The bullet that killed conservative commentator Charlie Kirk may not match the rifle used by suspected killer Tyler Robinson, a bombshell new court filing states.
Robinson, 22, is facing capital murder charges and a potential death sentence for Kirk’s murder at Utah Valley University on September 10.
But his defense attorneys now argue that the Bureau of Alcohol, Tobacco, Firearms and Explosives ‘was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr Robinson.’
The defense team may now offer the ATF firearm analyst’s testimony as exculpatory evidence, they said in a motion filed on Friday to push the preliminary hearing back at least six months, Fox News reports.
It also notes that DNA reports filed by the Federal Bureau of Investigation and ATF will take time for the defense team to analyze because reports indicated that several different DNA were found on some items of evidence.
‘As these cases indicate, determining the number of contributors to a DNA mixture and determining whether the FBI and the ATF reliably applied validated and correct scientific procedures… is a complicated process which requires the assistance of various types of experts, including forensic biologists, geneticists, system engineers and statisticians, all of whom must review and evaluate’ several different categories, the filing states, according to Deseret News.
Robinson’s attorneys added that they have received about 20,000 electronic audio files, videos and written documents that prosecutors have presented as evidence in the case.
‘The defense team has devoted, and will continue to devote, significant resources, to processing discovery, including identifying materials not yet received to inform readiness for the preliminary hearing,’ the filing states.
‘However, the defense team is realistic and the comprehensive review required to determine what is missing will take hundreds of hours.’
‘What is known at present is that Mr Robinson has not yet received the forensic case files and data necessary to investigate, through the use of qualified experts, the scientific reports the state intends to introduce at the preliminary hearing,’ the attorneys continued.
Defense attorneys and prosecutors had previously met on March 12.
Based on that meeting, the defense said in the motion it believes prosecutors will introduce ‘discrete “buckets” of evidence through three identified law enforcement witnesses at the preliminary hearing.
‘This includes a conclusory forensic DNA and ballistic reports authored by the FBI and the ATF, social media data, testimony by law enforcement officers about the crime scene and search locations, and testimony by Mr Robinson’s parents and roommate’ as well as ‘a significant amount of hearsay’ from ‘non-testifying peace officers.’
Prosecutors have alleged Robinson drove three hours from his home to the university campus to kill Kirk, 31.
He was turned over to authorities by his father, Matt, after he recognized his own dad’s rifle in the images released by police amid a manhunt for Kirk’s assassin.
Tyler’s grandfather had given him the rifle as a gift before he used it to kill Kirk, authorities have said.
After then recognizing the ‘unique’ gun, Matt texted his son, asking him for a picture of the family heirloom, which the suspect could not provide, according to police.
In a text exchanged between Tyler Robinson and his roommate and partner, Lance Twiggs, the alleged killer claimed the rifle was the only evidence he left behind, court documents show.
‘If I am able to grab my rifle unseen, I will have left no evidence. Going to attempt to retrieve it again, hopefully they have moved on,’ he allegedly wrote. ‘I haven’t seen anything about them finding it.’
Robinson also reportedly wrote about planning to get the weapon from his ‘drop point,’ but that the area was ‘locked down.’
‘I’m wishing I had circled back and grabbed it as soon as I got to my vehicle,’ he continued.
‘I’m worried what my old man would do if I didn’t bring back grandpas rifle… idek [I don’t even know] 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.
The alleged killer then expressed concern that his father would ask to see the gun.
‘I might have to abandon it and hope they don’t find prints. how the f*** will I explain losing it to my old man… only thing I left was the rifle wrapped in a towel,’ he wrote.
Robinson signed off the fateful text exchange by warning his partner Lance Twiggs to delete their messages, and said his father was trying to call him about his grandfather’s rifle.
He ultimately allegedly confessed to committing the murder to his father, who then contacted authorities and secured his son before he could be taken into custody.
Robinson’s arrest shocked his friends, who told the Washington Post that even though the accused murderer would ‘joke’ about Republican politicians ‘catching a bullet’ during drunk tirades, they saw no indication he was violent.
Those in his inner circle have identified him as having been radicalized by left-wing extremists, but claimed he provided no indication that he would kill Kirk.
‘He loved his guns, he loved his beer, he hated the government. That’s the impression that I got,’ a friend who regularly played card games with Robinson and his housemates told the Post.
The friend claimed that Robinson openly opposed Democrat and Republican politicians and though he was registered to vote, was not affiliated with any party.
Robinson is now due back in court on April 17, when his defense attorneys and prosecutors will debate the issue of allowing cameras and microphones in the courtroom.
His attorneys have previously noted that pretrial publicity reached as far as the White House, with President Donald Trump saying shortly after Robinson’s arrest that he hopes ‘he gets the death penalty.’
They are now expected to show evidence at the hearing they believe contains ‘harmful and prejudicial media coverage of this case thus far.’
But Kirk’s widow, Erika Kirk, has called for full transparency in coverage of the trial, saying: ‘We deserve to have cameras in there’.
She also publicly forgave Robinson for allegedly killing her husband.
