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- en
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- scrappa
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- 2026-10-22 20:42
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We're going back on the record in case 25143576, State of Utah versus Tyler James Robinson. I note the presence of council that previously entered their appearances. Uh we have come out of the closed session and concluded that business. However, uh the court became aware of an event that happened before And my understanding was during the open uh portion of this hearing earlier that there was a violation of the standing decorum order as it relates to transmission of these proceedings. Uh, I want to hear from councel and and then I will make a ruling concerning that uh shortly thereafter. Miss Visser. >> Thank you, your honor. Um, I'm referring specifically to rule of judicial administration 4-41.01. Um, this gives the court discretion to terminate or suspend electronic media coverage at any time without prior notice. If the judge makes particular findings and that the specific circumstances warrant it, um it is our position, the defense position that there has been a violation of the decorum order. It is our understanding that those live streaming this uh signed and declared that they would follow the decorum order and they violated it. So we are requesting a sanction. We believe these court's orders are binding and they need to be respected. Um, we also believe that it threatens my client's right to a fair trial. It's the whole reason we filed a motion in the first place to remove his shackles. It's our understanding that his shackles are visible. It is also our understanding that potentially some audio from council table was heard. Um, we are definitely taking more measures on our own to en sure that that does not happen again. But there has also been some filming of computers and materials at council's desk. That's entirely inappropriate and I think everybody in this room will agree that's entirely inappropriate. So we are asking for some remedial measures here. We're asking for it to terminate for today. Um and we can proceed after that. >> Thank you, Miss Visser. to this state. >> Your honor, uh the state as stated earlier, we uh believe that the court's order was very clear and uh if there's been a violation of that order, then we agree that there needs to be some measure taken. Um we'll leave it to the court to decide the appropriate response that violation, but we agree that any violation of the court's order needs to be addressed. >> Thank you, Mr. Ballard. To the press, attorneys for the press. Your honor, Jeff Hunt for the media interveners. This is the first time that we've heard about the violation. We've not had an opportunity to look at the video or investigate the audio or look at the the capture of the computers, but filming of the uh the inadvertent filming of the shackles. I did talk to the pool photographer. My understanding is that there was a zoom out shot that did inadvertently show the shackles. That was improper. Uh that was inadvertent. Um and we apologize for that. Um they've taken measures to make sure that the pool video that is disseminated to the rest of the pool does not contain any capture of the defendant in the shackles. Um, we can't do anything about the live stream of course, but we can control what the rest of the video is that we capture and disseminate. So, that is being done. The audio for council, my understanding is the only audio that they picked up was from council's microphones. I don't have any further information about that and whether that's a violation. Filming of the computers is not a violation of the decorum order. If you if the if the capture can show the document that council is looking at then that is a potential violation. So I just don't know how much detail the shot is that that is the of concern to the court. But I'll just I'll just say that we reiterated as soon as I heard this from Mr. Ballard uh with the pool uh representatives that this is very important to follow to the letter the court's EMC order. They understand their obligations. They take that very seriously. They're not perfect. Mistakes happen. We're trying to correct as much as as we can on that. Uh but we think termination is not an appropriate remedy. an admonishment from this court, a reminder that they need to follow to the letter the court's EMC order is appropriate. That's the message that council has delivered uh to the media representatives and and the pool operatives and we think uh that is the appropriate remedy. >> Thank you. Thank you. I just want to make it clear, we're still receiving messages that shackles can be seen on the live stream um as we restart it. So, it's still a problem. >> Thank you. I appreciate all parties weighing in on this important matter and I I find that there was a violation of the standing decorum order that was in effect as of October 30th, 2025 based off what's been profered as well as the EMC order signed by the court. As previously stated by Miss Visser, the court does have discretion in determining whether to terminate uh the broadcast of these proceedings and again if there's specific circumstances uh warrant such action that the court would need to make findings in order to do so. I find that excluding the court the cameras from the courtroom uh would be disproportionate for this hearing. I find that giving uh making it very clear first that the transmission cannot begin until court is in session and must end uh before as the court ends the session and cannot be filmed before or after. Uh the filming of as previously stated in the decorum order and EMC must be followed to the letter. The sanction uh for today uh is that this qu camera will be relocated away from the fence table to uh to where the baiff is. Mr. U where Jeff is standing over here. I want to immediately address any possible transmission of shackles as previously stated by council and uh remove the possibility of capture of screens of the computers at defense council's table as well. In addition, if there's further violations of the standing decorum order, this court does have the right and will exercise termination of broadcast of these proceedings. And and I I simply want to put all parties on notice to the press, to all parties, that this court takes this very seriously. While the court believes in openness and transparency, it needs to be balanced with the constitutional rights of all parties in this case. As such, we will take a brief recess to allow the relocation of the camera and to the place indicated by the baiff and then we will resume uh these court proceedings. Uh I am anticipating this take perhaps five minutes. >> All right. and then we'll come back on the record and handle the remaining of this hearing. I appreciate the patience of parties as we move forward. We are are trying to do the best we
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