Podbit · The Megyn Kelly Show
Mark Geragos says that competent capital defense requires working the guilt phase and the penalty phase mitigation strategy at the same time. If the defense can establish Tyler Robinson was under the substantial domination of someone else — potentially Lance Twigs or an online community — that could be a critical mitigating factor in the death penalty decision.
Where this was said
At 2:27:48 · chapter starts 2:11:00
In one of the episode's most unsettling segments, Megyn Kelly reads from a series of online posts — including one predicting on September 3rd that 'it'd be funny if someone like Charlie Kirk got shot on September 10th,' and a friend of Lance Twigs posting 'We fucking did it' after the murder. She raises the possibility that Lance Twigs was not an innocent bystander but a co-conspirator who has now flipped to save himself. Viva Frei says these posts are real and have never been adequately answered by the FBI. Geragos argues the defense must investigate them regardless of whether it changes the guilt outcome, because if Robinson was under the substantial domination of someone else, that is a critical mitigating factor at the penalty phase. Matt Murphy responds by analogy to his Daniel Wozniak death penalty case: even if 25 other people were involved, it doesn't reduce Tyler Robinson's individual culpability at the guilt phase. He says the defense should absolutely pursue this angle — but in the penalty phase, not the guilt phase, to preserve credibility with the jury. The episode closes with Viva Frei asking the obvious question: what did Lance Twigs think Robinson was etching messages into bullets for a week before the assassination?
Tyler Robinson's parents both independently looked at surveillance images of the shooter and believed it was their son before he turned himself in.
Multiple online accounts — including one directly connected to Lance Twigs's social circle — predicted something big would happen at the Charlie Kirk event on September 10 and then claimed credit afterward. Megyn Kelly and Viva Frei argue these posts have never been adequately investigated by the FBI and represent legitimate unanswered questions.
Multiple online accounts predicted that something big would happen to Charlie Kirk on September 10th, and several claimed credit after his murder.
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