Andrea Burkhardt noted the defense has already received hundreds of terabytes of raw video, cell phone, and digital data through discovery.
Snapshot · The Charlie Kirk Show
Andrea Burkhardt noted the defense has already received hundreds of terabytes of raw video, cell phone, and digital data through discovery.
Where this was said
At 59:00 · chapter starts 57:45
Blake Neff relays an observation from an unconnected prosecutor who texted him during the hearing, calling the defense's behavior 'the dog that didn't bark' — a Sherlock Holmes reference suggesting that the absence of a factual innocence narrative is itself a meaningful signal. [1] — Andrea Burkhardt "A defense with a genuine factual innocence case shouts it early and often. They use every piece of public information they can to shape opi…" 57:50 Andrea Burkhardt takes the question seriously. She explains that it is entirely routine and expected for defense teams with genuine exculpatory evidence to put it out early and often. The fact that the Tyler Robinson team has not asserted factual innocence, has not sought to correct the public record with an alternative theory, and has focused purely on procedural obstruction is notable. She acknowledges this could mean various things, but the absence of an affirmative defense narrative does stand out to a practitioner with her experience. The absence of major discovery motions is also flagged as telling.
A defense with a genuine factual innocence case shouts it early and often. They use every piece of public information they can to shape opinion. The Tyler Robinson defense team has done the opposite — pure procedural obstruction, no affirmative innocence narrative. For a seasoned litigator like Burkhardt, that absence is loud.
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