Lawyers for the man accused of killing conservative activist Charlie Kirk are expected to keep questioning the reliability of DNA testing used to link the defendant to the suspected murder weapon when a weeklong hearing resumes Wednesday.
A member of Tyler Robinson’s defense team interrogated a DNA analyst from the FBI on Tuesday about the techniques she used to connect Robinson to a towel wrapped around a rifle found at Utah Valley University, where Kirk was shot in September while speaking to a large crowd.
Defense lawyer Michael Burt cast doubt on the analyst’s conclusions — a theme likely to recur during the five-day preliminary hearing.
“She can’t match Mr. Robinson to the questioned samples,” Burt argued.
Deputy Utah County Attorney Ryan McBride countered that the reliability of the DNA testing could be examined if the case goes to trial. He suggested the preliminary hearing — where prosecutors have a lower burden of proof compared with a trial — was not the time to take up the matter.
“The point is there are explanations that are susceptible to different interpretations and arguments,” McBride said. “Ultimately, we’re going to have an expert hearing where all the literature is going to be before the court and the court is going to determine if it meets the threshold of reliability for admission to trial.”
Prosecutors intend to seek the death penalty. State District Judge Tony Graf will decide at the conclusion of this week’s hearing if they have enough evidence to bring Robinson to trial on an aggravated murder charge.
Robinson has not yet entered a plea and his attorneys have not commented on his guilt or innocence. They have, however, sought to get the death penalty taken off the table, so far unsuccessfully.
Prosecutors must show they have enough evidence for a trial
FBI analyst Amanda Bakker said after Robinson’s roommate, Lance Twiggs, provided a DNA sample for comparison, she was able to rerun her tests and attribute all of the DNA to two people.
Investigators found the towel and suspected murder weapon — a bolt-action rifle with one spent round — in a wooded area near where Kirk was shot.
Wait, so the DNA found near the rifle they found in the woods was inconclusive until they added someone else's DNA, and there were previously rumors that the rifle they found in the woods was not a match for the ballistic evidence recovered from the scene?
I'm not saying one way or another about the defendant, but the FBI and state are fucking the dog on this investigation.
