TR
Defense ArgumentAgainst Bind-Over
For the Record · Point XVII of XVII

Burden of Proof

Defense argument against bind-over

Argument · 17 of 17

XVII. The Court Must Not Reverse the Burden

The defense does not have to prove:

Those questions remain the State’s burden. The defense is not required to solve the homicide to demonstrate that the State has failed to reliably identify this defendant.

The State cannot answer each gap by asking “then who else did it?” That question reverses the burden.

The proper question is: what reliable evidence proves that Tyler Robinson did it?

Conclusion

Conclusion

Your Honor, after days of testimony, the State asks this Court to make the following findings:

At every critical point, the State asks the Court to infer what its evidence does not establish.

Infer motive.
Infer identity.
Infer authorship.
Infer possession.
Infer use.
Infer reliability.
Infer that absent witnesses would support the State. Infer that every contradiction has an innocent explanation — but only when the contradiction harms the prosecution.

Utah’s probable-cause standard is lower than proof beyond a reasonable doubt. It is not no standard. Rule 7B requires reliable evidence that the defendant committed the charged acts. Source: legacy.utcourts.gov Here, the evidence establishing identity is not reliable enough because every supposed bridge to Mr. Robinson depends upon another disputed assumption.

The State did not identify Mr. Robinson on the roof.

It did not identify his rifle as the source of the projectile. It did not identify his fingerprints on the alleged escape route. It did not produce the original note. It did not produce a confession to police. It did not call his parents. It did not call Mike Mitchell. It did not subject Lance Twiggs to live cross-examination. It did not call the Cellebrite examiner who performed the extraction. It did not establish through independent device evidence that Mr. Robinson physically authored each alleged message. What the State presented was not a chain. It was a collection of disconnected links held together by the prosecutor’s narration.

Narration is not evidence.
Suspicion is not identity.
Compatibility is not identification.
An implication is not a confession.
A photograph is not an original.
An immunized account is not beyond scrutiny.

And inference stacked upon inference does not become probable cause merely because the alleged offense is grave.

The burden belongs to the State. The State has not met it.

For those reasons, Mr. Robinson respectfully asks this Court to decline bind-over and dismiss the charges.

Day 5 Hearing — Closing Presentation & RulingThe State's final evidentiary presentation and Judge Graf's bind-over decision. Source: Court TV.
Gov. Cox — Original Press Conference (Sept. 12, 2025)The statement that first framed this case publicly, referenced throughout this argument's discussion of the State's narrative. Source: news pool coverage.
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