The Megyn Kelly Show - The Full BOMBSHELL Lance Twiggs Video, Plus New Robinson Texts Revealed, with Geragos, Murphy, Aronberg, Eiglarsh, and Frei | Ep. 1356

Episode Date: July 9, 2026

Megyn Kelly plays the full Lance Twiggs recording shown during the Tyler Robinson preliminary hearing, featuring Twiggs’ account of Robinson’s actions before and after the assassination of Charlie... Kirk, new information showing Twiggs interacted with Robinson personally the day after the shooting, the new Lance Twiggs and Tyler Robinson text messages that were read in court, and more. Plus, "Turkey Tom" Tom Swanson’s reporting on the man alleged to have assassinated Charlie Kirk Tyler Robinson, alleged new details from a source about Lance Twiggs and Robinson’s lives before the killing, and serious questions about Twiggs' mental state alleged by the source. And legal experts and hosts Matt Murphy, Mark Geragos, Dave Aronberg, Mark Eiglarsh, and Viva Frei, join to discuss the judge’s constant delays in the Tyler Robinson hearing, whether he's following protocol or if he's in over his head, the debate over whether the court is keeping critical information from the public, whether Lance Twiggs could face co-conspirator charges, the significance of his DNA allegedly being found on key evidence along with Robinson's, the implications of his use immunity agreement, the biggest revelations from Lance Twiggs’ video played in court, the significance of the Lance Twiggs testimony played at the Robinson hearing, growing questions about Twiggs’ potential involvement or foreknowledge, what the evidence surrounding the engraved bullets could mean for the prosecution, whether Lance Twiggs might have been lying in his recorded video, what others may have known about what Robinson was planning, and more.   Subscribe to MK True Crime to find ALL the shows: Apple: https://podcasts.apple.com/us/podcast/mk-true-crime/id1829831499 Spotify: https://open.spotify.com/show/4o80I2RSC2NvY51TIaKkJW YouTube: https://www.youtube.com/@MKTrueCrime?sub_confirmation=1     Frei- https://rumble.com/user/vivafrei   Supersure Insurance: Upgrade your business insurance to a year-round SuperAgency at https://Supersure.com/Megyn Relief Factor: Reclaim your mobility and celebrate your freedom from aches this year by grabbing your $17.76 3-week QuickStart at https://ReliefFactor.com or by calling 800-4-RELIEF. Herald Group: Learn more at https://GuardYourCard.com The Wellness Company: Don’t let a sudden illness derail your summer—secure your peace of mind and save $45 on a Medical Emergency Kit today by visiting https://UrgentCareKit.com/MK and using promo code MK.   Follow The Megyn Kelly Show on all social platforms: YouTube: https://www.youtube.com/MegynKelly Twitter: http://Twitter.com/MegynKellyShow Instagram: http://Instagram.com/MegynKellyShow Facebook: http://Facebook.com/MegynKellyShow Find out more information at:https://www.devilmaycaremedia.com/megynkellyshow Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Transcript
Discussion (0)
Starting point is 00:00:00 Welcome to The Megan Kelly Show, live on Sirius XM Channel 111 every weekday at New East. Hey, everyone, I'm Megan Kelly. Welcome to the Megan Kelly Show. We are in day four of the Tyler Robinson preliminary hearing. It's happening right now, the man accused of murdering our friend Charlie Kirk. With the most anticipated moment of the entire week, expected any moment now, that is the recorded interview between prosecutors and Lance Twigs, the alleged trans furry lover, and roommate of Tyler Robinson. This has been a major point of contention
Starting point is 00:00:40 between the prosecution and the defense. They have spent hours arguing over what would be played, how much of it, and how much the public will get to see. The lawyer for Erica Kirk and her family has even now gotten involved, filing this document,
Starting point is 00:00:57 demanding that they be able to see and hear what the court is going to see and hear. There's some restriction on what they're going to put out to the media, but Charlie's widow would like to know what the evidence is in her husband's murder case. It is ridiculous how weak this judge has been. He was only put on the bench last May. You can tell. He's not confident.
Starting point is 00:01:25 He is overly indulgent of the defense's objections, whereas a seasoned jurist would have dismissed most of them out of hand. noted, overruled, let's move on. He takes every single objection as seriously as if the U.S. Supreme Court is going to weigh in on every single one. He doesn't have the confidence to put the ones that are serious and actually could get him in this trial in trouble in one category, and the ones that are obviously perfunctory and mention to preserve a record in a different category. And it's delaying this proceeding interminably. It is unfair. And by the way, he is treating the Kirk family like they are bystanders there with absolutely no stake in this thing.
Starting point is 00:02:10 So they've filed this motion saying under Utah law, the crime victims families have a right. We have a literally, we have a literal right under Utah law to be informed of, to be present at, and to be heard at important criminal justice hearings related to the victim. And they say that that is no, that right is toothless if we're not allowed to see the evidence. How can we be excluded from the people who can see the evidence? The right to be present is hollow, they write, if the victim or his representative is physically in the room, but is prevented from seeing the evidence the court is receiving. A right to attend that does not include the ability to perceive what is happening is not meaningful presence at all.
Starting point is 00:02:56 consistent with statutory command that victims' rights be protected no less vigorously than the defendants, the victim's family's presence must be a real one. The ability to observe in real time the evidence presented in the courtroom they are entitled to occupy. This judge is taking it under advisement. He's going to look at it. Okay. Right now, at 1203 Eastern Time, they are still haggling over which lines from the Lance Twig testimony will be removed from the public's hearing. We're not, we're not going to see the video. The defense won that objection. Why? Because they show him certain exhibits. That makes no sense that they're not in evidence yet. Okay, you could redact the video for those portions. Why don't we get any video?
Starting point is 00:03:45 It's absurd. It makes no sense. It's a preliminary hearing. You can have a witness, take the stand, and look at non-introduced exhibits. And by the way, now the defense, our friend, Enton is saying, oh, many lawyers are saying that this is somehow a fatal flaw potentially that Lance Twiggs wasn't cross-examined in this video and won't be able to be cross-examined.
Starting point is 00:04:08 That's not true. Witnesses you're not entitled to cross-examination at a preliminary hearing. That's not something that you necessarily get. That's not going to clear this deal. The prosecution is not doing anything wrong, and the judge is treating them like they're trying to pull a fast one here. Indulging every
Starting point is 00:04:26 every single banal, baseless objection by the team representing the defendant that they make. It's just maddening. So as they rail over each word that we will or will not be able to hear in the audio-only portion of Lance Twiggs testimony, we are going to do a deep dive for you on Lance Twigs, the man at the center of this hearing today. So we're going to get you up to speed on him, and then as they bring us his testimony, we'll take that in real time. In September, a popular YouTuber by the name of Tom Swanson, who's known as Turkey Tom, that's his moniker, at the platform, dropped a bombshell report about Lance Twigs and Tyler Robinson. Swanson claims that a friend of Robinsonson's and Twigs reached out to him,
Starting point is 00:05:22 providing him with new details about their relationship, what life was like inside their apartment, and the events leading up to the shooting. First, some background on Tom Swanson. He's very popular on YouTube. He has over 1.5 million subscribers. He puts out long-form documentary-style videos about online controversies, mostly to do with internet and gaming culture, and that is clearly how this person found him. In September, he covered Charlie's murder in a 40-minute video that he posted to YouTube.
Starting point is 00:05:52 Watch. Who was actually behind the assassination? A whole day and a half after the shooting, on the evening of the 11th, the pictures of the killer in a cap and dark glasses were released. One of Tyler's friends, who was in the same Discord server with about 18 other people, sent the picture to their chat, jokingly remarking that it looked like Tyler and asking him where he was at. Tyler responded, saying that his doppelganger did it, to which someone else sarcastically replied, Tyler killed Charlie. Clearly, the mere concept of Tyler doing such a thing was something his acquaintances wouldn't even consider. He was a seemingly intelligent guy, as his mother proudly bragged on Facebook about his 4.0 GPA. He was a mild-mannered indoorsman,
Starting point is 00:06:33 who gamed a lot, and although he wasn't a Republican like the rest of his family, he also wasn't even registered to vote and didn't express his opinions that much. Swanson says after that, someone familiar with both Robinson and Twigs reached out to him. This person wanted to remain anonymous, he says, but says that they have been friends with Robinson and Twigs for six years, and that this source, this friend, counted them as close friends of his. Swanson says this person provided Swanson with a multitude of information to verify this person's identity. They also provided photos from inside Twigs and Robinson's apartment, drawings allegedly made by Lance Twigs, and Discord archives of three servers that this person claims that he was in,
Starting point is 00:07:19 along with Twigs and Robinson. Swanson says to his knowledge, the only other people who have the Discord servers outside of the people who were in them is the FBI. Now, we reached out to Swanson
Starting point is 00:07:30 and he stood by his story. So to be clear, this is Swanson's reporting. We have not independently verified the messages sent by the anonymous friend. We did reach out to the FBI who told us they do not comment on ongoing investigations.
Starting point is 00:07:45 The Swanson report was picked up by various outlets online, but others questioned it. Some specifically wondering whether Swanson was being used by someone, possibly the government, to spread information they wanted into the public domain. Fair question. We have no way of verifying or dismissing those suspicions, but since the court has decided to allow such secrecy around the Twigs video,
Starting point is 00:08:09 we decided to air on the side of more disclosure and let viewers decide of what value this is. Twigs has refused to speak with the media, including us. The Daily Mail reports that he and his family have now moved to Texas, where the mail caught up with Twigs on route to or from a Taco Bell, and they report that he refused to speak with them. Swanson, meantime, said he did reach out to Twigs after getting this report from the alleged friend and reports that Twigs told him he could not say anything due to the ongoing investigations.
Starting point is 00:08:44 The Megan Kelly Show also attempted to connect with Lance Twigs and with Swanson's source, but we received no response. A family member of Lance Twigs did speak with Brian Enton of News Nation back in January. Here is what she said, just to set this up, about Twigs and Robinson and those now infamous texts that allegedly were exchanged right after the shooting. There's text messages between Tyler and Lance, where they're texting. after the event. A lot of people find them unusual. The world that they were in, like this gaming world,
Starting point is 00:09:23 like that was a normal way that they kind of spoke, that this wasn't an abnormal. The way they spoke wasn't abnormal. The FBI has said all along that Twigs is cooperating with the authorities. First, we'll start with what this anonymous friend said about Lance Twigs.
Starting point is 00:09:41 We did not censor or redact these texts Swanson said he did censor parts of the texts in order to keep his source's identity private. The friend was a wealth of information. For example, he told Swanson that Robinson and Twigs apartment would, quote, drastically shift from clean to super dirty depending on the state of Lance's mood. He said they would have friends over, but everyone would kind of get weirded out by all the trash. The friend said twigs basically had layers of wires, random Timo trinkets, decorations, random art projects, clothes, and empty alcohol containers everywhere.
Starting point is 00:10:19 And if anyone touched it, he'd get livid. The friend provided this photo, allegedly from inside the apartment. He said twigs would have piles and piles of random messes like this all over the home, but usually it was much worse than what you see in this photo. For the listening audience, it's a long table like you might set up at a Thanksgiving dinner with just wires and electronics and a mess all over it. The friend went on writing, Tyler, quote, was always really level-headed and easygoing,
Starting point is 00:10:52 but Lance could be anywhere from too depressed to talk to to manic wide-eyes crazy person, end quote. The friend said Tyler Robinson loved to talk about hunting, camping, and gaming, but that Lance Twigs had a different personality. If he became too depressed, he would take the day off work and just scroll online, while vaping. He said Twigs also had a habit of doing experiments in the kitchen using Tupperware to grow mold.
Starting point is 00:11:18 He also accused Twigs of doing all kinds of drugs, weed, LSD, DMT, and shrooms. He said Twigs consumed, quote, alcoholic levels of alcohol. DMT is a hallucinogenic triptamine drug that produces a brief but intense visual and auditory hallucinogenic experience. The friend gave details about Twigs' alleged relationship with his family, writing, quote, Lance has always been a little weird and quirky, but never really crazy. He was constantly arguing with his mom every time he saw her, and then ranting about Republicans and Mormons when he got home. Swanson reports that the friend told him that one day Twigs announced he was transgender. The friend did not give a time frame of when this exchange happened, writing, quote, he told me he was trans and that it wouldn't change anything and
Starting point is 00:12:07 that I could even use whatever pronouns, and he wouldn't care, end quote. The friend said after Twigs came out as transgender, twigs started to clean up the house and became, quote, mostly normal. The friend group returned to having in-person gaming nights, and the friend said at first he didn't realize that there was a romantic relationship developing between Twigs and Tyler Robinson, writing, quote, one of my gym buddies was the first to pick up on Tyler and Lance being really close. I was in denial for months because I thought Tyler was straight, and also I kind of did not want it to be true. Eventually, I kind of snapped out of it, like the ninth time I saw them asleep and cuddling on the couch. The friend said at one point he became uncomfortable seeing the pair constantly making out.
Starting point is 00:12:52 The friend said they started noticing changes in Twigs as the presidential election of 2024 got closer. He claims Twigs started complaining about people staring at him, which the friend, thought was weird since Twigs did not care what pronouns people even used for him and had not done much to mask his biological sex besides changing his hairstyle and wearing mascara. Regarding Tyler Robinson, quote, Tyler wouldn't really get political until after the election. He'd sometimes just casually bring up the latest thing Trump had done and complain about what it would do to the country, but in a very level-headed way, end quote. Then he continued, quote, after the election, they became a lot more political, but not to an
Starting point is 00:13:34 extremist level. By this point, I could safely say Lance and Tyler were some flavor of left wing, but never anything I thought was like dangerous. The friend also describes twigs, quote, beginning to grow breasts. The friend does not give a time frame of when this happened, but it seems it would have been in late summer, early fall, 2025. Writing, quote, a couple months before we noticed Lance had been growing breasts and said that he'd been taking black market H.R.T, which I do not know what that would entail, but I think it was making him very erratic. By black market HART, we believe he's referring to hormone replacement medications, obtained without a prescription or medical supervision. Obviously, that would come with all sorts
Starting point is 00:14:17 of risks, including the drugs being counterfeit, corrupted, or the wrong dosage. The friend said that in January 2025, the group held another in-person gaming night. Twigs threw cards and seemed erratic. Writing, Lance had gone upstairs and gone into full tantrum mode and was thrashing around on the floor while Tyler tried to calm him down. This would be by our count, nine months
Starting point is 00:14:43 before Charlie's murder. After that, Lance went fucking mental, this is in quotes, and he'd be super wide-eyed with either a loopy grin or a rictus grin, like the fucking joker depending on his mood. The friend wrote that Twigs began making weird drawings
Starting point is 00:14:59 while giggling, performing more experiments and hardly ever slept. The friend telling Swanson, quote, the experiments got scarier, too, like jugs of water with whisks full of aluminum foil that had two copper wires coming out of them. The friend also sent Swanson several photos of drawings he claims twigs made and left all over the apartment. In this one, you see the drawing reads, Stabilize and Calm Down. In this one near the crease, it reads, I'm alone. The friend sent Swanson numerous photos of the scribbles. It's unclear when these photos were taken either before or after Charlie's murder, we don't know.
Starting point is 00:15:40 But you see the drawings are on post-it notes inside journals, books, and letter paper. The friend Swanson claims told him that while these drawings look creepy, what was scarier was how twigs would giggle as he drew. The friend writing, quote, if I were religious, I would have called an exorcist. the smile was so fucking scary. Twigs also apparently started using chat GPT to solve equations backwards. The friend said the chats went on forever and that Tyler Robinson said at one point that Twigs had been up for three straight days talking to chat GPT. The friend writing to Swanson, again, that's Turkey Tom from whom we're getting this reporting, quote, Twigs would sometimes just be sobbing in Tyler's arms and Tyler would be rocking him back and
Starting point is 00:16:28 fourth. We all thought Tyler was a trooper for putting up with Lance in that state. The friend also sent Swanson a photo of a condom on a bathroom sink and wrote, quote, crazily enough while Lance was like that, Tyler was still hitting that. Obviously he means the pair was having sex. The friend said that at some point prior to Charlie's murder, Lance Twigs had apparently begun seeing a psychologist, writing, quote, we all thought Lance would be okay because he had Tyler, who was basically his handler at this point, to take care of him. But then Twiggs got in a fight with his grandfather and his car was taken away. The friend continued, quote, I imagine Lance was just alone with Tyler in the apartment, just driving
Starting point is 00:17:15 Tyler fucking crazy. I'd be hard pressed to stay sane while living alone with Lance while he's like that. Swanson claims the friend told Swanson that the friend moved away, but would still. have discord calls with Twigs and Robinson, writing, quote, Lance joined and would say like one thing, then be silent, and Tyler would talk just normally. Tyler even joined the call like two weeks before the assassination and acted completely normal, end quote. The friend also addressed Robinson's alleged confession messages to Twigs. In the messages, Robinson refers to Twigs as My Love, which many people have remarks sounds odd for two Gen Z young men. Swanson reports that the friend told him, it is true that Robinson would use that term of
Starting point is 00:18:03 affection for Twigs, writing, for the record, Tyler 100% calls Lance My Love when they are talking alone. That, more than anything, makes those texts real to me, end quote. The friend, Swanson claims, concluded by writing about Robinson's demeanor after Charlie's shooting, quote, after talking to another friend apparently right after he did the shooting, he joined a bunch of different discord calls asking if anyone had seen the news while breathing heavily. And literally the next day he was in the call just chatting with people playing one of his puzzle games. As we mentioned, the friend also appears to have sent Tom Swanson Discord logs. They date back to 2020. Most of them are just back and forth jokes, but one of them is dark. When you see these on the screen,
Starting point is 00:18:50 Tyler Robinson is zealous monkey. Lance Twigs is Fluxillotl. Any other name in the conversation has been blacked out by Tom Swanson. A friend writes, quote, they should remake snakes on a plane. But instead of snakes killing people on a plane, dot, dot, dot, Robinson responds, snakes on a peen. Twigs responds, gross. The friend responds, quote, nobody said gross when you said you wanted to F your two-year-old cousin, Lance. End quote. Obviously, we don't know the context of that message or whether Twigs ever made such a statement.
Starting point is 00:19:27 Maybe the friend was just joking around, but it's obviously disturbing. The friend who Swanson says sent him these messages made no allegations even remotely like that in his own messages about Twigs. It's unclear if the friend in the Discord chat is the same one who contacted Swanson. But there are a few more notable messages, and they include this one from Tyler. Robinson. It was written in 2020 and it reads, quote, I wish at least shit like anti-vax wasn't protected under freedom of speech because it's speech that actively harms people. It's very interesting. He's starting to make distinctions between speech that's okay and speech that's not okay and harmful speech being on the not okay list. Robinson also took issue with being called a
Starting point is 00:20:18 furry by the friend back in 20 who also took issue with being called a furry by the friend back in 2020 writes this the country's going to shit i told someone i wasn't going to watch their anime one time and get called a goddamn furry so he wrote there they didn't appreciate that but then of course he goes on to date a furry and worse i'm going to get to it in a second in 2023 robinson allegedly wrote about the trade school he was then attending quote second day of electrical school were doing basic math, like learning fractions and shit. I paid tuition for this. In July, 2024, Robinson purportedly wrote about the assassination attempt on Donald Trump's life, quote, Snowflake liberals can't shoot straight because they're too busy being gay.
Starting point is 00:21:05 It's very interesting that he's lamenting anti-VAC speak in 2020 and in 2024 talks about snowflake liberals who can't shoot straight. In September of 2025, were told he shot Charlie Kirk because some hate can't be negotiated out. In June of last year, Twigs also posted about a no-kings protest against President Trump, asking if anyone wanted to go to it. It's unclear if he went or if anyone responded. Tom Swanson also detailed some of the other online accounts belonging to Robinson, who, according to Swanson, had been railing against being called a furry in 2020, but was now listing his pronouns as they, them, and mentioning a furry website.
Starting point is 00:21:51 Watch. Tyler had a few blurbs of unusual online presence that I hadn't seen. For example, he had a deviant art under his older handle, Crafton 247, where he lists himself as they slash them. It's not possible for this account to belong to someone else that created it after the assassination as it was created two years ago. Then we have another account with the same exact handle this time on fur affinity. But there doesn't seem to be any significant activity on it, just like on devian art.
Starting point is 00:22:19 And for those of you who don't know, fur affinity is like the, the furry website. It's the number one furry website. Okay. Then there's this final message. This is the full alleged discord chat of Robinson, confessing to murdering Charlie Kirk to the group, which investigative journalist Ken Clippenstein reported in the days following the shooting. Reading from the bottom up, September 10th, friend, Charlie Kirk got shot dead. Another friend. I just saw the video. Holy shit. Rest in peace, I guess. Bro didn't deserve to go out like that. Sad. Someone, appearing to be Robinson, then writes the next day. Hey, guys, I have bad news for you all. It was me at UVU yesterday. I'm sorry for all of this. I'm surrendering through a sheriff friend in a few moments. Thanks for all the good times and laughs. You've all been so amazing. Thank you all for everything. The next day a friend writes,
Starting point is 00:23:16 Hey everyone, if you have not seen the news yet, Tyler's post above is true. He was taken into custody earlier today for the shooting of Charlie Kirk. Regardless of the horrible actions that took place, you must take this moment to remember that God is a living and loving God who loves all his children. God calls sinners
Starting point is 00:23:32 to be his saints. And I ask that you all take a quiet moment to pray for Tyler and his repentance. While Charlie Kirk's politics were not acceptable to some, I ask that we all say a prayer for him and his family. during these confusing times. Love you all.
Starting point is 00:23:47 God bless. And of course, the FBI has alleged that Tyler Robinson did turn himself in through the help of a family friend who was a retired deputy sheriff. The FBI has said that Twigs
Starting point is 00:24:02 is being treated as a significant and essential witness and that he is not a suspect. And that's certainly going to be center stage moments from now. as he speaks out in this much objected to courtroom video over which they continue to haggle. Now 24 minutes after the hour.
Starting point is 00:24:27 Erica Kirk's lawyers, they represent the family, not just Erica. Charlie's parents too and his sister, presumably, are up and down on their feet throughout this morning's proceedings, trying to convince this judge to see reason. He is too soft. He's too indecisive. He is too indulgent.
Starting point is 00:24:49 That's my take on it. We're going to bring in our panel and talk about Lance Twigs in this testimony. And as soon as they begin playing the audio, we will take it live. We begin with Mark Garagos and Matt Murphy, the hosts of In The Well, which you can find at MK True Crime. That's a podcast that you should Google, but it's just our MK True Crime channel in which we have lots of great legal podcasts following big legal news. of the day, including, of course, this case. When you sign your insurance policy for some brokers, that's the finish line, handshake, they get their commission, and then they're kind of done with you.
Starting point is 00:25:25 You may not hear from them again until it's time for renewal, in which case, once again, they're your best friend. That's annoying. But your business runs all year, and so do the gaps and the risk, and things happen. And this is why I want to tell you about super sure. If your company has more than 25 employees, whether you're the owner, the CFO, or the HR manager, it can be too. complex to just buy a policy online. SuperShure is the super agency built just for you. It's licensed in
Starting point is 00:25:51 every state for your business insurance and employee benefits with year-round support for you and your team. At supershure.com, you can access tools like fine print facts, which translates your current policy into plain English so you see what's covered and what's not. Plus a business value calculator so that you can estimate what your business is worth and know what actually needs protecting. Go to supershure.com slash Megan, one super agency, one powerful platform, all your policies in one place. SuperShure.com slash Megan, paid for by SuperSure insurance agency LLC, a licensed insurance agency. So Matt Murphy, what do you make of the, well, the profile that emerges from that lengthy report and also what we're about to hear in court and the nonstop haggling by judge
Starting point is 00:26:42 Edo. Sorry, Garragos. Go ahead, Matt. Well, I see this kind of in the long, in the long form, Megan. I always appreciated careful judges. And I'm going to go a little against the grain here. This is, there's a famous quote. It was a Supreme Court justice. I don't remember his name, but somebody said, it seems like all you do in the Supreme Court, you split hairs. And he said, yeah, that's what we do. We split hairs, we distinguish the indistinguishable, and we chop logic. And that's what we do. These rulings are all about the long game. Every single one of these things is going to go up and receive the highest level of appellate scrutiny. And again, this is just a preliminary hearing. It's like if I had a nickel for every time I've seen Charlie Kirk trial
Starting point is 00:27:32 on the internet right now, this is just a prelim. It's all it is is it's termination of probable cause. And this judge is trying to be careful. And he's indulging the defense because this is an easy way to go through and kind of throw the defense some bones that won't have any impact on the long-term proceedings. And this is, these are all, these are all cheap gimmies to the defense as far as I'm concerned. So I think he's being very careful. I was surprised to learn that he hasn't been on the bench that long. But I think he's doing a pretty good job. I wasn't. He's too indulgent. A more seasoned judge would say, noted, overruled, moved on,
Starting point is 00:28:16 and move on. Like, every single objection. And this defense lawyer objects to everything. Yeah. So everything. So I'll, so let me, I mean, it was common on this the other day. And he, he wants to hear argument on everything to the point where the defense lawyer has no argument. Repeatedly she's had to say, uh, I stand on my earlier argument. She, she can't, she has nothing to add. She's just trying to slow it up. And meanwhile, Erica Kirk has no rights in there, no rights, notwithstanding the Utah law. It's very aggravating that she and his parents can't even see the evidence that's being shown. I'm not talking about the stuff that gets redacted because they've decided it's too prejudicial to, you know, be considered for the prelim.
Starting point is 00:28:58 The stuff that is being admitted but not shown to the media, she's being treated like media. She's not media. She's the victim. The parents are the victims. Why don't they get to see it? So this is what's known as Marcy's Law, Megan. So California has the same thing. And Mark, did you know that it's the same amendment to the Utah Constitution? It's Article 1, Section 28, which I don't know how that works statutorily, but it's literally the exact same statute with the exact same numbers, Megan. So I do Marcy's Law representation on behalf of victims, particularly in sexual assault case.
Starting point is 00:29:29 So I'm really familiar with this. And you're right. And their comments about it being toothless, it is what is known as a right. without a remedy. Victims have rights. It's recognized, but the person, the only people that can appeal it are the defense. So once again, the court has to be really careful about that, because every single one of these things is going to go up, and the Utah Supreme Court has already weighed in, and this is all going to run through the Tenth Circuit. What the judge is doing, I think, is he is ensuring that this thing withstands. He knows how strong the evidence is. He's going to bind him over.
Starting point is 00:30:05 He's going to go to trial. He's going to be. found guilty and he's going to be sentenced to death. And that's what this is all about. It's so the case doesn't come back and he doesn't have to put the family through it again, like my Rodney-Lcala case. We had to try that three times. And the victim's family had to go through it three times, which is devastating for family. I would caution doing Marcy's law work myself, I would caution their Marcy's law attorneys. Like you don't, you want to speak up for the victims. You want to make sure their voices are heard. But you don't want to actually interfere the process and force the judge into making a ruling that's going to get the case dismissed.
Starting point is 00:30:42 The time for the defense- Showing Erica Kirk the exhibits and Mr. and Mrs. Kirk, the exhibits is not going to get this case over-term. That's ridiculous. I agree. It's not going to. There's no reason to exclude them from, to treat them like press. They're not press. Here's, forget my word.
Starting point is 00:30:59 First of all, and the other thing, I've just got to say, it's a bone of contention. The judge continues to call her Miss Kirk. She is not Miss Kirk. She is Mrs. Kirk. She was very notably married to Charlie Kirk. That's why she's there. She's the mother of his children. She's his widow.
Starting point is 00:31:15 Show some respect. Get it right. It's the same way judges should learn how to put, like in Idaho, how the judge still couldn't pronounce, you know, Madison Mogan's name and Zana Kurnodal. Right. All the way up to the end of it's like, learn the names of the victims and their survivors
Starting point is 00:31:32 if you're going to say them as the judge. She's not a miss. He's not even saying Ms. half the time. He's saying miss. It's annoying. And most women who take their husband's name or even just become married, I'm fine when people call me Mrs. Brun, even though I didn't take Doug's last name. The misses is an honorarium that is meaningful to you. Yes. It's an honor to your husband and to the union that you had. And especially in these circumstances, I know he's not doing it intentionally. He's just on my last nerve. Mark, I want to bring you in.
Starting point is 00:32:01 Let me finish that thought. No, no, it's Mark's turn. But listen, I've got to play for you. and the Kirk's family lawyer. Okay, this is him arguing. He's fired up this morning. Take a listen. And we appreciate the court is trying to balance here, but the Kirk family's waited 10 months for this hearing. And they have a right to be here and they have a right to hear the evidence.
Starting point is 00:32:25 They have a right to see and feel what's going on in this courtroom just like, and they want to understand, Judge, what you were viewing. They want to see the evidence. and we understand you have to balance but at a minimum this courtroom needs to be open for the evidence to be displayed openly in this courtroom for them to see it the Utah Constitution gives them the right to be here
Starting point is 00:32:49 and to be here and not to see the evidence what's the point of being here we ask you to let the evidence be seen in the courtroom please thank you for your time thank you counsel okay Mark Garagos Go ahead. You've been so patient. This may have been the most frustrating 30 minutes sitting here listening to this. And you know I love you. You know I adore you and you know I've known you forever. Let me have it. It's fine. Yes. But you are so wrong on so many counts. And at least Matt, who is the consummate gentleman, you know now why I always hated going up against him. I loved him as a person. But he's he's lethal when you go up against him. He articulated. He's, he articulated.
Starting point is 00:33:33 exactly what this judge is doing. Contrary to the characterization that this is, by the way, I think Lancido, before the OJ case was one of if he was on the short list to be in the California Supreme Court, he was one of the most well-respected judges. I know that he got caricatured by OJ, but Lansito, he ran. You're just completely undermining your credibility before you launch into your diatriatrap. I think nobody has ever done a full-throated defense of who he was. when before he did that trial.
Starting point is 00:34:05 Judge, by the way, to Matt's point, there's no way you watch this judge and you think he's new on the bench. He's doing exactly. Yes, there is a way because I watched him and I said, this guy's new on the bench. He doesn't have the confidence. And my team checked and he's been on the bench since May.
Starting point is 00:34:21 And I was right. There is a way. It happened this morning. You come to this case through the, even though you're not a former prosecutor, you look at this is kind of the rabid prosecutorial viewpoint. And that is not. Not the prison.
Starting point is 00:34:35 Not true. Not in this case. I'll tell you why. You're normally right about me. 100%. You're right. And all my instincts are more prosecution oriented. However, in this case, my friend was killed.
Starting point is 00:34:45 In this case, I know the murder victim. And what I really want is for the right person to go to prison. And so I think Tyler Robinson is the trigger man, no question. But I am not closed-minded to his defense. I'm not. I actually, because what's most important to me here is getting it right. Well, so look, both those things. things can be right. He can be the trigger man, number one. Number two, this judge, to Matt's point,
Starting point is 00:35:10 if this judge does not do what he's doing, you do not understand the legal colonoscopy that a death penalty conviction gets. When Matt talks about the Tenth Circuit, you know what he's doing. He's damning with faint praise, the Ninth Circuit, because he's been on the receiving end of doing decades of law, decades of law at the ninth. And the IAC... No, I know. The ninth is ridiculous. But it has gotten better. I have to say we did a deep dive on this last year.
Starting point is 00:35:40 Trump got a bunch of judges on that Ninth Circuit Court of Appeals. And it's not nearly as bad as it used to be. But they're all generally not so great. They're all generally stacked with libs. But what you have to think of the stack of libs is... Look, I'm old enough to remember when the liberals were the ones who challenged authority as opposed to wanted totalitarian authority. So that's kind of an ironic situation.
Starting point is 00:36:04 But the fact is this judge has to do what he's doing. He's doing it very, very adroitly. And Matt's point also, and I found this out kind of ironically during Menendez last year, Marcy's law, which is the victim's right, which is a constitutional right, is a right without a remedy. And when I say in the Menendez case, it was on. full display. I have argued for years that the victims are a proxy for the prosecution. That when they support what the prosecution wants, the victims are right there front and center. When they don't support what the prosecution wants, they're kind of dismissed. But there is
Starting point is 00:36:48 no real enforcement mechanism for victims. It's a right that's enshrined. And Matt, I did not know. it's both Article 1, Section 28, and both constitutions. It's amazing kind of coincidence. But there is, everything that lawyer is saying for Erica Kirk is true to some extent, but it's not really accurate. When he says she's got a right to see all these things, the prosecution is not limited in what they can show or share with her. So yes, the courtroom is limited.
Starting point is 00:37:25 Yes, the public is limited. That is so they don't have a challenge later on to a tainted jury pool because all judges usually kick the can down the road and say, I'll solve that pretrial publicity or prejudice in jury selection. But if you've got a jury selection and a jury pool that is completely tainted by all of the stuff that is now inadmissible, you just make your job infinitely harder. So that he's doing the right thing. to your point about Tyler Robinson. Yes, there is probable cause right now to have Tyler Robinson held to answer, which means bound over for trial. But I will tell you something else.
Starting point is 00:38:08 I'd love to hear Matt's thoughts. I think right now you could clearly get Mr. Twigs or whatever his name is also held to answer for trial as a co-defendant. There is more than enough probable cause that's been developed so far on. Twigs. This idea that he's a subject and not a co-conspirator is nonsense. He'd be held to answer 99 times out of 99 in almost every preliminary hearing court that I've ever been in. I agree with you on Twigs, 100%, but they've given him use immunity. I'm sure Matt has a lot of thoughts on this exchange and wants to get in still on my miss versus misses, I know. But why don't you do that? And then I'll
Starting point is 00:38:52 ask you about use immunity and why Lance Twigs not being charged. Okay, so number one, what Mark was saying, just to pick up on that, the time to sit down with Erica Kirk and the lawyers is in the prosecutor's office and to show her everything. So the argument that she's not receiving all the information is a completely different one than what the public should see. And again, Mark's exactly right. That is so they avoid the challenge long term of the jury pool was tainted because we saw that. We saw that in Koberger, right? The jury pool has been tainted and they had to do a change of venue. There's all kinds of problems that ensued from that.
Starting point is 00:39:26 The place, and I've worked with victims, Megan, every murder case I did, I sat down with the victim's family, I gave my personal cell number. I did that for 21 years. Okay, so I am pro-victim, victim-oriented. I represent victims now. But the place for that is in the prosecutor's office, not in a courtroom if it's going to create issues because nothing is worse than a case coming back. I think the misses versus miss, of course, that's a, he's miss speaking.
Starting point is 00:39:51 that's, you know, I can't take issue with that. You're right. He should, he should clean it up. But look, this is, this is about the long game. And in Utah, he's actually looking at the death penalty. And you want to be careful. There's a crass joke that I'm sure we've all heard about the two bulls standing on the hill. And it's probably inappropriate for me to share it. But it's like, there's a young bull and an old bull. And there's a whole bunch of cows down in the, in the pasture. And the old bull, and the young bull says, the old bull, let's run down there and have sex with one of those cows. And the old bull says, I got a better idea, let's walk down there and have sex with all of those cows. That's how, in a very crass way, you have to look at death penalty cases. It's step by step. You have to be
Starting point is 00:40:36 super careful and super methodical because if you base one single call on emotion, and look, Megan, I'm with you on this. I've had friends who were murdered. I've had two friends, actually three that were murdered, but a good friend of mine got murdered in law school. And, That's, we cannot base decisions ever on the emotions of the moment. You have to look at it long term. Long term is you have to go very carefully step by step. And look, what the defense is doing here, I'm seeing something completely different. There's the frustration of watching the antics.
Starting point is 00:41:10 And one of the reasons why my friend Mark Gerigos is so deadly in front of a jury is juries like him. The personalities of these lawyers is not going to translate. It's annoying. What's that? It's a lot. He's so likable. It's annoying. No, I know. Listen, you have no idea what it's like going up against him.
Starting point is 00:41:26 It's terrible because everybody likes the guy. It must be. So, but you look at this. We watched this during the, we watched this during the, the, the, the, uh, the Cory Richens case, right? That woman, it's the same defense lawyer. She got up and, and, and tactically, you know, they're doing, they're going through the motions. As annoying as it is, as a prosecutor, I love seeing that because their personalities in this, the, they're, it's called Keenan counsel. the other lawyer that's making a lot of these objections.
Starting point is 00:41:53 He just kind of, it's like nails on a chalkboard, listening to him talk. He aggravates the hell out of me. And as a viewer, I want to throw peanuts on my screen. As a prosecutor, you love to see that because when you have somebody that stands up and makes obnoxious, obstreperous, pedantic arguments every 30 seconds, a jury is going to hate that. And they will have zero credibility when they get into the penalty phase. And that is the best thing for Erica Kirk. everybody who is friends with Charlie Kirk.
Starting point is 00:42:23 Matt is so spot on. I have had cases where the prosecutor or if it's a civil case where you're fighting over other people's money, the other person has zero jury appeal and they don't understand it. They just don't understand how
Starting point is 00:42:38 repulsive they are. Repulsive in the sense that repel people against them. A jurors, what happens in a trial, as opposed to a preliminary hearing, in a trial, each side is the voice. Matt is up there giving voice to some, normally, because we did so many cases that were there were dead bodies, literally, well, people who have no
Starting point is 00:43:05 voice. I'm giving voice, hopefully, to somebody who never is going to take the stand. And so you become the proxy. If as the proxy, somebody doesn't want to help you in the jury, the last thing you're going to want to do. And I tell this to my new lawyers, why would you antagonize the jurors? Why, I can understand actually antagonizing the judge sometime if the judge is not likable. Matt and I have always commented on that when we're in a courtroom where the jurors don't like the judge or the judges issuing OSCs on jurors because they're five minutes late and the jurors want to revolt. At that point, I almost purposefully will antagonize the judge. But Absent that, that's your audience, you've got 12 people.
Starting point is 00:43:54 Here, your audience is the public. You don't care. I have not had the pleasure of watching any of these lawyers in trial, but I push back on the objecting at a prelim. At a prelim, I think all bets are off when you're on the defense. You should be pushing. You should be going after the witnesses. You should be objecting. You should be testing everything out.
Starting point is 00:44:17 It's the only way as a defense lawyer that you're going. You can refine. It's a wonderful kind of a test runs. Okay, I got it. I mean, I disagree, and I disagree that the judge has to indulge all of this. And, you know, you can sort of be, you can blanket. Got it. Your blanket objections, unduly prejudicial on the statement. She's made it 25 times. We have to go through it each and every time, each or whatever. Okay, fine. But, but let's talk about Lance Twiggs. Because, you know, if you hear, it's a very, that Turkey Tom report. which we've been looking into for the better part of six months on our team, like running it by the FBI.
Starting point is 00:44:55 Like we've actually done a deep dive on that report. And it hasn't fallen apart. It's been repeated by some others. It hasn't gone far and wide because the original source behind it refuses to come forward and identify him or herself. But it does paint a picture, Matt, I mean, literally with pictures of their alleged apartment of like a dark, destructive, sick. home in which Tyler Robinson for at least some large portion of the final year was okay,
Starting point is 00:45:32 was like holding it together while this roommate was on a trans spiral into the depths of inhumanity. And it does make you wonder what happened. And but it also makes me much more inclined to believe. He probably did know more than he's letting on. And now we've heard his DNA is on the towel that was used to wrap the gun. Okay, it's from their home. Maybe he just touched the towel. I get it. Also the screwdriver that they found on the roof that the prosecution says was used to assemble the gun by Tyler Robinson. I mean, maybe he touched the screwdriver and making all as crazy concoctions on that table. I don't know. But he also was the one corresponding with Tyler in those text messages that sounds somewhat manufactured. It was not you. Was it? Tyler?
Starting point is 00:46:25 It was I, my love. I'm overdoing it. But this is why a lot of people think that it's a fed behind this whole thing or it's a country or somebody's manufacturing these, whereas it could be a real or B, the two of them doing this little cosplaying act to keep Lance twigs out of the Fed's crosshairs when Tyler knew he'd either be dead or arrested, as his own note says. Anyway, what do you make of it all? Well, the description of the house reminded me of the place I lived in law school. But look, there's an old outage. Crimes inheld and evangelists as witnesses. Okay. And we see this all the time when you get a gang case. Like, your witnesses are often little gangsters. Or if you have a crime in jail, you always
Starting point is 00:47:08 of criminals that are your witnesses. The question is, is he telling the truth? And the other thing is, the way I see it, and I'd love Mark's thoughts on this, I think all they have to do with Lance Twiggs is lay the foundation, right? Mark, you got a note written by Tyler Robinson, which is incriminating as hell, the one found under the computer keyboard. And the text messages, all they really need them for is to talk about that. I'm curious to see what else he said. But there's also a love affair here. And this goes to motive by Tyler Robinson that he's somehow, you know, defending the honor of his love, which is how he refers to Lance Twigs. So, you know, the furry world is weird. The idea that Lance is weird kind of fits perfectly in my mind that this is going to be.
Starting point is 00:47:58 Tyler Robinson's gone off the deep end. He's decided that he's going to embrace the trans community and whatever. But then going and committing a murder, you know, as a result of it, it all kind of, it fits in a way. So that's my take on Lance. What does it mean that Lance is getting use immunity, Matt, instead of getting charged as a he has to. He has to. He has to, Megan.
Starting point is 00:48:21 They have to give them use. And especially I think when they go through. Can you explain that? Yeah. So there's two kinds of immunity. There's immunity immunity or what's on as transactional immunity. That's like, you know, you confessed everything you did and you received complete legal absolution.
Starting point is 00:48:34 And those are actually very rare. I only did that twice in my entire career. The other is what's known as use immunity. That's also known in the federal world. It's queen for a day where you sit down and they immunize you against the statements that you make in that interview and the derivative of that. But if independent evidence arises outside of your interview or what they learn or are able to glean from it and further investigation, anything else separate, they can still prosecute you for that. So in other words, you're given sort of carte blanche to talk about. what happened and then they agree not to prosecute you based on those sentences or those statements,
Starting point is 00:49:14 if that makes sense. So that's the common way it's done. And they have to do that. Otherwise, he would have a Fifth Amendment right against testifying when the trial comes around or even at the prelim. If he didn't have it, he'd expose himself federally. That's right. He has to do it. He has a rights of counsel. They have to immunize him so that he can, so that he can participate in the- Do they have a right to cross-examine, Matt? Yes. Ultimately, they certainly do, but you hit the nail on the head on that one, Megan. There's no right to cross-examine somebody at a preliminary hearing.
Starting point is 00:49:50 Hearsay is admissible in Utah, just like it is in California. That's been appealed to the umpteenth that's gone to the U.S. Supreme Court. It's okay to do it with the U.S. So why are you saying otherwise, Mark Garagos? Because in California, as Matt will tell you, when you do a hearsay prelim, we call it a 115 prelim that was based on the proposition. The only way the California Supreme Court said that that withstood constitutional scrutiny is there had to be a corresponding section, which there is in California called 866, which allows the defense to make a proffer to say, I want to either cross-examine the declarant, the hearsay declarant, and here's why, because there's exculpatory evidence that I can show on cross-examination, or I want to call. Well, we're not in California anymore. Yeah, but I got to go.
Starting point is 00:50:38 I got to go because we're 20 seconds to the hard break. Are we coming back with these guys, Steve? Yes, we are. We're holding over. So I'll let you finish that on the opposite side of this break. And hopefully we'll go to the Lance Twiggs testimony as well. We'll be right back. Don't go away.
Starting point is 00:50:52 Our founders believed that freedom wasn't just a word. It was a way of life. The freedom to move forward. The freedom to pursue what matters most. The freedom to live fully. But pain has a way of taking those freedoms away. And that's why a relief factor exists. and I felt the difference personally, thanks to Relief Factor, more than once.
Starting point is 00:51:11 Relief Factor is a 100% drug-free research-based supplement designed to help support a healthy inflammatory response, addressing pain at its source, not just covering it up. Over a million Americans have tried Relief Factor, with about two-thirds going on to order more. So this year, as we celebrate 250 years of freedom, ask yourself a simple question. Are you living with the freedom you deserve? Relief Factor gives you the opportunity to live a pain-free life and get back to the life you love. To commemorate our country's birthday, they are offering a special patriotic price, just $17.76.
Starting point is 00:51:50 So you can celebrate your freedom from pain. Your 17.76 three-week quick start is ready for you now. Visit Relieffactor.com or call 804 Relief. Back with me now are the hosts of In the Well. You can find that podcast just by typing in in the well or MK True Crime in your little purple podcast button on your phone or check it out on YouTube.com. Mark Garigos and Matt Murphy, two lawyers, criminal lawyers of lifetime experience who know what they are talking about. Guys, they're still in a break now. And what we've been told is that now the prosecution, that's just like never ending.
Starting point is 00:52:33 Now the prosecution has agreed to show the video in its redacted. final form to defense counsel, which is what's happening right now behind closed doors, incorporating all the, only the lines that have been agreed upon, and then they'll show it to us. Well, no, I mean, they'll play it for us. We'll be able to hear audio only, which again, makes no sense. Why don't we get to see the audio or the video? It's stupid. Like, what constitutional right is violated by me, Ling, I, on Lance Twigs, then if he's holding exhibits, don't show the exhibits. Why is this so hard? Everything's, it's like, here's part of the problem. And I realize, like, we shouldn't be having
Starting point is 00:53:20 this preliminary hearing for people who have their own theories about what happened here. But the reality is, it actually, like, I think it's good for posterity. I don't think you ever convince a conspiracy theorist not to believe his or her conspiracy. You just don't. I've dealt with enough of them over the course of my life. They never. they never come out of it, ever, no matter what you put up in front. We literally could have Tyler Robinson on camera saying, I did it. I did it alone. I did it because there was too much hate. I did go confess to my parents and then they called the deputy and I turned myself in. And the people would still say it's a lie. It's just, I've had so many of these over my 24 years and news that I know
Starting point is 00:54:04 this to be true. But just for posterity's sake, I think it's valuable to have the video and the audio of the guy saying, he confessed to me. Just the mere fact that he's not going to be on camera is going to set a lot of people off like, was he at a gunpoint? You know, like, how was he really giving this voluntarily? It's like, these are just games. They're games that were playing because of the defenses every objection. And it leads to a frustratingly incomplete record. I get it for now. But who the hell knows when the trial is going to be, Matt Murphy? So this is what's going to be out there for months and months and months on end. Yeah. So going back to the judge for a second, Megan, Mark and I were talking off camera a second ago. One of the things, did you soften to my position?
Starting point is 00:54:53 No. But I want to say something in the hopes of making you feel a little better. Okay. One of the things that you see oftentimes is when you see defense lawyers engaged in this, that they're going through the process. But this is a long, it's a long process, right? And we're going to get into a trial that's going to be a lot longer than this prelim. And the defense objecting like this and challenging the court on everything eventually wears down on every judicial officer, which means they're going to get on his last nerve
Starting point is 00:55:25 at a certain point. I predict probably halfway through the trial. And the jury will see that. And even though the jury's not supposed to take the cue from the judge, they always do. And this is going to, if this continues and look, it's going to continue because we saw this in the Corey Richens trial with the same lawyer. And the guy that she's got up there right now is he has half the personality that she does. And she was not exactly sparkling in front of that other Utah jury. So this is, believe it or not, it's frustrating now.
Starting point is 00:55:55 This is good long term because this is the type of stuff that, that really will have an impact at the end. This kind of object to everything, nails on a chalkboard, slow everything down. It's going to get worse in front of the jury. The jury's going to hate it. And then there's going to be no credibility left when they stand up and say, don't execute my client. And by the- And especially at the trial, Garragos, if we believe the prosecutor, Lance Twiggs is going to show up in person
Starting point is 00:56:24 and be sitting in the witness box. And this business of like, that one line needs to come. out and no one can see him and he can't be confronted with exhibits, that's all out the window. We are going to hear from Lance Twiggs if he is willing to show up there. And he'll get cross-examined. But that testimony is coming out at some point. Yeah. But you have, you've answered kind of your question by that, by saying it.
Starting point is 00:56:51 It doesn't need to come out. And it shouldn't come out now because you've got, you're not, you don't want to, if you're a judge, have to change venue. You don't want to pollute your jerk. But Mark, what's the typical rule? Well, like, in a typical case, wouldn't the preliminary hearing be completely on the public record, on the record and everything accessible by the public? Right. And in a typical case, we're not going to be covering it breathlessly on a podcast. In a typical case, it's not going to be covered to this degree.
Starting point is 00:57:22 It's not going to be what's called, what I always call a supersized. There were breaths. There were breaths. It was not breathless. Okay. Everyone here. The one thing I was going to say is, is during the break, Matt and I agreed that we would give this judge a plus marks. He is doing a spectacular job and a very difficult job.
Starting point is 00:57:46 You can put your head in your hands, but he's doing what he needs to do. You can't, I know people want, there's this kind of short attention span or this immediate gratification. He's not looking at that. To Matt's point, the bull joke, he's got more guts than I do. I wouldn't have told that joke. The bull joke, having sex with every cow is basically what you have to do in a case like this because it's capital litigation. It's just no way around it.
Starting point is 00:58:19 Matt and I were talking on the break. Some of the things he's been hoisted on and I've been hoisted on in murder cases, it would blow your mind. We could tell you stories, both of us. You just can't do what you kind of reflexively want to do, which is just mow through this to get to the conviction. It doesn't work. I don't know, boss, Megan, who taught me how to do capital case litigation, which is death penalty case, which is very, very specialized. And the old saying is death is different. And he used to say his name is Brian Brown. He's a legend. I know Mark knows him well. He's, he, he's, he, he, he, he, he, he, he, said give them everything they want referring to the defense give them everything they want until it's
Starting point is 00:59:02 something you really need okay and that's it that's a good way of looking at it because like mark just said the things that you get reversed for can be so innocuous um and you just don't want to put the family through it again you want to maximize the chances of this being withheld on appeal being upheld on appeal and so you never have to do it again and you let the the poor crook family put this behind them to the greatest extent possible. Another thing they're dealing with is they're dealing with all of these insane conspiracy theories that are out there. And I think that's why we're seeing such a detailed preliminary hearing.
Starting point is 00:59:36 Mark or I on a regular murder case, without a capital case component to this, without a death penalty lingering out there, this is a one-day pre-lim. You put on the rifle, you do the DNA. It's two hours. Yeah, yeah, literally two hours. And they're doing this, I think. it's interesting because there's been so much public discourse
Starting point is 00:59:58 I've seen some insane things on the internet mostly championed by Candace Owens that are it is so loony tinfoil hat out there and I think that's hard on the victim's family so I also want to commend
Starting point is 01:00:14 the prosecution for going through this even though it's five days because it really does change the public discourse on it we're about to separate those that are open-minded to other defense theories from the actual lunatics. It's like the probators with Brian Cobert, right? All of the lewdy theories. Megan, you are right. It's the the reason this is five days. I know Phil Holloway, he loses his mind over this, but the reason is five days, clearly is they're trying to quell some of
Starting point is 01:00:44 the kind of rumors or conspiracy theories. But your point is the most astute when it comes to that. Nothing is going to dispel that. And you put something on all that. does its feed it and amplify it. And so that's no, it's basically the prosecutorial version of no good deed goes unpunished. It's all it does is hard, that stuff. I mean, I don't agree with Candace's theory of this case, but I have to say, I genuinely believe she was traumatized by watching her friend die. I can relate to it.
Starting point is 01:01:15 And I think she's in earnest. And I think she distrust authority. I don't agree with her again, Matt, but I just like, and I know people have very strong feelings about her. I just, I think she's in her own search for what she believes happened here. And she has zero trust in official words on anything. She's making, yeah. I'm not quite that cynical. She's making her harder for Erica Kirk and the entire Kirk family. She's also making things harder on the prosecution. And I, and look, I don't know her. I've never appeared in front of her. I got nothing against her. I got no ax to grind. But she's, she is making things harder for the good guys on
Starting point is 01:01:53 this and Erica Kirk asked her to to stop with the stuff and she said she would and then Erica Kirk asked her I think twice and she's continued she's she's quadrupled down on it and um she sounds insane to me and again I don't know her I would I would debate her any time on on some of this stuff because it's insane like Israel didn't kill Charlie Kirk sorry they just didn't this is this is this is a murder case it's a death penalty case this is what they look like this is what killers sound like. This is this is how these things actually occur in reality. You got a guy who's in love with a trans guy who decides he's going to kill somebody because somehow that would help him. That's America today. That's that is, I mean, Charlie Kirk himself,
Starting point is 01:02:40 I'm sure you've seen the post. Assassination culture, you know, and Tyler Robinson proved him right. It's like, hey, buddy, you killed the guy and you proved him right at the same time. It's like, All right, Matt. If we're going to go down this lane, then we can go down this lane because it was Andrew Colvette of Turning Point who turned over to the FBI, Charlie's criticisms of his Jewish donors and his threats to leave the pro-Israel cause right before he was murdered. That was Turning Point. And I love Andrew Colvette. And he did that because he's an honest guy. And he said, you know what? They should investigate everything. They should investigate who else had an axe to grind with Charlie and who else might be. be motivated. He's not some conspiracy theorist. Like, why I was told this myself, and it's now been reported by her and others, that there were at least 11, there's a difference in 11 versus 14. Israel only cell phones on the campus of UVU that day, like not from Israeli citizens. In other words, accounts opened in Israel. And the NSA knew that shit within two minutes because they locked those
Starting point is 01:03:47 scenes down and they can tell you exactly what cell phones were on scene. I don't say that means Israel killed Charlie, but it's one of the reasons why both of these are reasons why all along I've said we should we should be at you should not be saying to her anybody else you're not allowed to ask that question. You are allowed to ask questions that it is smart to say who else had a motive and when it comes to these lone gunman assassinations, you know, Butler and now this people always ask was he put up to it. You know, is there some nefarious government source? Some people could believe in CIA and MK ultra. Some people believe the CIA actually killed like JFK. You know, you've heard them all. Sure. And I'm like you.
Starting point is 01:04:32 My instincts are as lawyers. I think the three of us are much more evidence-based. Okay, great. You have a theory. Show me the evidence and persuade me with something that's admissible in a court of law that I can argue with. But I, that's where we are. But not everybody's like we are. And it doesn't necessarily even make him a nut case to not trust the official government narrative.
Starting point is 01:04:54 Well, what about just, I didn't get Matt, maybe I'll save it for in the well, but I wanted Matt's reaction. You don't think there's enough to have in, to have charged Lance Twigs in this case? I think that you really need to show that there was some sort of something beforehand or even after where he's helping. You need, the DNA is not enough for me. And you know, Mark, I've done conspiracy cases where people have been yelling at me why I haven't included people. Sometimes I've included people that I heard the exact opposite. You know, how come that person's involved? And it just going along with what Megan just said, it's I follow the evidence and I call it as I see it.
Starting point is 01:05:38 And the DNA means nothing. You always get, you always get. I agree. I can't tell you the number of murder cases that I've had disbursed. especially with the increasing sensitivity. Mark, then, what do you like to indict Lance with? I think that Lance, if on the before, and if you read the, actually, I was going to say, you're the one who put the idea in my head with some of the things that you had talked about
Starting point is 01:06:04 five days before, four days before, and then the text that referenced knowledge by him by Lance prior to this. If I'm the defense, I'm all over that because there is something more to this. This idea of this of Tyler Robinson doing this alone, so far based on everything I've seen, I would be all over that. When Matt says the DNA alone, he's right. I've defended, that's not to say, I have defended murder cases where guys got held to answer because I can think of one where his fingerprint was on a mattress frame where the stabbing took place. We got it dismissed.
Starting point is 01:06:44 But that was enough to get you past prelim. Now, you've got DNA on several items that were essential. Let me pause you, Mark. Let's check in with what's happening in the court because Agent Davis just took the stand and this is who they're going to get the video in through. So let's listen, see if they're doing it. Finally. This meeting is to use your statement here instead of your testimony at a preliminary hearing.
Starting point is 01:07:08 I understand that. So here we go. In order to do that, I need to place you under oath and also give you an admonition about false statements, okay? First, you do solemnly swear or affirm that the evidence you shall give in this issue shall be the truth, the whole truth and nothing but the truth. So help you got? Yes. I also need to notify you that you are notified the statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary exam. Any fault statement you make and that you do not believe to be true may subject you to criminal punishment as a
Starting point is 01:07:50 misdemeanor. Do you understand that? Yes. It potentially could be used for punishment as a higher offense as obstruction of justice. In addition, I just want to make sure that our recording here is clear that you've also been given a federal agreement and a state agreement, grantee in unity from prosecution for materials that you discuss now. Do you understand that? Mm-hmm.
Starting point is 01:08:21 First, we're going to cover some of the things that you've already talked about, but to make it as part of this record. First, what's your name? A full name with middle name or just first and last? First and last is fine. Okay, my name is Lance Twiggs. And do you know Tyler Robinson? Yes, I do.
Starting point is 01:08:41 Yeah, I do. And this is the same Tyler Robinson that's been charged with the shooting of Charlie Kirk. Yes. And would you say when you first met, Tyler? I think it was 2023. I've known him longer than that, though. That was, I think, the first time I met him in person.
Starting point is 01:08:59 OK. And we describe your relationship with Tyler, when you first met him anyway? When I first met him, I didn't know him super well. He was just a new roommate. So I knew he knew my friend group, and I knew he liked playing games,
Starting point is 01:09:25 but that's about it when we first, like when he first moved him. Okay. Before we go on, I realized my mic was a new to the outset. Was your phone? Your phone? Okay. I'm gonna repeat those admonitions
Starting point is 01:09:39 just to make sure we got it before it. Okay, so again, I placed you under oath, just to make a record, I'm going to do it again. You just always swear that evidence you shall give in this issue shall be the truth, the whole truth, and nothing but truth will be gone. Yes. And again, I'm going to give you the false statement. I'm going to give you the false statement.
Starting point is 01:10:04 It's echoing. So I think this one's mic is on. Okay, sorry. Okay, you're not on me my mic, that's fine. Okay. So we should be good. All right. Is that mic on?
Starting point is 01:10:19 Yes. Okay, great. Sorry about that interruption. So you said when you first met, you were roommates? Yeah. Okay. And then at some point, your relationship progressed to something more than its roommates.
Starting point is 01:10:34 So right? When was that? I think we started dating two or three months after he moved in. Okay. And where did you live at that time? St. George. an apartment complex.
Starting point is 01:10:47 And is that apartment in the same place you lived when, on September 10th? Yes. When you live there with Tyler, were you in the same room? Did you live in the same room or different rooms? Oh, separate rooms. And at that time, let's say September of 2025, what was, what were you doing with your life? Are you working, school? I was working.
Starting point is 01:11:14 I was doing like bathtub and shower repair and stuff in new construction Okay How about Tyler? I think he was both working I think he was working for an electrician company then and he was also
Starting point is 01:11:30 in a trade school for being I don't know how you're like ranking electrician I'm not sure how the trade system works for that Okay But yeah I think he was both What was his typical workday like I think you'd leave around seven generally and get back around three to four, depending on where the job was and how long it was for the day. And then on certain days of the week during school, like, semesters, you would then later in the day, I think around five or six go to school.
Starting point is 01:12:08 Okay. Okay. Let's jump to September 10th. Did he spend the night in the apartment the night of September 9th into September 10th? Yeah, he did. Yes. Do you know when he left the apartment on September 10th? I don't know an exact time.
Starting point is 01:12:28 I just know he left early. I heard him leaving, and he just said he had a long drive to work that day, so he was leaving early. Okay, so early. Any guess as to what... When that was? I don't know. I would have thought it was 5 a.m. because that's when like an early work day was for him,
Starting point is 01:12:52 but it was probably more like four. Okay. I'm as bad as gum just to make sure that I can do that. Your line, hit you right in front of your laptop. Oh, here you go. Thank you. All right. So what time did you get up on September 10th?
Starting point is 01:13:14 Probably like 12 to 1 p.m. You didn't have to work that day? No. And did you hear from Tyler? Did he call or text you before then? No, he sent that message in the group chat I mentioned, but he didn't message me directly at all that day. Okay.
Starting point is 01:13:33 When did you first hear from him on September 10th? It was at 11 o'clock with that, like, automated message. Okay, 11 p.m. Yeah. What about, he asks you here, remember how I was engraving bullets. Was he engraving bullets before this? Yeah, I don't remember exactly when, but he had said he was planning to go hunting with his family.
Starting point is 01:14:00 And he asked me for a, if we had like a Dremel to, because he said he wanted to create messages on bullets. And I just told him where Dremel was and I told him to make sure he doesn't like set off a bullet on accident in the house. But I didn't really think about it until then. before September 10th was this that he asked about the Dremel? I don't remember because he'd been talking about the hunting slash camping trip for a couple months, but I don't remember when he was specifically asking to engrave the bullets. So are we talking like a year before? Oh, no, not that long.
Starting point is 01:14:46 It would have been, I'd say at most a month before this was when he was asking. Okay. All right. You talked about the note that he left. I want to bring this up and I should say that these text messages that we've been looking at here are Bates number 54. Okay, the notes have been titled 16.3 with a note and this is Bates number 58. Do you recognize that of that on the screen there? Yeah, yeah. What do you recognize it as? That was the note under his keyboard that he was referring to in the first text of that chain. So where did you find this?
Starting point is 01:15:37 On his desk underneath his computer keyboard. And I assume you read it. Yeah. And then what did you do with it after you read it? I believe I just put it back down on the desk after I took a picture of it. Okay. And again, the time you read it was probably around 11 o'clock or so on the 10th. Yes.
Starting point is 01:16:05 The night of September 10th. All right. And did you ever see that again after you placed it back on his desk? No, I don't think I did. And that was a desk in his bedroom? Yes. And that's a separate bedroom than your bedroom. Yeah.
Starting point is 01:16:23 I now want to go to what's been titled 16.2. And do you recognize this series of messages here? Yeah, that was the server of his friend that I was mentioning. Okay, and this is your phone again? Yeah. And I'm assuming you recognize it because the big crack up at the top. Mm-hmm. And so this is a server. Is this Discord?
Starting point is 01:16:58 Yeah, this is Discord. And who are members of this server? I don't want names, just generally. Who are these people? This is his friend group. They played D&D together every week. Okay. And I just want to scroll through this to make sure that you get a chance to take a look at it. I'd go to the next page? Yes. So Tyler Icombe, who's that?
Starting point is 01:17:27 That's Tyler Robinson. And these other people are just others that are members of the server. Yes. Jug, Barnaby, Marina, DM. Mm-hmm. Yes? Yeah, like DM means Doctor Master's. So these are like, most of them are names they're using in the game they're playing currently.
Starting point is 01:17:47 Got it. Yeah, it looks like the last text from Tyler looks like it's 8pm. And do you know what Davis would have been? p.m. on the 10th or the 11th? I would think that would be the 11th because at least I think so because I don't think on the 10th that he messaged anyone before me at like 11. And he turned himself in on the 11th, right? I thought so yeah. Okay. We're just going to go through this so that we have a record of the messages. Is that an accurate recording of that thread? To my knowledge, yes.
Starting point is 01:18:34 And that was sent. It looks like between September 10th and September 12th. Looks like the last day on this is September 12. Screen? Yes. Okay. All right. So, again, those messages covered from September 10th to the evening of September 11th.
Starting point is 01:18:54 Now, September 11th, what time did, or did you see, however, on September 11th? Yes. When did you first see him on September 11th? So this is the day after the shooting? Yeah, I saw him when I woke up. Like I said, he was up and around doing a lot of stuff around the house. And then I think I saw him after that message where I said I'll come home and say I'm doing laundry. Because I didn't want him going to my parents' house right then when he said there was probably cops outside.
Starting point is 01:19:32 So I went back home and it was just him there and I said by to him and then he drove off So I just went back to my current house So he acted erratically was he pacing? They just sitting down relaxing? No, he was he was walking around a lot and that's within the home Mm-hmm And did he talk about what he had done? Didn't go into detail he just I just asked him in person if what he said was true than I before and he said it was.
Starting point is 01:20:13 I started crying a little bit and said he wishes he hadn't done it. And then kept going around and just doing stuff, I think, to keep himself busy or distracted or something. Do you talk about what he was going to do next? And then eventually said that he would talk to his parents. or turn himself over. Okay. And when you left, was that how you left understanding
Starting point is 01:20:46 that he was going to turn himself in or go to his parents' house? Yeah, and I didn't really want to be at our apartment while any of that was happening, regardless of what went down. Okay. Okay, before he came home, had you seen the press releases,
Starting point is 01:21:05 any of the media on this? I'd seen one Instagram link, a friend of mine had sent in our group chat. But I hadn't really looked into it at all. And had you seen the images that were released of the suspect? I did the next day. I don't think I saw any on the tent. I'm going to show you a couple of those images. I'm on the FBI's website.
Starting point is 01:21:36 You can see the URL there at the top. This is some press release about this event. And here on the screen, you see these, there's looks like there's two rows of three images. Do you recognize the person in these images? I wouldn't say with 100% certainty just because of camera quality, but that looks like him in terms of the shoes he's wearing the sunglasses. I don't think I'd specifically seen him wearing that hat,
Starting point is 01:22:06 but he was usually wearing a hat and then jeans so it definitely especially the bottom the last two definitely do look like him they do look like Tyler Robinson
Starting point is 01:22:23 and you talked about that with your friends right his friends yeah I don't I don't know if I talked I don't remember if I talked about it with any of my friends and then since I have my phone after that for a while and I still am not using social media, I don't know, on my friends' end.
Starting point is 01:22:46 Okay. All right, I want to back up a little bit now. We've talked about September 10th, but let me get a little bit of context here. So did you game with Tyler? Yeah. What kind of games? I played some just kind of party games together, like stuff anything that would be multiplayer with a group of friends.
Starting point is 01:23:09 There was one game he really liked called Sea of Thieves where he plays like a pirate. And you can fight against people, but most of us just like fishing, fighting sharks, skeletons kind of stuff. We played some co-op games where it's like you both have to work together to win in whatever way. Way back when I was just out of high school, when I first knew him online, we played some like shooting games together, but I didn't know him very well. So that was just when we had like a whole friend group on to play and he was someone that my friends invited. Okay. Did you and he ever talk about politics? He did more than me.
Starting point is 01:23:54 I didn't really still don't really keep up with politics very much. He'd usually talk about stuff he heard on the radio on his drive to work and like their work car, since it sounds like their whole crew went in the same car most of the time. But I wouldn't say super consistently because it wasn't a topic I really contributed much on. How about Charlie Kirk? Did he ever talk about Charlie Kirk? I personally had never heard him talk about Charlie Kirk before specifically. Okay. How about political issues?
Starting point is 01:24:31 So did you ever talk about gender identity issues and LGBT rights? No, not really. Usually if he did talk about politics stuff, it was relating to Trump or current policies being issued or voted on, I think. but yeah. Okay, so before that you have been? For a short time, yes. Okay. And I understand you're going by Luna at some point. To some people, yeah, but not as an overall thing.
Starting point is 01:25:13 Okay. Okay. I think that's all the questions I have for this portion. Let me check and see if I've missed anything. The Dremel that you talked about, you said he had asked for that, is that right? And had he told you it was to inscribe bullets? Yeah. So did you have a drum open?
Starting point is 01:25:40 Yeah. Okay. It was in our, like, we had a, our apartment, we had a section where we kept all our, like, random tools for household stuff in our, like, lower basement level pantry. So, yeah. Okay. And did you give that to him or tell them where it was? I just told them where it was, yeah.
Starting point is 01:25:59 Okay. I'm going to go ahead and end the recording for the 1102 purposes. Our sponsor, the Electronic Payments Coalition, says Washington politicians are always getting in your wallet, which you know, and now they're messing with your credit card too. They say your credit card and the security it offers are under attack and that Senators Dick Durbin and Roger Marshall want to change the nation's payment system to benefit corporate megastores like Walmart and Target at the expense of everyday Americans. Credit cards can keep your payments secure and provide rewards that families. families used to help make everyday purchases much more affordable. We all love that. The Electronic Payments Coalition says the Durbin Marshall mandates would let corporate megastores cut corners on credit card processing, routing transactions over cheaper, untested networks with
Starting point is 01:26:49 weaker security, and fewer protections. Find out more about this whole situation at guard your card.com and consider telling Congress to guard your card. If you were heading into summer without a medical emergency kit, you're taking a risk most people don't even think about until it's too late and you don't have to. Summer colds linger and can turn into sinus infections that last for weeks. Getting sick right before a vacay can derail everything. And when you're traveling, finding a doctor and a pharmacy is stressful, especially if you're overseas. But let me tell you about the medical emergency kit from the wellness company. It's like an urgent care and a pharmacy right at home.
Starting point is 01:27:27 It includes essential prescriptions like amoxicillin and generic Z-pack to treat a wide range of common and serious illnesses. No waiting for your doctor, no hours at urgent care, no pharmacy lines, no copays. Just match your symptoms to the right prescription in your guidebook or call their telemedicine doctor standing by. Start on your beds sooner and feel better faster. Order yours online in 10 minutes. And then it's shipped to your door. And save 45 bucks with my promo code MK at urgent care kit.com. slash mk. Urgentcarek.com.com. Okay, so you go to urgentcarekot.com. And when you check out,
Starting point is 01:28:05 make sure you mention MK. And that gets you your discount and all good stuff. Hey, everyone. It's me, Megan Kelly. I've got some exciting news. I now have my very own channel on Sirius XM. It's called the Megan Kelly channel. And it is where you will hear the truth, unfiltered with no agenda and no apologies. Along with the Megan Kelly show, you're going to hear from people like Mark Halperin, Link Lauren, Moran Callahan, Emily Jashinsky, Jesse Kelly, Real Clear Politics, and many more. It's bold, no BS news. Only on the Megan Kelly Channel, SiriusXM 11, and on the Sirius XM app.
Starting point is 01:28:42 That concludes States Exhibit 16. Ms. Hunt. Thank you, Judge. Agent Davis, I asked you yesterday, but I want to remind the court and those present. Were you physically present at the interview we just watched in States Exhibit 16? Yes, I was there. And aside from the court-ordered redactions, did it appear to you to be fair and accurate
Starting point is 01:29:15 about what you remember that interview that day? Yes, yes, I do. During that interview, did Mr. Twiggs, was he shown or referenced certain items of evidence? Yes, he was. What types of items of evidence was he shown? It was the text messages between himself and Tyler Robbenson, a Discord chat messages, and a handwritten note.
Starting point is 01:29:45 And then we also saw in the video he was also shown the FBI press release photos of the potential suspect. That's correct, yes. Have you reviewed all of those items as part of the investigation? Yes, I have. You're familiar with them? Yes. All right, I want to put just on. the witnesses screen, what's been marked for identification of states exhibit 16.1.
Starting point is 01:30:07 And for the record, this is, this includes the edit that the court, the one edit that the court has previously ordered. Thank you. Let me know when you see that on your screen. I see it. I see it now. Do you recognize this? Yes, I do. What is it? This is a photograph of screenshots of text messages between Tyler Robinson and Lance Twigs. This is a photograph of Lance's phone. So sorry, you said photograph, you also said screenshot. Can you differentiate or clarify there? Yeah, sorry.
Starting point is 01:30:51 These are photographs directly from Lance's phone. How do you know that? In Lance's first interview, he is showing the FBI agents these text messages. describes them to the agents. And at that time, his phone was photographed. And you testified, I believe, yesterday that Mr. Twiggs' first interview was the morning of September 12th, 2025. Is that correct?
Starting point is 01:31:23 That's correct, yes. Were you physically present at that interview? No, I was not there. Have you spoken with the officers or agents that were? Yes, I've spoken to one of those agents that was there. And you stated that that first September 12th interview of Mr. Twiggs was recorded? Yes, audio video recorded. Have you reviewed that recording?
Starting point is 01:31:47 Yes, I have. So you stated that we're looking in States Exhibit 16.1 at a picture of Mr. Twiggs' phone. Yes. Do you know who took these photos? Yes, it was Agent Larson with FBI. Did you speak with Agent Larson and confirm that? I did. And you kind of made reference to this already, but how did,
Starting point is 01:32:10 Mr. Twiggs initially show law enforcement the relevant text messages? Yeah, during that first interview on September 12th, he physically, he shows them the phone, and then it allows them to photograph the phone. And does he identify it as his phone in that interview? Yes, he does. Does he refer to any particular features of the phone that allows him to make that identification? Let me have the second interview here refers to the large crack in the upper left screen. So he identifies that from in his second interview that was given on April 20th.
Starting point is 01:32:49 And according to your review of the recording of his first interview and in speaking with the agents that were there, did he have his personal phone with him at the time of the September 12th interview? Yes, he did. And was this same text thread that we're seeing in states exhibit 16.1 shown to him during his second interview? in, sorry, let me get the date right, April 20th, 2026 at the Utah County Attorney's Office that we just observed part of in
Starting point is 01:33:21 States Exhibit 16? Yes, it was shown to him. Was he asked how Tyler Robinson is saved in his phone, like as a contact? Yeah, just as Tyler. Without saying it, obviously, did he identify Tyler Robinson's phone number? Yes, he did.
Starting point is 01:33:42 Did you check the number that Mr. Twigs gave as Tyler Robinson's phone number against law enforcement records? Yes, I did. And do they match? Yes, they match. Is states exhibit 16.1 a fair and accurate representation of the text thread between, or the relevant text thread between Mr. Twigs and Mr. Robinson?
Starting point is 01:34:00 Yes, it is. As part of the investigation was a cell bright extraction performed on Mr. Twig's phone? Yes, it was. Did you personally review that extraction? Yes, I have. And according to that extraction, did Mr. Robinson and Mr. Twigs exchange? text messages on September 10th through 11th, 2025? Yes, they did.
Starting point is 01:34:26 What time was that first text sent, according to the Selbright extraction? The first text was September 10th at 11 p.m. All right, Judge. I would move to admit states exhibit 16.1, and then pursuant to court order, I would move to publish it to the monitors. Mr. Novak. We have no further objections beyond those that the court, of course, is very familiar with at this point in time. All right.
Starting point is 01:35:03 I'll note the standing objections made by defense. Those objections are overruled. The 16.1 is admitted into evidence and may be published to the gallery as well as electronically distributed through the camera. All right, agent, I want to, I'm not going to go through every single message, but I do want to have you read aloud. certain portions of them and I apologize to counsel these are not actually given a page number I have page numbers but I'm happy to confer that that we're on the same page as we go so here we're looking at page one of state's exhibit 16.1 if you could start if you could read a little more than halfway down where it begins Wednesday
Starting point is 01:35:55 11 p.m. will you start reading underneath that? Yes. So this would have been from Tyler. Since drop what you're doing, look under your keyboard. And I apologize. Let me stop you there. How do you know that this, that message would have been from Tyler Robinson? That's just, so any of the messages in gray would be from Tyler and message in blue would be from from Lance. This is the way the iPhone distinguishes the messages. And also Lance, Lance, at Lansing his interview also acknowledges that who was saying what. And up at the top, who do we see that this thread is between? Tyler. All right, sorry to interrupt you. So read that again, starting from
Starting point is 01:36:41 look under the keyboard. So after that, then Lance responds, he says what? And then he says, you're joking, right? And then Tyler says, fuck, I tried to delete that. We could scroll down to page two and if you can continue reading along okay and Tyler says I'm still okay my love but I'm stuck in Orem for a little while longer yet shouldn't be long until I can come home but got to grab my rifle still to be honest I had hoped to keep this secret till I died of old age I am sorry to involve you and then Lance replies you weren't the one who did it right and Tyler says I am I'm sorry that Lance says, I thought they caught the person.
Starting point is 01:37:33 And then Tyler says, no, they grabbed some crazy old dude, then interrogated someone in similar clothing. I'd planned to grab my rifle from the drop point shortly after, but most of that side of town got locked down. It's quiet almost enough to get out, but there's one vehicle lingering. We could scroll down to page three. Continue reading. Lance says why, and Tyler says,
Starting point is 01:38:00 why did I do it? And Lance says, yeah. Tyler says, I had enough of his hatred. Some hate can't be negotiated out. If I'm able to grab my rifle unseen, I will have left no evidence, going to attempt to retrieve it again. Hopefully they have moved on. I haven't seen anything in the news about them finding it. We'll update you shortly or shortly, we'll update you by midnight. And then Lance says, all right, stay safe. How long have you been planning this? little bit, please Kimberly. And Tyler replies, a bit over a week, I believe.
Starting point is 01:38:35 I can get close to it, but there is a squad car parked right by it. I think they already swept that spot, but I don't want to chance it. We can scroll down to page four and continue reading about halfway down. I'll stop you about halfway down.
Starting point is 01:38:53 This is while they were a spot, but I don't want a chance it while they were parked there. If they had found it, I imagine there be more commotion. Again, I'm sorry for roping you into all of this. You shouldn't have to worry about this. And Lance replies, does anyone else know? Tyler says not to my knowledge. All right, I'll stop you there. Let's move to page five. So this should be page four. So just scroll down one, please. Kimberly. And if you could read starting, sorry, Kimberly scroll a bit more down. If you could read, I don't know, about.
Starting point is 01:39:35 about one-third of the way up that starts with guess. Okay. Tyler says, guess I'm just sitting in my car watching reels for another hour, hoping this guy fucks off. And continue. And Lance says, are you okay still? And Tyler says, yes, check and spot again now. We'll...
Starting point is 01:39:59 Sorry, now we're on page 6. Continue reading. We'll update soon. He continues, the squad car was moved further away, enough that I should be able to move in. I backed off because I thought I heard footsteps, maybe a foot patrol, but the crickets here are so fucking loud. I'm going to see if the road closer to campus is open so I can drive past and check shit out. Probably still closed off, though. Getting worried, hard to know for sure, but I'm not finding my rifle.
Starting point is 01:40:29 Could be in the wrong spot. Lance says, do you think they found it? And Tyler says, done no, they haven't published anything if they have. And then Lance says, why did you leave it behind? Oh, sorry, Kimberly, if you could scroll down. Originally. Also, does it have a serial number? We could scroll to page 7.
Starting point is 01:40:59 And I'll continue reading. I'll stop you on this page in a little bit. Okay. So Tyler continues, IDEK, if I had it, If it had a serial number, but it wouldn't trace to me, I worry about prints. I had to leave it in a bush where I changed outfits, didn't have the ability or time to bring it with. And stop there, please. And then if we could go to the next page, page eight, and if you could start at the top.
Starting point is 01:41:35 Okay, so Lance says, was your change of clothes there, or was that also gone? Or did you bring those with you originally? Anyway, you could replace the gun, or would he notice? And then Tyler says, only thing I left was the rifle wrapped in a towel. I'll bet that canine sniffed it out, a little snitching bastard. We replace it unlikely. I don't fully know what the gun was because it was oldest shit and Gramps did some modifying. There was a four-digit cereal on it.
Starting point is 01:42:07 God only knows who it's registered to. Hopefully some dead guy who gave it to Grandpa. And he continues to remember how I was engraving bullets. the fucking messages are mostly a big meme. If I see notices bulge UWU on Fox News, I might have a stroke. And then continue, I'll stop you in a moment. He says, all right, I'm going to have to leave it. That really fucking sucks.
Starting point is 01:42:34 Let me stop you there. And then if we could go on to the next page, page nine, and do you see the first blue message we see on page nine, can you start there? Yes. So Lance says, do you need it for hunting? And Tyler says, no, my dad wanted to use it to use a high caliber for the rifle hunt. Judging from today, I say Graham's gun does just fine IDK. I think that was a 2K scope.
Starting point is 01:43:09 Lance says, geez. And then Tyler says, LAMW home 3.5 hours. Lance says, drive safe. And then Tyler says delete this exchange. And I'll stop you right there. And then, sorry, we're on page nine if we can scroll to page 15. And then the second grade message on page 15 if you could start there. Okay.
Starting point is 01:43:51 So this is Tyler. I'm going to turn myself in willingly. One of my neighbors here is a deputy for the sheriff. We hope to keep things sort of quiet here. And then I'll stop you there. Okay. And we can remove the exhibit from the screen. Thank you, Kimberly.
Starting point is 01:44:10 We mentioned a Cell Bright extraction of Mr. Twig's phone. Do you know what time that last text was sent? Yeah, I recall it was just before 8 p.m. on September 11th, I think 7.42 p.m. is my recollection. I'm sorry, September 11th? Yes. Would September 12th make sense? You're saying September 11th? So September 11th was when we turned himself in.
Starting point is 01:44:42 Okay. September 11th. Okay. Thank you. All right. I'm going to show just for the witness states exhibit 16.2. Let me know when you see that. Okay.
Starting point is 01:45:02 I see it. Do you recognize this? I do. Yep. What is it? This is just more photos of Lance's phone. How do you? Sorry.
Starting point is 01:45:13 These are the, sorry, how to play, I bring, sorry, go with your question, please. I'm just asking what it is. So you said it's a photo of Lance's phone. Do you know if that's from the same time period as the exhibit we just looked at? Yes. And what is it of? These are the discord messages that Lance had talked about.
Starting point is 01:45:38 How do you know that? So Lance, in the first interview with FBI, the phone, the photos are taken by Agent Larson, and then these images are shown to Lance. During a second interview, and it confirms that these are those same messages, and this is photos of Lance's phone. You mentioned an agent Larson took the photos. Do you know if he's the same agent that took the photos of this exhibit, 16.2? Yes, same agent.
Starting point is 01:46:06 And you spoke with him to confirm that? Yes, I did. Are you aware if Mr. Twiggs is actually part of this discord thread? Yes, he is a part of it. He doesn't In this section He doesn't reply to it But he does state in his statement
Starting point is 01:46:23 That he was part of that thread Does he identify whether Mr. Robinson is part of that thread? He does And when did that happen? He identifies that in this first interview With the two FBI agents And then he again confirms that in the second interview Did Mr. Twiggs say what username on Discord
Starting point is 01:46:43 Mr. Robinson used at least with respect to this thread? Yes, it's the Tyler slash Ikem, I-K-U-M. And is 16-Exhibit 16.2 a fair and accurate representation of that Discord thread? Yes, it is. Did law enforcement send, as part of your investigation, did law enforcement send a subpoena to Discord? Yes, they did. Were these messages recovered via that subpoena? They were.
Starting point is 01:47:14 Did you review that? Yes, I did. And in state's exhibit 16.2 that is before you, when is the first message from Tyler sent? 7.57 p.m. And it says yesterday, do you have any knowledge of what day that would have been?
Starting point is 01:47:36 Yes, this would have been September 11th. So Tyler sends the first message that you're seeing on exhibit 16.2, September 11th at 7.57 p.m. Yes, that's correct. You testified earlier that Mr. Robinson arrived at the Washington County Sheriff's Office approximately at 9 p.m., is that right? Yes, that's correct. And although you weren't physically present there yet because you were flying down, how do you know that he arrived approximately around 9 p.m? Just based on the police reports are reviewed and then go back and look at the video and such.
Starting point is 01:48:24 Judge, the state moves to admit states exhibit 16.2 and, and, you know, publish it pursuant to court order. Ms. No, back. Thank you. We've already lodged all of our objections on all three phases. All right. Noting the objections, standing objections by defense, Stace Exhibit 16.2 is admitted into evidence and may be published only in the gallery, not for distribution on electronic media. Series XM fans, if you are listening to us now, we've lost audio from the proceeding, we think intentionally on their part. They've,
Starting point is 01:49:05 turned off the mics we believe right now to have a private consultation between the judge and the lawyers on whether the public can have access to the discord messages of Tyler Robinson, Lance Twiggs, and others in their gaming group. There were at least three confessions alleged by my count. One was the letter that he left under Lance Twiggs keyboard. One was the text messages he and Lance Twiggs had about the letter and what he had done, and one was in the Discord group message chat, where he confessed. They said at 7.57 p.m. on 9-11, the day after the murder, one hour before he showed up at the sheriff's office to turn himself in. Just, we're going to go back in there when they allow us to hear what's happening again,
Starting point is 01:49:58 but what an extraordinary 40 minutes we all just had together. my God. Tyler Robinson went back home. He returned to his apartment with Lance Twigs the day after the murder. And they walked around together on 9-11 during the day and talked about what he'd done. Moreover, we heard, we'll get to all of this, but moreover, we heard far more about their text exchange than has been made public. The text exchange we know about because law enforcement identified it in there what's called the criminal information, the thing that brings charges. And we had been reading from that. We've read from it extensively on the show this week. This is the first we've heard some of the additional lines that were eliminated by
Starting point is 01:50:49 ellipsies in the criminal information. And they were interesting. They were telling in some instances, but we're getting a much more full picture of the exchange that they had, like States Exhibit 16.1 Wednesday at 11 p.m. When, when, what happened was Tyler Robinson had a preset text, like an automated text that showed up on Tyler, on Lance Twiggs phone, um, that read, drop what you were doing, look under my keyboard. Oh, we're back. Stand by. I'll get back to you. Let's, let's listen. I'm on September 10th. And so at that point, Lance finds this, this is the letter he finds under that keyboard.
Starting point is 01:51:37 Okay, so to clarify, Mr. Twiggs gets a text from Mr. Robinson around 11 p.m. on September 10th, telling him to look under his keyboard. Yes, correct. And this is what Mr. Twiggs represented was underneath the keyboard. Yes, yes. How did law enforcement get? this photograph? So following Lance's
Starting point is 01:52:03 first interview at St. George PD, his phone is recovered at that point taken into evidence. It is downloaded, I believe it was the following day or shortly after. The FBI transported that phone to the RCFL, which is the regional computer forensic
Starting point is 01:52:21 laboratory in Salt Lake City. The phone is downloaded through CELAWrite and after that following that download that was complete, SBI received a flash drive containing that download. From there, it went to a SIAC analyst to go through that data of his phone to look for any pertinent evidence or information that may be on there. And at that point, that this image of this letter was,
Starting point is 01:52:56 located. All right. I'm going to break down a few things. You mentioned, I just want to make sure the record's clear. You mentioned Celebrate a few times. What is Celebrate? It's a downloading software that's commonly used by law enforcement. I don't do that myself, but it's commonly used to recover data to download electronic
Starting point is 01:53:18 devices, particularly cell phones. And then you mentioned Syak. What does that mean? It's the statewide information analysis center. It's a division within DPS. It's a fusion center. They assist law enforcement with intelligence, various intelligence information for our investigations.
Starting point is 01:53:40 You mentioned that you don't personally do celebrate phone extractions. Have you spoken to the law enforcement officers that performed the celebrate extraction on Mr. Twiggs' phone in this case? I don't believe I specifically talk to those individuals. was the RCFL that did that. But they, yeah, that was then provided to SBI. Did you speak with officers at SBI that have recovered this photo that we're seeing in states exhibit 16.3? Yes.
Starting point is 01:54:11 Yes, I've spoken to, yeah, I have spoken with an ASIAC analyst who particularly, in particular to found this image. I've spoken her personally as well. Was Mr. Twiggs shown what's been marked as states exhibit 16.3? during his second interview? Yes, he was. And again, you were present for that? Yes, I was there.
Starting point is 01:54:32 Is Exhibit 16.3 a fair and accurate representation of the photo law enforcement obtained from Mr. Twig's phone and that he was subsequently shown in the second interview? Yes, it's fair and accurate. Your Honor, the state would move to admit Exhibit 16.3 and then also published pursuant to court order. Mr. Novak. Just noting the objections that have previously beaten,
Starting point is 01:54:59 made, and I think that the court's order is that it may be published in the courtroom only. Thank you. Noting the standing objection by defense 16.3, correct? Correct. Is admitted into evidence and may be published only in the courtroom and not be shown or videot. Once again, they've cut the mics inside the courtroom to have a discussion about we don't know what they're planning on publishing that exhibit inside.
Starting point is 01:55:31 the courtroom, but not beyond for now, but we know what it is, at least in part. It's the note that we were talking about just as we tossed back to the courtroom that Tyler Robinson left for Lance Twigs underneath Tyler Robinson's keyboard in his bedroom in the apartment that they shared. On September 10th, 2002, sorry, 25, the day after Charlie was killed, sorry the day Charlie was killed. Tyler had set the text message on his phone, the text messaging function to deliver an automated message to Lance Twigs that read, drop what you are doing and look under my keyboard.
Starting point is 01:56:14 We know from the criminal information, even though they're not showing us what was under the keyboard, that there was a note. This is I'm reading directly from the criminal information. The roommate looked under the keyboard and found a note that stated, quote, I had the opportunity to take out Charlie Kirk, and I'm going to take it. End quote. Police found a photograph of this note.
Starting point is 01:56:34 You heard them talking about that in court just there. They found that photograph on Lance Twiggs' phone, thanks to this Celebrite technology. It was unclear to me whether that was still in his photographs as an easily retrievable photo or whether he had deleted the photo. And that's why they needed this technology, Celebrate, to find it. did not hear testimony about that. And then the criminal information adds the following text exchange then took place. And then you heard the long back and forth on it. Let's go back into the court. How do you know that? I've viewed the FBI's website and I recall seeing these
Starting point is 01:57:14 images released on September 11th. Does states exhibit 16.4? Is that a fair and accurate representation of what you reviewed from the FBI and that the FBI released? Yes, it is. The state moves to admit exhibit 16.4 and publish according to court order. Mr. No further objections, thank you. All right. Noting the standing objection by defense overruling that objection, states exhibit 16.4 is admitted into evidence and may be published in the courtroom.
Starting point is 01:57:53 And again, in the discord. Okay, once again, they argue, and then they pop back up. I guess they're arguing, I mean, just when they identify the exhibits, I guess they don't want us to hear what they're identifying. I'm guessing from what we heard at the tail in there. We know that 16.1 was, I believe, text messages.
Starting point is 01:58:19 16.2 was the discontest.2 was the discreet. cord messages. Wait, 16.1, yes. 16.1 was the text messages. You're joking, right? And then we heard Tyler add, fuck, I tried to delete that. That's new.
Starting point is 01:58:34 That was not in the criminal information as something Tyler said. So he texted him, look under my keyboard. He looked under the keyboard. Then he responds to Tyler saying, and he reads, I had the opportunity to take out Charlie Kirk and I'm going to take it.
Starting point is 01:58:49 Then he texts to Charlie, what? with multiple exclamation or question marks. You're joking, right? And what we now know is Robinson responded, fuck, I tried to delete that. Very interesting. So I guess
Starting point is 01:59:04 Tyler had sent this automated message. It's kind of interesting. And if Tyler's telling the truth that he tried to delete that text to Lance, then Tyler was taken aback by Lance's text, which must have come out of the blue in a way to him at, you know, 10, PM that night saying, what? You're joking, right? And Tyler's first response was,
Starting point is 01:59:26 F, I tried to delete that. And then they were off to the races with Tyler. There was a lot more in the actual text exchange than there was in the criminal information. And we have the screen grabs from the actual texts, which we will go through. I can't do that live on the air with you right now, but you heard them. A lot more details about why are they parked there. The crickets are loud. Does does anyone else know? Not to my knowledge. That was the first we heard all of those details. And then Tyler telling Lance delete this exchange.
Starting point is 02:00:02 Also so interesting, did he? Again, I don't know if they got that text exchange off of Lance's text message records like we all have on our phones or thanks to that crime bright technology that retreats it. Here's one we're showing. Can you text it to me, Steve, so I can see it up close. I can't read them. monitor from where I am. So yeah, unclear to me whether Tyler actually had, I'm sorry, Lance had deleted all of this and they just recovered it or whether it was still on his phone. Either way,
Starting point is 02:00:34 the efforts to cover it up by delete this exchange did not work. It's all there. For the first time, we're actually seeing the back and forth with like the text message. Here it is. Reading here, is 7 p.m. Does that still work for you? Wait, hold on a second. This is before the shooting, I guess. I'm trying to read it on my phone. I love you. Moa, moa, I love you more. So much, much, so moa, they're doing the kissy sounds. These are, okay, that's actually quite interesting. This is the lead up to his automated text alerting Lance that he's killed Charlie. And they talk, so you get a feel a little bit for how these two talk. This is earlier, I can't tell the date, but it's, it's prior to the murder, a day,
Starting point is 02:01:23 I can see it's maybe the Sunday prior to the Wednesday murder. 7 p.m. does that still, or that still work for you? Yep. I love you. That's Monday. It's blurry, but I think I can read that it's Monday at 115. I love you. writes, I think, Tyler.
Starting point is 02:01:45 Yeah. Lance responds, Love you, too. Hope works going well. Then Wednesday. Well, Wednesday, that was the day of the murder, and it's 4.33 p.m. Well, that's fascinating.
Starting point is 02:02:03 And Wednesday, 433 p.m. Tyler texts Lance, love you, like M-W-A-H, typed out twice. and Tyler responds, I sorry, Lance responds, I love you. Morses.
Starting point is 02:02:16 Mua, moi, I mean, okay. Then that same day, Wednesday at 11 p.m. comes in from Tyler, drop what you are doing,
Starting point is 02:02:28 look under my keyboard. And Lance responds, what with the X clip, with a question marks? You're joking, right? And then fuck, I tried to delete that. Very interesting.
Starting point is 02:02:38 And we're getting more. But, but truly, the most interesting thing to me that we've heard in all of this is that he went, Tyler went back home on September 11th, the day after the murder, that Lance said, I saw him when I woke up. He was walking around the house. I went home and it was just Tyler there. I said goodbye to him and I went back to my parents' house. The prosecutor was asking if he was acting erratically, which Lance had apparently signed on to and then said, yes, he was pacing around a lot.
Starting point is 02:03:17 Lance said he didn't go into detail about what he had done, but I asked him if what he said the night before was true, and he said, yes, he cried and said he wished he hadn't done it. Unbelievable. What's that? We're back, Steve? Oh, no, we're not back. Okay, yeah.
Starting point is 02:03:39 He cried and said he wished he hadn't done it. He said he would talk to his parents or turn himself in. When you left, was that the plan? Yes, I did not want to be at our apartment when that happened. Or when he said possible law enforcement got there and went from there. And this is just, it's chilling. I don't know. It's just, you know, he cried and said he wished he hadn't done it.
Starting point is 02:04:12 and what good does that do? He was crying on September 11th, wishing he hadn't done it. Think of the condition of Erica Kirk and the nation, all of us. Like, okay, so I mean, this is the first we've had
Starting point is 02:04:31 in any indication. He's sorry. He's sorry that he did it. Great. It's not going to spare his life. It's just something about knowing that. Not as forgiving as Erica. It's galling in some way.
Starting point is 02:04:45 Okay, you're sorry. Maybe you should have thought about it a little bit more before you took out your... All right. We're going to bring in our legal panel and get their thoughts. Mark and Matt are out, but Dave Aaronberg is here along with Mark Eglarsh, as well as Viva Fry. Viva's a rumble host, Dave's former prosecutor of Palm Beach County, and Mark is a criminal and civil attorney. Guys, pretty stunning. Pretty stunning stuff there. Like, my jaw was on the floor. We did do. get to see Lance Twigs, first of all. Part of the video was played, which I thought was very helpful because you could see him. He was in a suit. He was dressed as a man, even though the defense keeps calling him Luna. He said he's only Luna for some people. But he was wearing a video, he was wearing a suit in the video. He had long hair. He was chewing gum. Here's a picture of him, which they then asked him to spit out, which he did. And to think of Tyler Robinson sitting in that courtroom Dave Ehrenberg watching his roommate, former lover, whom he will never see again
Starting point is 02:05:54 in all likelihood in person, or at least not never be able to touch, give it all up. You know, talk about the text messages, the letter that was found under the keyboard, the conversation the day after, an extraordinary conversation the day after. I can only imagine what the dynamic was inside the courtroom. Your reaction to what we just heard. Megan, I thought that Twigs came across as credible. It sounds like he had no part in this, and he generally was shocked that Tyler Robinson did this. And these messages are really damning. I know there are a lot of people on the internet that want to believe what they want to believe. There's nothing that could prove otherwise that they think this is some international conspiracy or somehow Tyler Robinson was framed.
Starting point is 02:06:44 but you've got a guy who confessed at least three and possibly four times. You have the note under the keyboard, and then you have him saying, oh, he had forgotten. He had sent the text that alerted Twigs to the note under the keyboard. Oh, darn. So, I mean, it's very typical for a moron like Tyler Robinson to act like that. Number two, you've got the subsequent one that he justified the murder because he had enough of his, of Charlie's hatred. Then you had the Discord chat later on.
Starting point is 02:07:17 And then you had, and I don't think we've heard it yet, but you're going to hear about how when his parents confronted him, he confessed to his parents, according to a report. So four times. And for those out there who think, well, the wording of one of those confessions is so Shakespearean. It could not have come from an in-cell like this guy. No, you saw subsequent messages like his dismay that they could find the rifle. And what is he going to do to replace his grandfather's rifle? And he was cursing and he was scared.
Starting point is 02:07:48 That's who this guy is. They've got the right guy. And even the, you know, like the kissy, like, clearly they don't communicate the way some of us would conjure up in our heads. Like the gamers, these, you know, young gamers. Like these are two gay men, at least one of whom, maybe both are a furry, one of whom may or may or may not. be trans. I don't think we can be assuming how they talk. I think we need to be reading the text messages to glean how they talk. Megan, that's such a good point. I was on our show, M.K. True Crime, and I was debating with Lauren Conlin about that, about the language use. And she said,
Starting point is 02:08:29 it does sound weird and unusual. And I don't see it. I can't relate to it. And I said, yeah, you're not a furry, right? I mean, we're talking about a whole different universe of people here. And so we're supposed to be like, well, they don't comply with our current standards of decency and language. Come on. The whole thing is weird. Yeah. I don't know a lot of 20-year-old guys who are doing that to each other like that. Okay, we're in a different territory here already on the preceding text, which came days before. So if this is like all some FBI plot to like come up with a text message, boy, they did a good job. They went back days. They made the super gay exchanges between the two of them to set up phrases like, my love, I don't, you know, whatever.
Starting point is 02:09:12 But Mark Eaglars, listening to that whole thing was pretty extraordinary, but the Lance Twig testimonial and the evidence that came in right after from that agent who we listened to, that was Lauren Hunt, the deputy DA doing the cross-examination. And sorry, who did say that against Steve? Oh, Agent Davis. Oh, yeah, it was Agent Brian Davis with the Utah State Bureau of investigation. Your reaction to what you heard. I thought the testimony was compelling. I think the state did a great job laying it out, not just for the judge, who again, I think, you know,
Starting point is 02:09:48 in 20 minutes would have found probable cause. But for those independence, I'll call him, not the conspiracy theorists, they're never going to be convinced. It doesn't matter. This is nail in the coffin right here. It's so clear that he's guilty. But for those people, it doesn't matter. for the independence. And by that I mean those who are reasonable, those who like myself have an open mind and say, okay, I wasn't there. I don't know what happened.
Starting point is 02:10:14 Prove to me the chain of custody that there weren't some agents who said, let's frame this guy like the Mona Lisa for some reason, leaving the true killer out there for no reason at all, risking their life in prison to frame Tyler Robinson, which makes zero sense. I think they did a great job of laying this out. Now, I do want to one other point, the fact that he feels sorry for what he did, to me, there was only one thing that came from that. If ever politics get put aside and prosecutors choose to extend a life in prison offer where he waives his right to appeal and he goes away, no big trial, no more copycat folks because they're watching him and all the media attention he's getting, if they ever do that, it's more.
Starting point is 02:11:04 likely in my opinion that he would accept something like that because of that remark that he felt sorry for what he did. He's not one of these hardcore folks who can't wait to take the witness stand and read all the things that caused him to be so offended by what Kirk said that might have caused him to do this. He's not seeking his 15 minutes. It looks like he would likely take a play. Viva, your thoughts.
Starting point is 02:11:28 Well, I was going to say one thing, to Mark's point, you know, people are going to say guilty. remind everybody, this is just probable cause. Probable cause has been established, period, full stop. People can still say it wasn't him in the video. Lance Twiggs is lying. Okay, you'll raise your reasonable doubt at trial. From a probable cause perspective, this preliminary hearing is over with a big fat period
Starting point is 02:11:53 at the end of it. I'm not convinced, you know, unlike Dave, I'm not convinced Lance might have come off as sincere, but I'm more convinced now than I was before that he had some involvement in this. You know, one question I would have loved for, I think it was Brian Davis who asked him the questions in the video, whoever was asking him the questions, I would have loved for them to ask Lance if he knew. Ryan McBride, the deputy DA. Sorry.
Starting point is 02:12:15 I would have loved for them to have asked if he knew what messages Tyler engraved in the bullets. Because if you're going hunting with your family, you don't need hay fascist catch on the bullet. I'm still thoroughly convinced people in the, yeah, people I'm convinced people in the Discord chats had advanced knowledge. I'm convinced there were more people involved in the planning. and certainly now we're seeing in the cover-up afterwards, a people who aided and abetted Tyler Robinson after the act, and I believe that many of them had four knowledge of what was coming beforehand. But from a probable cause perspective, it's over
Starting point is 02:12:46 and let people try to raise whatever reasonable doubt they think they can, despite the evidence. But just to answer all those people on Twitter on X right now, it's the wrong guy, he wasn't the right height, those exchanges were manufactured. You'll raise your reasonable doubt, but when it comes to probable cause, it's been established and Lance's testimony was the nail in the coffin.
Starting point is 02:13:07 Yeah. And the other thing is you can hear the prosecution who's clearly, you know, they've been listening to the alternate theories, I'll say, because they spent time asking him about the discord phone, the discord confession, you know, where he, the last thing he did before he put himself into custody with that sheriff's deputy friend was to go on discord and confess again. And one of the theories out there has been that was clearly a lie because he was in custody at the time that message on Discord was posted at 7.57 p.m. on 9-11 the day after the shooting. And you saw the prosecutor there, Lauren Hunt, the deputy DA, going through the timeline. And the officer said, 757 p.m. That is when Tyler posted that message on Discord. And she said, and when did he arrive at the sheriff's office? and he said 9 p.m. So establishing the timeline.
Starting point is 02:14:06 Again, that's not for the judge. That's to prove to the world. He was not in custody when he posted that discord to confession. He was still at his home. He had plenty of time to get down to the local sheriff's office and turn himself in. I do think it's interesting. Like, I don't know whether the message,
Starting point is 02:14:27 the photo of the message that was left under the keyboard and or the text message. were turned over by Lance Twiggs or found by Celebrate. I, I to this moment, don't know that. And let's not forget, Dave, one of the interesting things is he did not call law enforcement. Lance Twigs did not call the cops. Didn't call him on 9-10. Didn't call him on 9-11 when he got that message from Tyler.
Starting point is 02:14:52 He didn't call him when he saw Tyler walking around the house and redouble down on the confession. They had to go to him after Tyler turned himself in. So I don't know. I mean, in another world, you could see the DA, someone like yourself and the cops, finding a way to slap charges on this guy, no? Yeah, especially because Twigs' DNA was found on the screwdriver and on the towel, were covered with the rifle. They live together, so you could have an innocent explanation. But if you wanted to say that Twigs was an accessory, he didn't report it, you could try. The thing is, is that it's got to be more than knowing about it.
Starting point is 02:15:29 and not saying there's no good Samaritan law that you have to report. But if he tried to cover it up, if he helped Tyler Robinson evade capture or cover it up, then he could be charged as an accessory. He's only been given use of immunity for his testimony. So that means they could develop independently evidence against him. So he's not out of the woods yet. But my take, and I don't totally disagree with Viva, my take is that he sounded credible and I don't think he was an accessory to it, but I would.
Starting point is 02:15:59 keep him open mind that if they do have evidence it showed that he helped keep the heat away from his roommate then yeah then they should go after him too the i'm just going through my notes on his testimony uh he said okay they spent the night together in the same apartment on nine nine the night before the crime uh when did he leave early he said maybe five a m could have been even earlier one a m saying that he had to work that day he had a long drive to work that day and it wasn't until late that evening, 11 p.m. or 10, according to my text here, that he received the automated message. He did cop to seeing Tyler engraved bullets earlier. Tyler told him that he was going hunting with his family, told him to make sure, oh, he told Tyler to make sure he did not set off the bullet in the house.
Starting point is 02:16:52 Tyler asked about a Dremel to engrave. I didn't know what that was, but my team found a picture of a Dremel and it's like a machine that, I don't know, it's like a carving, I guess, machine. Yeah, a mini-handi-man's tool, like a dentist drill, but more powerfully, you switch the end if you want to cut, engrave, whatever. It's a good tool. I mean, it have to be very precise at the end if you're engraving a bullet. But it's like, it's a pencil tip. I mean, you can basically use it as a pencil for engraving, and then you can buff stuff out of it. It's very useful.
Starting point is 02:17:20 I mean, that in and of itself, Viva, really is suspicious. Like, they're sitting in the same room, and he's engraving bullets. And they're lovers. And he doesn't say, what do you have there? What's that? What are you engraving? I'm telling you, like, I might be my own bias because I'm coming into Lance's testimony, already believing what I believe, and I want to find things to substantiate it,
Starting point is 02:17:41 but that he's not even more shocked at what has happened, that he doesn't put, that he claims that he didn't put any of this together. And it's only late in the evening that it even clicks with him, that Tyler might have done this. I've got great difficulty believing that. But one of my takeaways is, you know, listen. to Lance talk about him waking up, was it 12 or 1 o'clock in the afternoon because he didn't have work that day, what repulses me in all of this. And at the end of the day, you know, people are going to analyze this like a murder trial and it turns into something, you know,
Starting point is 02:18:10 a technical analysis is the humans behind this. You have these two degenerates, one more so than the other. And now at the center of the universe, it almost feels like they love the attention that they're getting right now. Lance is being asked questions about his childhood, you know, the games that they used to play. And it's like it's all the attention in the world that they've ever wanted because they snuffed out of this earth on existence of a man that was incomparably, you know, a better human. It just nauseates me to actually listen to this testimony where they might even revel in the attention and Tyler never got this much attention in his life before.
Starting point is 02:18:46 And what made him famous was snuffing out the life of Charlie Kirk. Oh, stomach turning. Who would have been a future president without question? who led a movement, who led a Christian revival, who at such a young age had already made such a difference in our world, just a profound impact on so many levels. And yeah, these two losers sitting there with their pot and whatever else they were doing in that apartment, their stupid memes and their gamer life contributing next to nothing, took it all away.
Starting point is 02:19:20 He was asked, did you read that note, that automated message? yes, around 11 on September 10th. They showed a picture of it. They, they, they, uh, he said then it, he read the note and then he put the note back on, on Tyler's desk. We don't, clearly Tyler got rid of it because
Starting point is 02:19:37 we've never seen the actual note. The only reason we know about that note that was under Tyler's keyboard that Tyler told Lance to go look for is because Lance took a picture of it. And the cops found that picture on his phone and ultimately found him after
Starting point is 02:19:54 Tyler confessed, but they've never gotten the actual note. Clearly, Tyler went there and did some cleanup the next day, which is interesting. Let's see, he left a message. I don't think he meant to. He saw Tyler, we talked about that, didn't go into detail. Yeah, I asked him whether what he said the night before was true. Yes. I mean, that's another confession, Mark. That we now have the confession in the note. We have the confession in the texts. We have the confession in the discord. We appear to have very close to a confession to his parents. I mean, it's as close as you can get. They don't use that word confession
Starting point is 02:20:33 when they discuss what he said to his parents. But here is how they describe it in the criminal information. His... They agreed that the person in the surveillance looked like their son. They believe the rifle looked like the son that the rifle they'd given him.
Starting point is 02:20:46 The father contacted the son, asked him to send a photo of the rifle. Robinson did not respond. Robinson's father spoke on the phone with Robinson. Robinson implied that he, plan to take his own life. Robinson's parents were able to convince him to meet at their home. Robinson implied that he was the shooter when they met, implied that he was the shooter and stated that he couldn't go to jail and just wanted to end it. When asked why he did it, Robinson explained
Starting point is 02:21:08 to his parents, there is too much evil and the guy Charlie Kirk spreads too much hate. They talked about Robinson turning himself in and convinced Robinson to speak with a family friend and a retired deputy sheriff. At Robinson's father's request, the family friend met with Robinson and his parents and convince Robinson to turn himself in. So I don't use the word confession, Mark, but I mean, might as well. And now we have a fifth, a fifth confession when he saw Lance Twigs the day after. And Lance said, was it true? What you texted me? And he said, yeah, it was. I mean, once again, and that he wished he hadn't done it and that he cried as he paced around the apartment, said he would talk to his parents or turn himself in. I mean,
Starting point is 02:21:51 How many confessions do we need? Right. One is good enough for me to run to the prosecution and define winning by begging them and pleading them and getting them to offer life. That's why I think that that's what the defense is doing. They're getting past his probable cause of hearing, which, again, as Viva made very clear, I agree with him. The chances of this judge not finding probable cause, I equate to getting struck by lightning while you have the winning lottery. ticket in your hand. It is guaranteed to happen. But let me go back to the crying, because I think I keep getting downloads as to why that's even more significant. A guilty verdict, I think,
Starting point is 02:22:36 is going to happen at his trial, assuming this isn't resolved to a life sentence. You go to the penalty phase. You got 12 people who are deciding whether he should live or die, and death is different. However you feel about it, Megan, you would be like, all right, let's go straight to death. No questions it's very personal. And when you start to hear things like him crying, him wishing he didn't do it, while that would have zero impact on you and maybe other panelists here, that could have an impact on at least one of the 12 jurors. And since they require a unanimous verdict to give him death, that's a concern.
Starting point is 02:23:14 It's not a guarantee that you're going to get the death penalty here. And the other thing, just to continue that thought, Mark, is that everything we hear about Tyler Robinson, like we opened the show today with this reporting from this well-known YouTuber and this guy says he was contacted by a friend of the pair of them, Robinson and Twigs. And that that person gave this YouTuber a bunch of, like we showed pictures from what he said was inside their apartment, a bunch of details on both of them, Tyler Robinson and Lance Twigs. And if you believe all of this, the takeaway is, Lance Twigs was a hot mess.
Starting point is 02:23:54 And Tyler Robinson was kind of fine. Not thriving exactly, but not the problem. Like, maybe realizing he was gay. But, like, that's it. He wasn't the one manic and crying and doing experiments with mold and then whisks with metal on them, trying to grow shit in the apartment. And, you know, swaying between, like,
Starting point is 02:24:19 huge bouts of depression. and then manic, maniacal, smiling and giggling while he did these crazy drawings. That was all twigs. So I don't know if it, I don't know if that answers anything about how Tyler Robinson one day pulled out his gun and shot Charlie Kirk, according to the prosecution. But it's not like hearing about Charles Manson, who is this like frothing at the mouth serial killer who loved killing. Who's that?
Starting point is 02:24:50 That's for you, Mark. Oh, it is for me. I mean, no, just agreed. Yeah, just, it's not like a lifetime of crime. Oh, absolutely. No, and again, that's another argument. I mean, I know it gets people upset to think that there's any way that he might not get death, but it's another argument to be made to the 12 people who are deciding whether he should live or die.
Starting point is 02:25:11 The absence of the Charlie Manson-like thought process, the record dating back to the disco crisis, which you would hope to find on someone you're finally going to give the ultimate sanction to. What he did was abhorrent without question. But again, you've got to fine-tune the argument and say why he should die and not spend the rest of his life in prison. And again, that is not guaranteed.
Starting point is 02:25:37 We've seen it over and over again in high-profile cases where we think it's a slam dunk and two or three jurors say, you know what, no, it'd be worse for him in jail. Let him live in prison and maybe he'll get killed there, something like that.
Starting point is 02:25:50 here's the soundbite um by the way before i play it it's interesting because what we learned at the top of the show where we talked about that what the YouTuber reported was that Tyler was in a caretaking role toward Lance Twigs Tyler kind of had his act more together you know he had a job and he wasn't having i don't know if it's bipolar or what but the those huge emotional swings and he was, they described him as, as Lance's handler, but like he had defaulted to a caretaking role of Lance Twigs. And Lance is the one who is doing HRT according to this YouTube, but like really starting to do like off market hormone replacement therapy
Starting point is 02:26:35 as he grew breasts and was trying to turn himself into a woman, which in many circumstances drives people nuts and they unleash violence on us. But it, you know, along this same line, you're going to get an argument that he thought he was taking care of Lance Twigs that day, too. You know, this hate he was so, he was so, he so, he so objected to in Charlie was about this issue. That's, that's what we think they're going to be able to prove. And, you know, you see Luna sitting there in a suit with long hair projecting, I don't know what, but this is going to be an ongoing theme that, like, this is some sort of a caregiving type situation in Tyler's head.
Starting point is 02:27:18 Here's the sound bite from Lance Twiggs about the day after the murder seeing Tyler in their apartment. And did he talk about what he had done? Didn't go into detail. He just, I just asked him in person if what he said was true the night before. And he said it was. I started crying a little bit and said he wishes he hadn't done it. And then kept going around and just. doing stuff, I think, to keep himself busy or distracted or something.
Starting point is 02:27:53 And they, I mean, Viva, can I just say, like, I don't believe that. There's no way they, he just said, is it true what you told me last night? Yes, it's true. That's what I was just trying to look up in terms of when the first images of Tyler Robinson were circulated to the public to identify the individual. I think, I think Lance said in his, in his testimony. Oh. Well, Lance said in his testimony.
Starting point is 02:28:15 Yeah, I wasn't on social. I wasn't on social media much. first of all I have trouble believing that I'd like to know when the first images were circulated because there's no doubt in my mind that he knew it was true and he might have known before that text message went out to him
Starting point is 02:28:30 and when Tyler says oh I meant to delete that I mean some people could say well he meant to delete it to send another type of protection self-serving protection email to his lover Lance Twigs but I don't believe it it's like that he comes in he's admitted to what he's done you've seen the news I don't
Starting point is 02:28:48 care if Lance is on social media or not, but I believe he is, and I believe he knew earlier than that. And then he's like, did you really do it? And it's, that part is implausible to me, except for the fact that his testimony has to cover his own ass, because, you know, above and beyond his use to immunity, he doesn't have blanket immunity to me. And he needs to cover his own, but while giving the prosecution what they need to go ahead and charge and convict Tyler Robinson. But no, that part doesn't make sense to me. And I would like to know what Lance Twigs social media footprint is because given their age, given what they're into, given their discord propensities, I don't think his social media footprint is nothing and I'd love to know what it is.
Starting point is 02:29:27 I disagree with you guys. My team is telling me, Viva, that they release the pictures of the shooter. Okay, again, none of us knew who that was. We just saw the pictures of the shooter per the FBI at 10 a.m. Utah time on September 11th. Okay. So would have been, I think, by this timeline, right around when he was seeing Tyler Robinson in their apartment. He says, I saw him. When I woke up, he was walking around the house. So, I mean, they were probably released by the time he saw him. And of course, the night before,
Starting point is 02:30:02 he had received the text saying it was me. I'm waiting to get my gun. I got to get my gun. It worked pretty good. Grandpa's gun got it done. It was only a $2,000 scope. I mean, he'd been given a lot of details by Tyler. But I just don't believe that just your lover has just committed a murder, a, forgive the term, but sensational murder. And it's all over the news. There's a manhunt. And, you know, everywhere the FBI's got your lover's picture out there. And he doesn't come back. Both of the lovers' parents knew it was him. And you just say, is it, is it true what you texted me? No, you're going to be like, you're going to know everything. Why? Why'd you do it? What were you thinking? You know, now what? Are you going to run? And if you were in
Starting point is 02:30:46 the conversation is going to sound even different than that. I don't know, Dave Aaronberg. Like, you're for, as a former prosecutor, I would think this is a stone you'd want to keep turning. Like, keep digging under that stone to see how far we go. Yeah. And this is precisely the point that defense lawyers will seize upon to cast doubt on his credibility. But as my co-panelist said, this die is cast. I mean, this probable cause hearing is just for probable cause, not for beyond a reasonable doubt. They've got so much evidence. So really, this is about trying to get anything you can to make life miserable for the prosecutors to force them to come the table and take the death penalty off the table out of the equation. So but no.
Starting point is 02:31:24 We're not there. We're not there. Yeah, that's for sure. It is, it is interesting. Is that true? You know, that does sound like Twigs is exaggerating what he said at the time. It does seem like that's not exactly what he said. Of course, it doesn't.
Starting point is 02:31:39 Or under exaggerating, like under. Underplays. Yeah. Yeah, under, yeah, he's downplaying. what happened between the two of them. Yeah, yeah, but, you know, they'll say, well, you know, he was, they're so shocked. This is the kind of thing they say. But yes, fair enough.
Starting point is 02:31:54 None of it, though, casts any doubt upon who did it. And the fact that Tyler Robinson has so much information, including confessions, repeated confessions against him that he's going down for this. But fair point, the extent of which Twigs is involved in this is still an open question, even though the authorities, apparently, including the FBI, think that he was not involved. and that's why they're going to go to the mat with him as a key witness with use of immunity, thinking that he wasn't even an accessory. But, you know, I'm open to information if we find otherwise.
Starting point is 02:32:24 Megan, I guess I'm the only one, Megan, I'm the only one out of four here who thinks that it's possible that it happened exactly as Twiggs said. Now, I also would not be shocked if it didn't happen that way, but I'm picturing him saying, wait, is it true what you told me? Is that true? I totally can picture that. And I also don't see the prosecutors wanting to push any further, especially now because his testimony has been put into evidence.
Starting point is 02:32:54 This is what his testimony is. And I don't know that they're going to push any further because it advances the state's case and it's already been done. So I'm just saying I see it play out that way. And I mean, how you would have handled it. And you know, you don't know what's in these people. We are nothing like these people. So when he says, did you, you know, did you do it?
Starting point is 02:33:17 Is that, is that true what you said, whatever he said? Yeah, I see him saying that. It is that he allegedly got the text message the night of, then Tyler doesn't come back that evening and then comes back in the morning when the news, you know, has been fleshed out. You know, at this point, it doesn't matter from Tyler's perspective. The real question is whether or not Lance had a greater involvement or anybody else. And then, you know, to go all the way back to Joe Kent and his investigation or the rumors that he requested the Cash Patel look into foreign elements, you know, the idea that they wouldn't want to complicate the prosecution against Tyler Robinson by further implicating Lance Twigs is a theory that others have said is one of the reasons why they may not have dug deeper or pursued investigations into Lance Twigs because it might complicate the conviction that they want to get of at least Tyler Robinson in this case. Right. And there was some great frustration in the public eye that it doesn't look like every stone
Starting point is 02:34:16 had been unturned in terms of who else might have been involved in this plot and, you know, who else was on those discord chats. But no, to me, it doesn't, I mean, again, all of this is beyond human comprehension from anybody with a, with a moral compass. But I just, I don't believe what Lance is saying necessarily, oh, was it really you? I don't either. To me, it's more like, to me it's more like, let's cover this up and let's try to find a way to get you out of the country.
Starting point is 02:34:38 and, you know, I didn't do anything, so I'll worry about that later. That's how I would see it playing out the next day, not I'm shocked and stunned. No, it's of holy crap. I think I knew that this was coming and I knew since last night, and now what are we going to do? Not even that I'm pretty sure I knew that this is coming. I did know this was coming, and I told these other lunatics on Discord about it. That's why they've been posting messages saying, wait until you see September 10th and what happens. And then when September 10th came, I told you, you know, like big news is coming at Utah Valley University.
Starting point is 02:35:08 you wait and then it came bro that was it you know it's like i i have to believe that the fbi looked into each and every one of those and somehow came away convinced that that was just meaningless talk i mean i'm i'm going to guess this is what the fbi would have told us but there because there's been no indictments you know viva that like nobody else got indicted beyond lance twigs and and it could have been tyler or lance twigs who would have told them some such a thing on here. But there's no way the FBI didn't talk to the people who posted those messages. I, I agree. And then the, you know, if you say, well, I trust the FBI did a thorough investigation, you'll be accused of gobbling up what they refer to as fed slop these days.
Starting point is 02:35:56 I know. But the problem is like to me, if they did not go in and examine each and every person in all of those discord chats, whatever the hell they call, uh, It's either dereliction of duty or, you know, they don't want to know who was in on those chats. They did. I asked Cash Patel about that directly on this show. I asked him about whether they'd be doing that. And he said, yes. I just, he's not an idiot. He wants to solve this case. He wants anybody responsible. And I realize if you're, if you think the government is behind this, you're saying, what are you saying? No, he doesn't. He wants to, he's part of the cover up, but I don't believe that. I think he wants to solve this case. and he would love to indict anybody responsible
Starting point is 02:36:38 or who had foreknowledge and had a role. But if he found people with foreknowledge but no role, we deserve to know that too. Because while they may not be indictable, as you guys point out, there's no good Samaritan rule. They're totally subjected to scorn. They are, they should receive all of our scorn.
Starting point is 02:36:58 I'd love to know their names. What if somebody hires one of these lunatics? Like, who the fuck are they? I'm sorry, but from the beginning, I've wanted to know who are they? They were predicting his murder when it happened. They said, told you. And we've just been asked to kind of look the other way.
Starting point is 02:37:16 And I feel like we've been asked to look the other way on Lance Twigs, too. Maybe it's because they would preserve his credibility. I don't know. I don't care. But let me read you this quickly. This is new from the text message. Three hours ago, there was an officer with a canine walking nearby the area, hoping that pooch has a bad sniffer.
Starting point is 02:37:35 I mean, there are reports that there was a bomb sniffing dog or gunpowder, and he did not alert. And here's Tyler Robinson saying that. I'm wishing I had circled back and grabbed it as soon as I got to my vehicle because it sounds like the police couldn't get in for a long while because of the traffic. Needless to say, I'm a be late coming home, my bee. And his response is, just stay safe. That's Lance. I will, says Tyler. I'm more worried about what my old man would do if I didn't bring back grandpa's rifle.
Starting point is 02:38:05 He's far scarier than any Fed, not going to lie. Guess I'm just sitting in my car watching reels for another hour, hoping this guy fucks off. And then Lance, are you okay still? I mean, this is not like somebody who sounds like he's going to call law enforcement. And indeed, he didn't call law enforcement. Right. But it doesn't mean he's committing a crime, right? He was being sympathetic to his lover and he was trying to support him.
Starting point is 02:38:31 And he shouldn't win any nice guy awards. He's not going to win a Good Samaritan Award. But to me, I still lean more towards Mark's side that Twigs probably had little or nothing to do with this. And I did think what he said on the stand was credible. So that's my take of it. I don't know. If I'm sitting next to Doug and he's engraving bullets, I'm going to know what's on them. I mean, I'm just going to put myself out there right now and say I will know.
Starting point is 02:39:00 If dear Doug ever got to a point where he's engraving bullets, he will go to great lengths not to let you know what he's doing. That's true. That's true. Dear Doug does not grave bullets. He doesn't do anything with bullets. And one of the many reasons I love him. Though using firearms for a lot for purposes is fine. Guys, thank you. What a day. More tomorrow. We'll be back then. Thanks for listening to The Megan Kelly Show. No BS, no agenda, and no fear.

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.