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Bullet used to kill Charlie Kirk did NOT match rifle allegedly used by suspect Tyler Robinson, new court filing claims

The bullet that killed conservative commentator Charlie Kirk did not match the rifle used by suspected killer Tyler Robinson, a new court filing says.

Robinson, 22, faces capital murder charges and the potential death penalty for the Sept. 10 killing of Kirk at Utah Valley University.

But defense attorneys now claim that the Bureau of Alcohol, Tobacco, Firearms and Explosives ‘failed to identify the bullet found in the autopsy in the rifle allegedly connected to Mr. Robinson.’

The defense team can now introduce the ATF firearms analyst’s testimony as exculpatory evidence, they said in a motion filed Friday that the preliminary hearing should be postponed for at least six months. According to Fox News.

He also notes that DNA reports submitted by the Federal Bureau of Investigation and ATF will take time for the defense team to analyze because the reports show several different DNAs were found on some items of evidence.

“As these cases demonstrate, determining the number of contributors to a DNA mixture and determining whether the FBI and ATF reliably applied approved and accurate scientific procedures… is a complex process that requires the assistance of several types of experts, including forensic biologists, geneticists, systems engineers, and statisticians, all of whom must review and evaluate several different categories,” the filing said. According to the Deseret News.

Robinson’s lawyers added that they received approximately 20,000 electronic audio files, videos and written documents that prosecutors submitted as evidence in the case.

Lawyers representing 22-year-old Tyler Robinson (photo taken in December), accused of shooting, claimed that the bullet used to kill conservative commentator Charlie Kirk did not match the rifle he allegedly used.

Kirk, 31, was shot and killed while visiting Utah Valley University on September 10.

Kirk, 31, was shot and killed while visiting Utah Valley University on September 10.

‘The defense team has and will continue to devote significant resources to processing discovery, including the identification of materials not yet received to inform preparation for the preliminary hearing,’ the filing states.

‘But the defense team is realistic and the thorough investigation required to determine what is missing will take hundreds of hours.’

“What is known at this time is that Mr. Robinson has not yet obtained the forensic case files and data necessary to investigate, through the use of qualified experts, the scientific reports the state plans to present at the preliminary hearing,” the attorneys continued.

Defense lawyers and prosecutors had previously met on March 12.

Based on that meeting, the defense said in the motion that it believed prosecutors would present “separate ‘bundles of evidence’ through three law enforcement witnesses identified at the preliminary hearing.”

‘This includes definitive forensic DNA and ballistics reports written by the FBI and ATF, social media data, statements from law enforcement about the crime scene and search locations and statements from Mr. Robinson’s parents and roommate, and ‘a significant amount of hearsay from peace officers who did not testify.’

Prosecutors alleged that Robinson drove three hours from his home to the college campus to kill Kirk, 31.

Prosecutors allege Robinson drove three hours from his home to the college campus to kill Kirk

Prosecutors allege Robinson drove three hours from his home to the college campus to kill Kirk

He was handed over to the police by his father, Matt Robinson (pictured centre), after his son allegedly confessed to the crime.

He was handed over to the police by his father, Matt Robinson (pictured centre), after his son allegedly confessed to the crime.

Matt said he recognized his own father's rifle in footage released by police during the search for Kirk's assassin.

Matt said he recognized his own father’s rifle in footage released by police during the search for Kirk’s assassin.

He was handed over to the authorities by his father, Matt, after he noticed his own father’s rifle in the footage released by the police during the search for Kirk’s assassin.

Authorities said Tyler’s grandfather gave him the rifle as a gift before using it to kill Kirk.

After spotting the “unique” gun, Matt texted his son asking for a photo of the family heirloom, which the suspect was unable to provide, according to police.

According to court documents, a text message between Tyler Robinson and his roommate and partner Lance Twiggs appears to claim the rifle was the only evidence the alleged killer left behind.

‘If I could have taken my rifle without being seen, I would have left no evidence. “They will try to take it back again, I hope they have moved on,” he wrote. ‘I haven’t seen anything of what they found.’

Robinson also reportedly wrote that he planned to pick up the gun from the ‘drop off point’ but the area was ‘locked’.

‘I wish I had gone back and caught him as soon as I got to my vehicle,’ he continued.

‘I’m worried about what my father will do if I don’t return my grandfather’s rifle… [I don’t even know] If there was a serial number but it wouldn’t reach me. I’m worried about fingerprints, I had to leave it in a bush where I changed clothes. he didn’t have the talent or time to bring it.

Robinson allegedly claimed in a text message that he had left the rifle behind

Robinson allegedly claimed in a text message that he had left the rifle behind

The message was sent to Lance Twiggs, Robinson's roommate and suspected lover (pictured)

The message was sent to Lance Twiggs, Robinson’s roommate and suspected lover (pictured)

The alleged killer later expressed concern that his father might want to see the gun.

‘I might have to leave this and hope they don’t find fingerprints. “How will I explain losing him to my father… All I had left was my rifle wrapped in a towel,” he wrote.

Robinson signed off on the fateful exchange by warning his partner Lance Twiggs to delete the messages and that his father was trying to call him about his grandfather’s rifle.

Eventually, he allegedly confessed to committing the murder to his father, who contacted the authorities and ensured his son’s safety before being taken into custody.

Robinson’s arrest shocked his friends he told the Washington Post He said that although Republican politicians “joked” about the accused murderer “catching a bullet” during his drunken conversations, they saw no indication that he was violent.

Those close to him determined that he had been radicalized by far-leftists, but claimed that he had given no indication that he would kill Kirk.

‘He loved his guns, he loved his beer, he hated the government. That was the impression I got, a friend who regularly played card games with Robinson and his roommates told the Post.

The friend claimed that Robinson openly opposed Democratic and Republican politicians and was not affiliated with any party, although he was registered to vote.

Robinson is due back in court on April 17, when defense attorneys and prosecutors will discuss allowing cameras and microphones in the courtroom.

Robinson is due back in court on April 17, when defense attorneys and prosecutors will discuss allowing cameras and microphones in the courtroom.

Kirk's widow, Erika Kirk, calls for transparency in the case

Kirk’s widow, Erika Kirk, calls for transparency in the case

Robinson is due back in court on April 17, when defense attorneys and prosecutors will discuss allowing cameras and microphones in the courtroom.

His lawyers had previously stated that the pretrial announcement reached the White House, where President Donald Trump said he hoped Robinson would ‘get the death penalty’ shortly after his arrest.

They are now expected to give evidence at the hearing which they believe contains ‘harmful and biased media coverage of this case so far’.

But Kirk’s widow, Erika Kirk, called for the hearing to be fully transparent, saying: ‘We deserve to have cameras there.’

She also publicly pardoned Robinson for allegedly killing her husband.

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