During the hearing, Robinson’s screen was off. He did not speak.
The waiver hearing took place at 10 a.m., and Robinson and his newly appointed legal counsel stated that they do not intend to waive a preliminary hearing.
However, Kathryn Nester, Robinson’s attorney has requested a second waiver hearing. That will take place on Oct. 30. Robinson will appear in person.
ABC4’s Bayan Wang spoke with Nester who said that she will request the discovery that prosecutors used to file charges against Tyler Robinson.
After the discovery is requested, prosecutors will have five days to provide it. Then, Wang said, Robinson’s attorneys will review it, and Robinson will decide if he will waive his right to a preliminary hearing.
In a preliminary hearing, the prosecution must show judge there is enough evidence to establish probable cause. If prosecution is successful, the judge will set a court date for Robinson’s arraignment. Then, he will enter a plea.
Robinson has been charged with aggravated murder (a Capital felony) with the victim targeting enhancement and violent offense committed in the presence of a child aggravating factor.
He is also charged with felony discharge of a firearm causing serious bodily injury (a first-degree felony) with the same enhancement and aggravating factor, two counts of obstruction of justice (a second-degree felony), two counts of tampering with a witness (a third-degree felony), and one count of a violent offense committed in the presence of a child (a Class A misdemeanor) with the victim targeting enhancement.
Utah County Attorney Jeff Gray is seeking the death penalty against Robinson who is currently being held without bail.
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