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Tyler Robinson's Defense Wanted a Secret Trial? Baron Coleman Early Thoughts On Charlie Kirk Case
YouTube video by Baron Coleman Clips (@BaronColemanClips) (https://www.youtube.com/watch?v=Wt38Y94Yo0A). OPINION COMMENTARY by Baron Coleman (Baron Coleman Clips (@BaronColemanClips)) — one commentator's contested analysis of the Charlie Kirk assassination and the State v. Tyler Robinson prosecution. These are his own assertions and theories, NOT the court record, NOT established fact, and NOT endorsed by profoundd; some make unverified allegations about named individuals. Archived here, attributed and lane-separated as commentary, so the claims can be weighed against the primary record — the tyler-robinson-trial hearings and filings in this same collection. Inclusion in this archive is not evidence of truth.
where the defense team, not the state, I was really shocked by this. It is Tyler Robinson's defense that wants to hold Let me show you a rule. This is the Utah State Court website. This is about electronic media coverage of court proceedings. There's been a question, I've raised the question, it's been raised on this program many times. Will we get to see the Tyler Robinson trial on television? The answer might be yes. Here is the rule. Presumption of electronic media coverage and restrictions on coverage. There is a presumption. This is a presumption in Utah courts. There is a presumption that electronic media coverage by a news reporter shall be permitted in public proceedings where the predominant purpose of the electronic media coverage request is journalism or dissemination of news to the public. So that's that's the general rule. The general rule is that electronic media coverage meaning televisions and sound and all that the general rule is that these are permissible. These are allowed. The judge may prohibit or restrict electronic media coverage in those cases only if meaning there are times when a judge may exclude televisions, may exclude audio coverage, but only if the judge finds the reasons for doing so are sufficiently compelling to outweigh the presumption. And they even give you some factors here, some ways to weigh it out. When determining whether this presumption has been overcome and whether such coverage should be prohibited or restricted, a judge s shall consider some or all of the following factors. In other words, you have to make a determination based on these factors. Not all of them. These aren't elements. These are factors. But you have to satisfy at least some of them. and and not just identify that they exist but identify that they exist in such a capacity that they overcome the the presumption. In other words, there's this presumption that exists but it is a rebuttable presumption presumption a factor one whether there is a reasonable likelihood that media coverage will prejudice the rights of the parties to a fair proceeding. We can think of examples where that might take place whether there's a reasonable likelihood that the electronic media coverage will jeopardize the safety or well-being of an individual. We can think of cases where that might exist. Whether there's a reasonable likelihood that the electronic media coverage will jeopardize the interests or well-being of a minor. That's not at play here. There are no minors involved here. Whether there's a reasonable likelihood that electronic media coverage will constitute an unwarrant and warranted invasion of privacy. Well, that's not the case here. There's no private facts. questions whether or not he unalived Tyler Robbins. I mean, uh, Charlie Kirk, whether electronic media coverage will create adverse effects greater than those caused by the coverage without recording or transmitting images or sound. That's a that that's that's a little vague to me, but I wouldn't if I'm a judge, I'm not hanging my decision on that one. The adequacy of the court's facilities. Well, we don't have a problem there because they've had cameras and sound in the courtroom already. The facilities are obviously adequate. I'll go back and give you some examples. Hold, please. The public interest in and newsworthiness of the proceedings. In other words, if it's a newsworthy proceeding where there's a lot of public interest, you have to consider that.We're not talking about some guy who did a strong armed robbery at the 7-Eleven, potentially beneficial effects of allowing public observation of the proceeding through electronic media coverage. Beneficial effects. So again, this would weigh in favor of the television coming in. What's a bene we'll go through the examples in a second. Any other factor? So this is the catchall down here. So let's go through some of these. a reasonable likelihood the electronic media coverage will prejudice the rights of the parties to a fair proceeding. I think of things that are so shocking to the conscience that no reasonable person could look past it and say if I'm aware of that then I cannot rule fairly I will not allow the the law to let him off. So think of uh crimes against children. Um, think of particularly heinous crimes against, you know, uh, just things that shock the conscience, right? Maybe maybe someone so mutilated a corpse or something that they just just like, you know, they any person who looks at is going to say, "This guy's just an animal. This isn't even a human being. Like, this isn't a crime of passion. This isn't premeditated. This is like psychopathy. This guy's nuts. We can't possibly let him out." Well, what if the evidence weighs in favor of him getting out? Yeah, but did you see what he did? So, I I think that would be an example there. I don't I don't see that as an issue in this case. People get shot every day. I mean, we we have we have television coverage of of gunshot victims all the time. We we had television coverage of OJ Simpson. Whether there's a reasonable likelihood that it will jeopardize the safety of an individual. Let's say there's a a again uh crime against children. I think a lot of these are aimed at crimes against children. I don't think they're aimed at routine gunshot wounds. But let's say there's a a situation where nobody on earth would conclude that that person should continue breathing, right? I mean, just just, you know, horrific, unimaginable crimes, the type of crimes where you where you where you think of, you know, or or let's say it's somebody whose face has never been seen and there's a chance they're going to get off and and walk free again one day, but if you if you advertise their face all over television, they'll never be able to walk safely down the street ever again. So, it's it's jeopardizing the safety or well-being. Or maybe it jeopardizes the safety or wellbeing of a witness. Maybe the witnesses are undercover this or undercover that and there's this giant ring or maybe maybe we have uh uh large trafficking rings or maybe we have um you know uh drug empires or something and everybody's safety will be at risk if we put these people's faces on TV. Again, this is a routine gunshot wound. The well-being of a minor we talked about that doesn't really exist. Unwarranted invasion of privacy doesn't really exist. Uh this is this is kind of a weird one. uh create adverse effects greater than the I mean that's that's what you're asking the judge to do. Are there adverse effects that outweigh the interest? In other words, we we we this is a this is weight. By the way, this is not if you identify one, it's out. This is a weight. We have we have the scales of justice and and and we're putting facts over here. Oh, well, it could jeopardize safety a little bit. Well, well, I know, but but the public needs to know that it's it's being conducted fairly, right?Uh uh well, yeah, but there's there's young children's identities that we're trying to protect. Okay, that might be a lot. Well, you know, and so you just weigh it. I don't think anybody can look at this and conclude that these factors are impossible for Tyler Robinson to get a fair trial or to be safe. If the judge prohibits or restricts it, he has to make a particularized finding. That's from the rule here. I'll pull it back up. So, if he does restrict it, and I'm getting the sense he won't, but if he does restrict it, he has to make a finding on the record, either orally or in writing, and they shall relate to the specific circumstances of the proceedings rather than the judge's own desires, right? It has to, you know, the the the law says, "Judge, you got to let the camera in unless you find these factors are satisfied." And there's a presumption that we let the cameras in. So, it better be good. It better be good. Now, I raise all that in light of a filing that was filed a few days ago. And I I I don't want to bore you to tears. And so I figured the best way to do this is to just show you the response to the filing because the filing was by Tyler Robinson's team. But all their arguments are articulated by You know what? I could probably make this bigger. Let me see if I can Oh, look at that. Yeah. Uh all their arguments are articulated by the state. For example, the defense asked this court to take the extraordinary step of categorically terminating or substantially restricting electronic media coverage of all proceedings in this case. Shame on the defense. Shame on the defense. And I'll say this right now. I've been very cautious just like I was with Erica Kirk. I have been very cautious and I spent weeks, maybe months, telling you guys, hold off on judgment on Erica Kirk. Hold off on judgment of Erica Kirk. Let's be fair to her. She might be a grieving widow. She might be scared out of her mind. She might think her safety is in jeopardy. She might be scared for the safety of her children. Let's not jump to conclusions. I did that for months. You I see the people discussing my stimware. It's a classy joint, ladies and gentlemen. But I am over the defense. Now, if you guys want to conduct a trial where people like me, other lawyers, members of the public cannot look over your shoulder and make sure he is getting a zealous defense and that all possible defenses are being raised, all reasonable defenses are being raised. The the decentralized public investigation in the Tyler Robinson case has been nothing short of remarkable. I've never seen anything like it. I've never seen anything like it in public. The Vegas shooting did not get this much treatment. There was a few days where a lot of people were talking about it, then it sort of went away. Uh John Coen and Jason Goodman talked about it for a while. Oh man, that was a wild members interview. Holy mackerel. Someone asked me what I thought. I said it was like walking a cat without a leash. Like walking a cat around the neighborhood without a leash. I felt like I was running him down like, "Hey, come come back on the walkway here, man." But people should be able to look over their shoulder and say, "Hey, the decentralized investigation has raised a lot of potential defenses for Tyler Robinson. You guys better consider them." There are people, there are camera angles. I mean, uh uh what was the woman? I can't remember her name.She went out to UVU and pointed around and saw all the different cameras that were up around the campus that would have had a great view of everything. What was her name? Gamma something. She was great. Ian Ian went out there early on. Have you guys talked to the concrete company who was asked to dig up the scene and pave over it? Have you requested all the camera footage that's around? Have you seen where Kelly Rabin spotted somebody that looked like potentially on the Sorenson Center, not the Losi center, but a figure in white coming and going in the screen? Have you seen that? Does the state have an explanation for that? If you raise it, have you talked to the people who recorded these footage about what they saw? Glenn, that was her name. Glennham, she did a great job. Walked around campus and pointed out all the different cameras that had a great angle. I like to give credit to people where I can find it. Have you guys interviewed the security team and asked Dan Flood why he why he's given baseball signals? Have you asked Frank Turk why he's given baseball signals that that that Dan Flood looks at before he goes into his countdown? Have you asked Rick Cutler what he was doing with his sleeve and what was in his hand? Because there's an image of something in his hand. I think unless that was altered. I saw an image. Have you asked Terrell Farnsworth how he knew to run immediately to that spot, pull out his I saw that video in person, by the way. The original.