Kirk Preliminary Hearing - Day 2

New surveillance video showing the killer's movements throughout the day was released, and DNA evidence proved the killer handled the gun.

It is important to remember that this is a PRELIMINARY hearing, not the actual trial.

Day Two started with an acknowledgment that the defense had a standing objection to everything and would not need to voice it every time, after being called out for wasting time yesterday. Then the two sides engaged in an hour-long fight over a compilation video showing the killer’s movements on campus that day. Eventually, Judge Graf allowed the footage to be shown in open court and allowed the media to show it to the public.

After a short break, the defense began their cross-examination of FBI Agent David Hull. Defense attorney Nestor raised the issue of an unfired round found in the area. Hull testified that it was accounted for and came from a law enforcement officer clearing his weapon. Nestor tried to create a bit of doubt when she asked if any expended rounds were found on the roof; however, the weapon that was used was a bolt-action, and the expended shell was found inside the weapon, meaning the killer never ejected it. Nestor tried to make a case that the video of the person on the roof doesn’t have enough resolution to clearly make out a face or a weapon. Hull responded that the analysts said the pattern on the front of the shirt appeared similar to the pattern on the shirt worn by the killer in another video. He also pointed to the very obvious long object in the killer’s hand after he jumped off the roof.

With Agent Hull’s testimony finally complete, we moved on to a fight over a statement by TPUSA representative David Engelhardt. The defense tried to have it excluded because it talked about Charlie’s religious beliefs. The prosecution pointed out that Charlie’s religious beliefs are integral to the “victim targeting penalty enhancement” that they are arguing, and thus Charlie’s religious beliefs are vital to the case. The judge then asked whether they needed to close the hearing, at which point the lawyer representing the media popped up and demanded that the information be made public pursuant to the law. Eventually, Judge Graf ruled that the statement was provisionally admissible but not for public disclosure, because there is still an ongoing debate over the separation of religion and politics.

The next witness was Jennifer Faumuina, an officer with Utah Public Safety who helped process the scene. She testified that the gun, screwdriver, and towel were sent to the FBI for DNA testing. They called her to the stand to establish the chain of custody for these items before the defense called the next witness, an FBI forensic examiner named Amanda Bakker, who had to be called out of order because she was only in town for a short time.

The defense attorney, Michael Burt (most known for defending the Menendez brothers), tried to create some doubt about the DNA found on the screwdriver found on the roof of the Losee building, the towel wrapped over the gun, and the gun itself. According to Andrea Burkhart, Michael Burt has been challenging the validity of DNA testing for decades. He is the reason that forensic scientists no longer claim that DNA is 100% correct. He did his best to call Agent Bakker’s work into question, but the end result is the same - both the killer’s and his furry twink roommate’s DNA was found on the items in question.

After spending yesterday attacking Andrew Kolvett and telling her fans all the evidence in court was fake, Candace decided to attack Blake Neff today. She also decided that the video of the killer wandering around the campus must be fake, cuz the guy is 5’10” but the person in the video is well over 6 feet tall. What evidence does she have for that accusation? Pretty much just vibes. She feels like the guy in the video is taller, so he must be, and thus the guy at the defense table is a patsy. She ended the day by trying to revive her red shirt theory while still clinging to the exploding mic idea, despite yesterday’s testimony about cause of death.

Someone call the guys with the fancy jacket and the padded room. I have a feeling Candy’s gonna need one before the week is out.

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Lorraine Yuriar is a wife, mother, and lifelong conservative currently stuck in a very blue state.