Speaker
Andrea Burkhardt
Appearances over time
1 episodes
Episodes
1
Podcasts
Quotes & moments
Legal commentator Andrea Burkhardt predicted the trial would not begin until early 2028 at the earliest — and she considers even that timeline optimistic.
Andrea Burkhardt noted the defense has already received hundreds of terabytes of raw video, cell phone, and digital data through discovery.
Judge Graf sustained the defense objection to the state's compiled surveillance video because the person who added zoom effects and red circles was not available to authenticate the edits.
The defense is seeking the source code for a proprietary foreign DNA deconvolution software program used in the case, raising questions about whether a US court can compel a foreign entity to produce it.
The defense plans to call three forensic experts, likely from the FBI or ATF, which the state did not object to.
Officer Bagley climbed to the roof of UVU's Losey Center immediately after the shooting and found a red and black screwdriver alongside gravel markings that matched someone lying prone — aimed directly at the stage where Charlie was speaking. The roof was accessible by a public stairway.
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.
This is not a trial — it's a probable cause hearing with different evidentiary rules. Hearsay is permitted. There is no jury. The state only needs to show enough evidence to satisfy Judge Graf that the case warrants trial. Understanding this gap is essential to not being misled by clips of objections and procedural fireworks.
Agent Hall testified that Tyler Robinson appeared on UVU surveillance cameras four separate times on September 10th. The evidence places him on campus before, during, and after the shooting — a devastating evidentiary anchor for the prosecution.
Flooding the judge with objections is a calculated death-penalty defense tactic to preserve every possible appeal ground. But it's a risky play: drown the judge in noise and your strongest objection gets lost. Andrea Burkhardt breaks down the trade-off every serious capital defense team must make.
Judge Graf rejected the state's compiled surveillance video because the analyst who added zoom-ins and red circles wasn't available to authenticate the edits. But this wasn't manipulation — it was like John Madden drawing circles on a football replay. The state plans to resubmit both the raw and annotated versions the next morning.
Graham Allen was seated six or seven feet from Tyler Robinson all day. He watched Robinson eagerly studying evidence while his defense attorney giggled beside him. In the recess rooms, Erica Kirk and Charlie's parents comforted each other. The disconnect between what actually happened in that room and what the internet reported was staggering.
In Utah, the defense cannot unilaterally waive a preliminary hearing — the prosecutor also has a right to present the state's case publicly. Even if the defense wanted to skip it, the prosecution likely would have refused. Andrea Burkhardt explains the strategic calculus on both sides.
Exhibit 16 on the state's public list is a recorded statement from Lance Twigs, identified as Tyler Robinson's lover. The judge previously ruled Twigs did not need to be subpoenaed since the video would suffice. Andrea Burkhardt predicts the judge will allow it to be played, given his track record of limited deference to defense suppression arguments.
The Tyler Robinson defense is demanding the source code for a proprietary DNA deconvolution software program to challenge the forensic analysis. The problem: the software is owned by a New Zealand or Australian government entity. A US state court cannot subpoena a foreign sovereign. Andrea Burkhardt walks through why this is legally thorny — and why the internet will almost certainly misread it.
The medical examiner's report, referenced through police testimony at the preliminary hearing, lists Charlie Kirk's cause of death as homicide by gunshot wound to the neck. Exploding microphone theories and other alternative narratives are officially ruled out by the forensic record.
Online rumors have claimed Erica Kirk and Charlie's parents are on opposite sides. Graham Allen, who sat in the same front row as all of them, calls it total garbage. They were comforting each other throughout the day and stayed together in every recess room.
Analysis
What they talk about
- True Crime 100%
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