- Prosecutors oppose Tyler Robinson's motion to subpoena roommate Lance Twiggs.
- Twiggs, Robinson's boyfriend, received immunity for statements about Kirk's killing.
- Prosecutors argue Twiggs' testimony is immaterial; defense claims he's central to case.
PROVO — Is Tyler Robinson's defense team trying to make Robinson's former roommate, Lance Twiggs, attend the preliminary hearing in person?
Last week, Robinson filed a motion under seal that's titled "Application for Certificate to Secure Out-of-State Witness" for the preliminary hearing. In court Friday, the defense noted that the witness's attorney has declined to accept service of the subpoena.
On Tuesday, the Utah County Attorney's Office filed its opposition to Robinson's motion — and seemingly identified the out-of-state witness — stating, "The court should deny (Robinson's) application for a certificate to secure attendance of Mr. Lance Twiggs because Mr. Twiggs is not a material witness for the preliminary hearing."
Robinson was living with Twiggs in southern Utah when prosecutors say he shot and killed Charlie Kirk on Sept. 10 on the campus of Utah Valley University. Robinson faces a possible death sentence if convicted.
Prosecutors have stated in charging documents that Robinson left a note and exchanged text messages with Twiggs following Kirk's assassination.
Robinson left the letter for Twiggs, who court documents say was also his boyfriend, whom he referred to as "Luna." He texted Luna about where to find the letter after Kirk's death.
"Luna, if you are reading this per my text, then I am so sorry. I left the house this morning on a mission, and sent an auto text. I am likely dead or facing a lengthy prison sentence. I had the opportunity to take out Charlie Kirk, and I took it," the letter states, according to a search warrant affidavit.
"I don't know if I will/have succeeded, but I had hoped to make it home to you. I wish we could have lived in a world where this did not feel necessary. I wish I could have stayed for you and lived our lives together. I lack the words to express how much I love you, and how very much you mean to me. Please try and find joy in this life. I love you, always, -Tyler," the letter continued, the warrant states.
Prosecutors are planning to present as evidence during the preliminary hearing a video interview with Twiggs that was recorded on April 20. Robinson's defense team, however, says that it prevents them from cross-examining Twiggs, whom they describe as "central" to the state's case.
The state, however, contends in its new court filing that Twiggs is not a material witness.
"Testimony is material only when it would make a difference in the outcome. While defendant declares that Mr. Twiggs' cross-examination is material, defendant makes no effort to show how that could be given the limited nature of a preliminary hearing and the state's low evidentiary burden. Defendant has not demonstrated how cross-examination would make any difference here," the Utah County Attorney's Office stated in its filing.
Furthermore, "Mr. Twiggs was also given use-immunity by the United States Attorney's Office and the Utah County Attorney's Office — meaning that his statements at that April 20 meeting could not be used against him," the state's opposition states. "At the preliminary hearing, the state intends to offer Mr. Twiggs' April 20 recorded statement, as well as the photographs of (Robinson's) messages which were found on Mr. Twiggs' phone during the Sept. 11 interview (the day after Kirk was killed)."
Prosecutors say Twiggs' statements will include: that Robinson killed Kirk; that Robinson hid the weapon allegedly used; that Robinson got rid of the clothes he was wearing after he allegedly shot Kirk; "and that he told Mr. Twiggs not to speak to law enforcement. Most of these statements were through electronic messages from defendant, and one came from a handwritten note," according to the court filing.
The next hearing in the Robinson case is scheduled for Monday. At that time, 4th District Judge Tony Graf is expected to announce his decisions on whether the Utah County Attorney's Office should be held in contempt of court, and whether hearsay evidence will be allowed at the preliminary hearing.
