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Sunday 31 May 2026 04:43:47 GMT
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The chief deputy prosecutor in the capital murder case against Charlie Kirk's accused killer pushed back today against the judge's approach to the probable cause determination. Chad Grunander spoke up before Tyler Robinson's lawyers called a second DNA analyst as a witness. He implied the testimony is far beyond the scope of a preliminary hearing, which is to determine if probable cause supports charges against a criminal defendant. He cited case law that
The chief deputy prosecutor in the capital murder case against Charlie Kirk's accused killer pushed back today against the judge's approach to the probable cause determination. Chad Grunander spoke up before Tyler Robinson's lawyers called a second DNA analyst as a witness. He implied the testimony is far beyond the scope of a preliminary hearing, which is to determine if probable cause supports charges against a criminal defendant. He cited case law that "bars the magistrate from requiring the prosecution to address or even eliminate alternative inferences that could be drawn from the evidence in favor of the defense." "This means that when reasonable inferences from the evidence cut both for and against the state's case, the magistrate lacks the discretion to choose between them and must leave such a determination to the fact finder at trial," Grunander said. Grunander said defense witness testimony challenging the DNA evidence is essentially useless. "Even assuming the defense scores points today in calling these witnesses, again the court cannot really weigh those in favor of the defense," Grunander said. He said the judge "has heard four days of testimony now." "The evidence is overwhelming; it's devastating, and the question needs to be asked, the purpose of continuing with testimony, if it's long and drawn out," Grunander said. "If course the defense has the right to call witnesses, but it needs to be within the context of this preliminary hearing," he said. Judge Graf heard from Robinson's lawyer Michael Burt, who said he will "keep this next witness focused on the issue that I think is relevant, which is the state presented DNA reports through a non-expert. They selectively read into the record a portion of those reports, which left an extremely misleading impression of the significance of that evidence. So I have the author of the report here, and I'm going to hopefully educate the court on what the limitations are of the report, and that's it." Judge Graf told Burt to call his next witness and did not respond to Grunander's comments. Graf is a former city councilman in Toole, Utah, who earned his juris doctor at the University of Utah College of Law. He was a deputy prosecutor in Davis, Utah and Salt Lake counties before Gov. Spencer Cox appointed him to the 4th Judicial District bench in Provo in May 2025. #law #court #crime
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