Kirk Preliminary Hearing - Day 3
The Judge is fed up with the defense antics.
It is important to remember that this is a PRELIMINARY hearing, not the actual trial.
Day 3 started with a bit of a legal tussle over admissibility rules in a Preliminary Hearing. Then the prosecution called Utah State Bureau of Investigations Agent Brian Davis to the stand.
Agent Davis was one of the lead investigators on the case. He testified that the killer turned himself in the day after, and he was asked about the various interviews with the family and friends. He was also asked about the furry twink roommate. Rumor had it that the guy was given immunity, but that is mostly false. Davis says the guy was given “Use Immunity,” which is when a person is given, during a limited time of their statement, immunity from statements that are made regarding an incident. Importantly, it does not preclude them from prosecution at a later date.
When the prosecution tried to introduce the video testimony from the furry twink roommate, the defense fought to keep the video and audio out of the public eye and sought to restrict the prosecution to using a transcript that the defense had prepared and redacted. The judge seemed to get frustrated because the defense should have raised these objections before the hearing. Defense attorney Novak had the absolute gall to claim that it was the judge’s fault. He said that the judge had said he didn’t want to hear about the evidence until it was presented in court. Judge Graf then gave Novak the legal equivalent of a spanking as he went into dad mode, telling Novak that it is not his job to interfere with the parties and that he should not have to tell them how to argue the case.
After it was suggested that the hearing be closed to hash this out, the media lawyer, Michael Judd, got involved to fight for the public’s access to the evidence. Defense attorney Novak continued to fight to close the hearing to the public so they could even try to articulate their objection.
Judge Graf took a break to review the “redacted” transcript proposed by the defense and the video of the deposition before ruling on objections from all sides. After the break, he overruled some of the redactions and allowed others to stand. The rest of the afternoon was spent arguing about which portions of the video should be redacted. Everyone chimed in. We heard from the prosecution, the defense, the media lawyer, and even the Kirk family lawyer. The Prosecution then asked that the court recess for the day so they could make the court-ordered redactions, and the Judge agreed.
The Kirk Family released a statement:
"The Kirk family believes strongly that if the evidence is being admitted in this preliminary hearing, it should be made public for the world to see. No redactions. This court has tools at its disposal to make sure the defendant receives a fair trial. You'll use them if you find that you need to. That's it, Your Honor. To not be transparent here, to not be open, to not let the world see what happened, will create doubt and distrust in the judicial system.
And that's not what anybody wants. That's not what any of us believe should happen here. And we'd ask the court to consider the position of the family in making its ultimate decision. Thank you."
As always, for a more detailed transcript of the day, check out East Idaho News, or head over to Andrea Burkhart’s YouTube Channel to watch the hearing.
Meanwhile, in La-La Land, Candace spent the day attacking Ben Shapiro and Jeremy Boreing. Ben revealed on his podcast the day before that someone from Charlie’s security team was on the phone with his security team while Charlie was on the way to the hospital. So, Candace tried to run her own personal witch hunt to figure out which security members were calling who.
Candace made a wild claim that the guys in the car were too busy talking to Ben’s security to take care of Charlie. But here’s the thing. Brian Harpole was Charlie’s head of security that day. He did an interview with Shawn Ryan in November 2025. He told Shawn that while he usually ran with an eight-man crew, he had brought TWELVE men with him that day. Each of Brian’s guys had their assigned roles. As he describes the event, only four guys from the security team and Frank Turek were in the car. There was a driver, a navigator, then Brian, - who was hanging half out of an open car door while working on Charlie, and Rick - who was holding on to Brian so he didn’t fall out of the car and could use both hands to work on Charlie. Frank was in the back, praying over everyone.
Once at the hospital, when the doctors had taken over and everyone had caught their breath, Brian checked in with the rest of his team, who were still back at the scene. So just because someone from Charlie’s team took a call from someone on Ben’s team does not mean that person was in the car.
Speaking of Shawn Ryan… It was just last week that Candace told Shawn that the police had never interviewed the furry twink roommate. Tomorrow, we should get to hear portions of the video deposition that Candace says never happened. Should be interesting.
Lorraine Yuriar is a wife, mother, and lifelong conservative currently stuck in a very blue state.