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2026-10-22 20:44
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Court is now in session. >> Council, if you could enter your appearances, please. >> Your honor, Christopher Ballard, Ryan McBride, Chad Grunander, and Lauren Hunt on behalf of the state. >> Good afternoon. >> Good afternoon, your honor. Kathy Netor, excuse me, Richard Novak, Stacy Visser, on behalf of Mr. Robinson. >> Good afternoon. >> Good afternoon, your honor. Jeff Hunt and David Ryman appearing on behalf of the media intervenors that are identified in our motion papers. >> Good afternoon, >> Michael Jud, your honor. Parsons Bailey and Latimer on behalf of another set of media interveners also identified in the in the brief. >> Good afternoon. And I recognize Mr. Robinson in the courtroom as well. Good afternoon. And to further the benefit the record, calling case 25143576, State of Utah versus Tyler James Robinson. Council, as we're moving forward today, I want to give an an overview of what we anticipate doing. And it comes down, we're addressing three issues. The first is the October 14th, 2025 audio recording of the closed hearing and the October 24th, 2025 transcript of that hearing. The second is the state's motion to amend or clarify the publicity order commonly known or referred to as the gag order. And finally, the motion for limited intervention and request for notice of motions to close, seal, or reclassify um and which has been filed by the media organizations and by council who are present today. So as we begin the first part is we'll begin by addressing the October 14th audio recording and the October 24th transcript. This portion of the hearing will be closed so that I may hear from the parties regarding which portions of the recording uh the record should remain sealed. All members of the public and the press will be excused and the hearing will not be broadcast. This is because I need to hear what should or should not be uh sealed or protected. And it would uh not benefit to have everyone listen to what should be sealed. And so after I've heard argument, we will invite all parties or the public and the media to come back in and the hearing will resume transmission. We will then take up the motion for limited intervention followed by the state's motion to amend or clarify the publicity order. These portions, the last two portions will be open to the public and to the press. After hearing argument on all three matters, I will take a brief recess and then return to issue my ruling today. We will then stand in recess. So, at this point, we'll go ahead and excuse the public and the media. And it is the court's order that transmission be terminated temporarily. Your honor, I we have one request with respect to the closed hearing. May I be heard on that? >> Uh yes, councel. >> Thank you. Richard Novak for Mr. Robinson. Um Mr. Robinson has some immediate family members who are present, his father, his mother, and his brother, and we would ask the court to permit them to remain in the courtroom during the closed portion of the hearing >> to the state. My only concern with that, your honor, is that we're going to be talking about court security measures and um I don't know that we'll have to go into a lot of detail about that, but I do have concerns about uh those issues being discussed in public. >> Mr. Novak, do you have authority that supports allowing them to remain in a closed hearing? >> Uh, no. I think it's subject to the court's discretion to decide who is and is not an appropriate member of the public. Um I think they have a unique relationship with Mr. Robinson and they're they um would certainly abide by any orders the court makes concerning um disclosure of what is discussed in closed session, but obviously it's up to the court. >> Thank you, Mr. Novak. I'm going to rule that uh they will be excluded as well. It is just given the nature and the sensitivity of it. I believe it is appropriate to treat all parties in all in the public equally. Though I do recognize uh their relationship with Mr. Robinson. Thank you for your request. All right, we will go into the close session. Thank you.
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