Jeremy Rosenthal on Tyler Robinson's first in-person court appearance

Episode Transcript

Speaker 1 (00:00):
Well, no doubt. Erica Kirk has made it very clear
that if anybody wants to talk about a conspiracy theory
on what happened with the killing of her husband, Charlie Kirk,
they can forget about it. And she was pretty adamant
out about it and also pretty angry about it recently
in a number of different interviews, joining us Now to
talk about the court proceedings that took place yesterday as
Charlie Kirk's killer, Tyler Robinson, was in court for the

(00:21):
first time. Jeremy Rosenthal are our buddy and legal expert,
also a prosecutor before he came a defense attorney, so
you kind of know both sides of the fence on
this one. Jeremy, welcome in. Good morning, JT. How are you.
I'm doing great. So let's talk about the big ruling yesterday.
I guess the judge is now saying, yeah, we're going
to allow cameras in there. Does that make a difference
when it comes to Jerry's decisions or how they handle

(00:42):
things in the courtroom? Are they impacted by that presence?
I think they have to be.

Speaker 2 (00:49):
I mean, do you behave differently when there's a big
camera in your face for all day every day.

Speaker 1 (00:54):
I try to avoid that.

Speaker 2 (00:55):
Yes, right, I mean, you know, a big star like
like you and me. Yeah, you know it's easy for us.
But yeah, I think it has to In what way,
I don't know, but it certainly impacts things. I mean
you kind of think about it like it's.

Speaker 1 (01:12):
When it's raining at a football game.

Speaker 2 (01:14):
Both teams got to play in the rain. But yeah,
it's it'll at least it should hopefully eliminate some of
the conspiracies, some of the mystery. You know, it's always
better in my view when these things are you know,
a sunshine's the best disinfected, right.

Speaker 1 (01:33):
See. I don't understand why there's even any question on
an core proceeding if an attorney on either side once
camera's in there, open the door. I mean, courtrooms are
open to the public for the most part. Correct, they
are they are.

Speaker 2 (01:46):
Judge is always going to be balancing the defendant's rights
with and really the prosecution's rights too. If we think
about it, with justice, you don't want to mistry a case.
You look at some of these really really big to
do trials, and they're really expensive, they're really time consuming.

(02:08):
This judge has not just this case to consider, But
the other seven hundred people who have criminal cases or
divorces in front of this judge, and if you have
to do this case over, it's really unfair to all
those people. And it doesn't take a whole lot to
make something go sideways. And you look at oj right,
I mean that thing was a circus? Was that because

(02:29):
of the media? I don't you know? I mean media
probably contributed to it. So there are some factors to
consider there.

Speaker 1 (02:36):
Will the jury be sequestered in this case? What makes
a decision easy to make on that? For a judge?
What do they look at to sequester a jury or not?

Speaker 2 (02:46):
You're looking at outside influence anytime you're thinking about sequestering
a jury. This is a smaller community. It's not Manhattan,
and you would think that the judge can tell you, you know, now,
don't watch the television, don't you know, don't listen to
your neighbors and things like that. But you know it's

(03:09):
it's to each their own. You also don't want to
I mean, getting some questioned sucks real hard, and it's expensive,
you know, because you're putting people up in a hotel
and you're feeding them for who knows how long. So
I think I think courts try to avoid sequestration really
at all costs, unless unless there's.

Speaker 1 (03:29):
Just no other way to do it. Erica Kirk denounced
all the conspiracy theories that are out there and said, look,
here's what happened. There's nobody behind the scenes, nobody inside
my organization or Charlie's organization had anything to do with
any of this. And people that continue to feed the
beast of all of these conspiracy theories need to shut up, basically,
is what she's saying. Will the prosecution try and introduce

(03:50):
I guess that's what they do. You know, you know,
the conspiracy theory. I mean the defense attorneys, rather not prosecution.
Defense tries to put reasonable doubt in that jury's will.
They bring things up like conspiracy theories.

Speaker 2 (04:02):
You can try that, Number one, I don't know that
that's your best strategy. But the other part of when
you're defending a case, and not a lot of folks
know this, is that when you introduce an alternate theory
to a case, you have to have some sort of
a nexus to it, particularly if it's attached to a

(04:23):
particular person.

Speaker 1 (04:24):
In other words, if.

Speaker 2 (04:26):
I'm defending a case I cannot put another human being.
I can't put a third person on trial unless I've
got some really darn good evidence of it.

Speaker 1 (04:35):
So you can try those things, but it.

Speaker 2 (04:40):
Can really come off as smoking mirrors. I find that
you really have to have one or two really cogent
points that you can support with evidence, and a lot
of these things are swinging it there.

Speaker 1 (04:55):
A lot of these.

Speaker 2 (04:56):
Conspiracies are just that they're just nonsense and there's just
not a lot of support to it. So if I'm
defending the case, I'm not really leaning on him.

Speaker 1 (05:04):
What is your defense? If you're his attorney, Tyler Robinson's attorney,
the evidence seems to be pretty damning right now, including
all the digital evens on his phone and things like this.
It looks pretty solid for the prosecution right now. How
do you attack this? As far as being a defense attorney,
this is a tough case.

Speaker 2 (05:19):
I probably do it the same way that Luigi Mangioni's
attorneys are defending that case, which is I start kind
of carving it apart piece by piece by piece. Mangoni's
attorneys are probably going to be a little successful in
getting some of the things thrown out from the Altoona,
Pennsylvania police approach of him and that McDonald's. When you

(05:43):
have a drag net like this, you're going to have
a lot of search warrants, You're going to have a
lot of cell phone data.

Speaker 1 (05:49):
How are they able to digitally trace him?

Speaker 2 (05:51):
There's a lot of search and seizure issues there that
you can probably sink your teeth into, maybe see what
pieces of evidence you can get pitched, and you sort
of go from there.

Speaker 1 (06:01):
All right, very good. I appreciate your input this morning.
Jeremy Rosenthal, Thank you, buddy. We'll do it again soon.