PROVO, Utah — Defense attorneys for the man accused of killing conservative activist Charlie Kirk are continuing to challenge the reliability of DNA testing that prosecutors say ties the defendant to the suspected murder weapon, as a weeklong preliminary hearing resumed Wednesday.
On Tuesday, a member of Tyler Robinson’s legal team questioned an FBI DNA analyst about the methods she used to link Robinson to a bolt-action rifle discovered wrapped in a towel in a wooded area near Utah Valley University, where Kirk was fatally shot in September during a speaking event.
Defense lawyer Michael Burt cast doubt on the analyst’s findings, stating bluntly: “She can’t match Mr. Robinson to the questioned samples.”
Deputy Utah County Attorney Ryan McBride pushed back, arguing that the preliminary hearing was not the appropriate venue to debate the reliability of DNA testing. “The point is there are explanations that are susceptible to different interpretations and arguments,” McBride said. “The court is going to determine if it meets the threshold of reliability at trial.”
FBI analyst Amanda Bakker testified that after Robinson’s roommate provided a DNA sample for comparison, she was able to rerun her analysis and attribute all DNA found to two individuals.
Jennifer Faumuina with the State Bureau of Investigation testified that DNA on the towel matched two people — Robinson’s roommate, Lance Twiggs, and someone very likely to be Robinson himself.
Surveillance footage shown in court from the day of the shooting depicted Robinson climbing over a railing onto a rooftop, crouching down, and moving to a position overlooking the area where Kirk was speaking, according to testimony from Utah State Bureau of Investigation Agent David Hull.
Hull testified that following the shooting, Robinson ran back across the rooftop, dropped to the ground, and fled on foot. Robinson later turned himself in to authorities.
Defense attorney Kathryn Nester questioned Hull’s handling of the crime scene and raised questions about a bullet found on campus in a location separate from the alleged shooting site. Hull explained that bullet was traced to a law enforcement officer who had “cleared” his weapon, ejecting an unused round.
Prosecutors contend the shooting put others at Kirk’s campus event in danger — an aggravating factor that could make the crime eligible for the death penalty under Utah law. Robinson also faces potential sentence enhancements based on the prosecution’s claim that he targeted Kirk because of his political beliefs.
Investigators say that on September 10, during one of several visits Robinson made to campus, he went to the amphitheater where Kirk was later shot and made contact with representatives of Turning Point USA, a conservative organization co-founded by Kirk.
Prosecutors allege Robinson left a written note for Twiggs — who was also his romantic partner — that read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.” He also allegedly sent a text message saying he targeted Kirk because he “had enough of his hatred.”
Robinson’s defense team pushed back against the notion that he harbored hostility toward Kirk’s political views. Defense attorney Richard Novak sought to block prosecutors from introducing a statement describing the traditional Christian values of Turning Point USA. “This doesn’t say anything about Mr. Robinson’s state of mind,” Novak argued. “I don’t think that this court should be deciding — based on the record before it — where, if at all, politics and religion intersect.”
Judge Tony Graf ruled the Turning Point USA statement was relevant and would be “provisionally admitted,” with a final decision to come at a later date. Robinson has not yet entered a plea, and his attorneys have not addressed his guilt or innocence. Efforts by the defense to remove the death penalty as a possible punishment have so far been unsuccessful.
