that he'd be in the

[19:03] room with you would be terrific. He

[19:04] says, "I don't know."

[19:07] What if What if Tyler said, "I never

[19:10] said any of that." Yeah. I don't know

[19:12] why I'm here. I don't know why I'm here.

[19:15] I never I I Well, well, did you did you

[19:18] tell your your father that you did this

[19:20] or you were involved in this or And if

[19:23] he did with what?

[19:26] And by the way, did anybody check his

[19:28] hand for GSR gunshot residue or anything

[19:31] like that? Remember the old days they

[19:32] did these nitroine or or paraffin test?

[19:35] Did Did anybody check his cheek? No.

[19:38] This is like the worst case. And by the

[19:40] way, if he had confessed, you would have

[19:43] bet it would have been right there.

[19:45] Right there. You You want to confess to

[19:47] the cops, not the father?

[19:51] Are you sure he said that?

[19:54] Well,

[19:57] I don't know if he said that.

[20:00] Now, we're getting into it's not hearsay

[20:02] because it's an exception because it's

[20:03] an admission. But, but the point is the

[20:06] cops would be there. Would you would you

[20:07] sign this? Can we reduce this to

[20:08] writing? Is this your Would you sign

[20:10] this, please?

[20:12] Did anybody threaten you in any way or

[20:14] promise you anything? Now, would you

[20:15] sign this? Was this made free? You know,

[20:17] not out of duress. Do we have a camera

[20:19] of this? Would you sign this? Yeah, you

[20:21] can. You can keep the pen. Well, maybe

[20:22] not cuz you'll probably be any

[20:26] that's the way cops do it. You've seen

[20:28] them on TV. This So anyway,

[20:32] let's move backwards.

[20:34] This would be now assuming assuming and

[20:38] I keep saying this that somehow that

[20:40] rifle gets into evidence. How? I don't

[20:43] know. The lint brush should be in

[20:46] evidence. It had nothing to do with it

[20:48] either. But his DNA is all over. Oh,

[20:52] they made a big deal. His DNA was all

[20:54] over it. It's his.

[20:57] What about the other people, though?

[20:59] Let's check those DNAs. By the way, the

[21:02] uh who found this? Yeah. Can we check

[21:04] your DNA, please? Thank you very much.

[21:06] I'm not sure what this DNA is,

[21:07] fingerprints or whatever. These are the

[21:09] only people who make a big deal over the

[21:10] fact that they found his DNA on

[21:11] something he owned. This This is where

[21:13] we're going with these people. This is

[21:15] where we're going. This is the lunacy.

[21:18] This This is great. this. Let me tell

[21:21] you something. The reason why he's going

[21:22] to walk is that this jury is going to

[21:23] say, "What the hell is going on here?

[21:27] What what do you have? Why is he even in

[21:30] jail?" Forget the preliminary hearing or

[21:32] that's coming up. I'm going to say,

[21:33] "What the hell are you holding him for?

[21:36] What is your evidence?" They did

[21:38] differently. Ideally, Mr. or Mrs.

[21:41] Prosecutor, when the jury goes back,

[21:44] what exactly are they going to be

[21:45] finding him guilty of? What? The

[21:46] confession. The confession of what?

[21:51] firing a rifle that was never fired

[21:55] using an imaginary ri. What are you

[21:56] talking about? That's it. You told us

[21:59] that's it. You said that's a

[22:04] they couldn't find it.

[22:07] And if those dogs can't find that rifle,

[22:12] it wasn't fired.

[22:14] That's it. And guess whose evidence I

[22:17] use? their own

[22:20] and they'll call call Valhalla VFT or

[22:23] one of these folks show up with your

[22:25] medals and this America brave American

[22:28] soldier who knows a little bit about war

[22:29] who himself saw these people. I mean

[22:31] this is nuts. You work backwards. It's

[22:34] like they create this premise and you're

[22:36] saying no well okay there was a

[22:39] confession but if he confessed what is

[22:42] he confessing to? because he would have

[22:46] confessed to use the rifle. And then he

[22:51] what?

[22:53] And then he supposedly said, "Hey, can

[22:54] you can can you get granddaddy shooting

[22:56] iron? Why?

[23:01] Why?

[23:02] What are you worried about? Did you

[23:04] bring that?" And this is where Jimmy

[23:05] Door comes into uh uh the key where he

[23:08] talks about breaking it down and how

[23:11] preposterous this would be. Not only

[23:13] that, not only that trying to get

[23:15] somebody to go and to retrieve

[23:16] something. I mean, not not not this this

[23:19] case

[23:21] makes no sense. I haven't even gone to

[23:23] the ballistics yet. I haven't even

[23:25] talked about that. I haven't even

[23:28] It's like, imagine you're going to

[23:30] introduce a confession of a person who

[23:34] used a weapon that was never fired.