Quote · The Megyn Kelly Show
Explosive Moments From Tyler Robinson Hearing, and Trump's FIFA Controversy, with Geragos, Murphy, Aronberg, Merchant, Frei, and Sage Steele | Ep. 1353
Where this was said
Legal Panel Part 1: Aronberg, Merchant, and Frei on the Hearing's Purpose
At 1:04:57 · chapter starts 1:01:00
The first legal panel of the day brings in former prosecutor Dave Aronberg, criminal defense attorney Ashleigh Merchant, and former litigator Viva Frei to break down the strategic landscape of the preliminary hearing. Aronberg explains that while probable cause is a foregone conclusion, the defense pushed for this format to lock in testimony and cross-examine witnesses earlier than a grand jury process would ever allow. Merchant bombshells the discussion by pointing out that the prosecution could get over the probable cause bar in under 30 minutes with a single summary police witness — meaning the five-day witness list is an extraordinary and unusual public strategy. Viva Frei adds that Candace Owens and others online are mischaracterizing the proceeding as a trial, when hearsay evidence is admissible at a probable cause hearing and the burden of proof is radically lower. The panel agrees the prosecution appears to be waging a campaign in the court of public opinion to counter growing conspiracy theories about Tyler Robinson's innocence.
Utah's legal culture heavily favors preliminary hearings over grand juries, and the defense can exploit that to lock in witness testimony and cross-examine prosecution evidence before trial. A grand jury would have indicted Robinson in a closed session with no defense access — the preliminary hearing is a much bigger gift to Tyler Robinson's lawyers.
Unlike most states, Utah rarely uses grand juries, instead relying heavily on preliminary hearings as the primary mechanism to establish probable cause.
Lance Twigs — Tyler Robinson's alleged trans furry lover — is the prosecution's most important witness, possessing the alleged confessional texts and letter. But introducing him to a conservative Utah jury is a challenge: the defense calls him Luna, not Lance, setting up a credibility war. His use immunity also limits cross-examination effectiveness.
