Statement From Charlie Kirk's Pastor Is Evidence Of Tyler Robinson's Motive, Prosecutor Says

A four-paragraph written statement from Charlie Kirk's pastor led to a 35-minute argument about its admissibility, including whether it could be read aloud during the discussion and whether the discussion should be closed to the public. Judge Tony Graf ultimately ruled that the statement from David Engelhardt could be cited and quoted but not read in its entirety. The argument began with defense attorney Richard Novak saying the statement shouldn't be admitted as evidence in Tyler Robinson's preliminary hearing because it's irrelevant. 04:47 "What I'm going to do is I'm going to point out that this proposed exhibit, which is the 1102 Statement of Mr. Engelhardt is basically four paragraphs. The fourth paragraph identifies Mr. Engelhardt, although I say in the third person, as a pastor and as an attorney who was a friend and a counselor to Mr. Kirk and was involved in leadership of Turning Point USA" 06:25 "None of this is unknown information that he was a founder, that he was the chief executive officer, that he was the president of the board until his death. So I'm still not sure what the relevance is, and I guess actually what I should say is I don't believe there is any relevance of any of this information." 09:51 "The information alleges ... that Mr. Robinson intentionally selected Mr. Kirk because of Mr. Robinson's belief or perception regarding Mr. Kirk's political expression, and I'm going to focus, if I may, the court's attention on two things..." 12:37 "The 1102 statement is predominantly about what Mr. Engelhardt describes as traditional orthodox Christian values that he believes in, that he believes Mr. Kirk believed in." "And I understand in today's world that there is a crossover between religion and politics. I think we can all acknowledge that. ... But the legislature and the information here are focused on political expression. So, I'm concerned that 1102 state, the 1102 statement of Mr. Engelhardt goes far beyond the scope of what would be admissible if the state has it to prove that Mr. Robinson targeted Mr. Kirk because of Mr. Robinson's belief or perception concerning Mr. Kirk's political expression." "The second element of this is that the victim targeting enhancement focuses on the allegation of what is in Mr. Robinson's state of mind. Not what is in Mr. Kirk's views or deeply held beliefs, sincere religious beliefs, and so the evidence that the state needs to present is not what Mr. Kirk believed or said or what TP USA stood for, it's what was in Mr. Robinson's head, if anything, about selecting Mr. Kirk because of Mr. Kirk's political expression, because that's the information." 14:34 "So, why TP USA exists, what its founding beliefs are what its leaders' beliefs are, what Mr. Englehardt believes Christianity is or is not, is not relevant, and that's why we think it should not be received into evidence." 22:43 Prosecutor Ryan McBride "The evidence is relevant to 2.1 is to the defendant's motive, which is not an element of the defense, but nonetheless is powerful evidence, persuasive evidence, and two, it is relevant to the victim targeting enhancement, which has been described and appears in the information." 23:19 "I think, as you read this statement, it's clear that Charlie Kirk presented both religious and political arguments and positions in his presentations, and that that is what paragraph three says, that he engaged others in tradition and debate, discussion of traditional family values, orthodox Christian views on sexuality, marriage, gender, sex, America's founding principles, political doctrines, and so forth..." 25:11 Novak: "Your Honor is not a jury. Your Honor can look at the exhibit and determine for itself whether it's relevant, whether it meets other criteria for admissibility, not necessary for Mr. McBride to read aloud in open court an exhibit which court has available to it." 27:02 Judge Graf: "In looking at this, typically in court, when evidence is being taken, until it's admitted, one doesn't - it doesn't come in" 28:29 "I do not want to put out evidence that is not admitted in open court until the appropriate time" 31:07 McBride: "I think defense counsel is asking to close the hearing, so that the argument can be made without the public seeing it. I do not want to close the hearing. I do not believe it's necessary to close it" 33:26 David Reymann, lawyer for news organizations 34:20 more from Novak 37:55 Judge rules 41:51 "So the ruling of the court is previously I sustained mr. Novak's objection, and the court will expound upon that, that Mr. McBride and his argument cannot read the entirety of states exhibit 5.1 Can he reference points of it, and specifically quote certain points? The court rules that he can..." 43:06 McBride discusses the document 46:49 "For the state to argue that this exhibit says anything about Mr. Robinson's state of mind should be rejected out of hand