For the Record · Point II of XVII

Unidentified Video

Defense argument against bind-over

In short

The video shows an unidentified person.

No clear face, scar, gait, or eyewitness ties the rooftop figure to Mr. Robinson.

Key hearing clips

Watch the Record

Each card opens the full Day 2 court video at the relevant moment on YouTube.

1:52:40 Defense cross-examinationRoof Video: No Distinguishing FeaturesMs. Nestor asks whether the rooftop video, standing alone, was distinguishable. Agent Hull answers: “It was not, no.” 37:00 Court clarificationNo Video Captures the Actual ShootingThe prosecutor tells the Court there is no video of the actual shooting and that the footage reaches only the moments before and after the assumed shot. 44:20 State’s surveillance compilationCampus, Rooftop and Exit SequenceAgent Hull narrates the surveillance compilation admitted as State’s Exhibit 12.4, including the campus approach, rooftop sequence and departure route.

Argument · 2 of 17

II. The Video Shows an Unidentified Person — Not Tyler Robinson

The State has repeatedly narrated its surveillance footage using Mr. Robinson’s name. But narration is not identification.

The charging document itself admits that the person:

kept his head down;
wore a hat and sunglasses;
rarely exposed a clear view of his face;
and moved through surveillance coverage while concealing identifiable features. Source: atty.utahcounty.gov

That is continuity. It is not identity. The footage may permit the State to follow the movements of a similarly dressed person between cameras.

The State did not produce:

a clear facial image from the roof;
a unique scar;
a tattoo;
a distinctive gait scientifically compared to Mr. Robinson;
a measurable physical characteristic exclusive to him;
a positive eyewitness identification of him on the roof;
or any witness who could identify distinguishing characteristics of the rooftop figure.

Even Twiggs, who knew Mr. Robinson intimately, was not presented as making an unequivocal identification from every significant image. The State’s method is to begin by labeling the person “Tyler Robinson” and then use that label as proof.

But the legal sequence must run in the opposite direction:

First establish identity. Then use the person’s movements as evidence.

The State instead asks the Court to accept:

The figure is Mr. Robinson because the State says the figure is Mr. Robinson. That is not identification.

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FBI-Released Rooftop Video & Person-of-Interest PhotosThe original Sept. 11, 2025 release — video of the figure jumping from the rooftop, plus the four still photos the FBI circulated before Mr. Robinson was identified. Opens on fbi.gov.