When capital punishment is on the table, and people are cooperating, but you're in a state where pursuing the death penalty is politically unpopular, the state prosecutor would likely be swayed by an early plea deal offer to not pursue capital punishment.
3/15
But, that hasn't happened yet, and MAGA is desperately trying to make it a federal case (via hate crime or RICO claims) in order to ensure that no plea deal can be reached at the state level.
But a good defense attorney, is going to see a few things:
1) The crime scene was deeply compromised
People were stealing hats and walking in and out of the crime scene for more than 30 minutes after the shooting.
5/15
2) It took police about 40 minutes to formally lock down the campus, supporting point #1, and the temporarily arrested another man who had shouted "he had done it"
(The man is mentally unwell and known as a local trouble maker but it still muddies reasonable doubt for a defense attorney)
6/15
3) Kirk was transported in a private vehicle to the hospital, and so chain of custody will absolutely be argued here, as its likely he was already deceased.
7/15
4) False reports by unknown individuals tried to paint a political picture of Robinson in the news - this ones a long shot, but defense will ask *every* potential juror if they had seen this claim about a friend who said he was a leftist, and try to claim mistrial due to bias public perception
8/15
5) Law enforcement leaked, overembellished and attempted to paint a specific narrative from the start, so defense will argue how can you trust any of their evidence.
To make their case that the FBI was trying to push this politically, they may even take a really rare step in seeking to subpoena communications between the FBI and the Press to show intent.
10/15
And, if Kash does try and push for the federal case, even in front of a friendly judge, they then have to climb the high bar of either proving hate crime or RICO, which basically need written proof or recorded audio.
11/15
Kash was slow, only got this kid because his family turned him in, and put out mixed narratives for a political cause in the court of public opinions.
That is the kind of stuff that tanks a trial.
12/15
They already would have had a hell of a hard time getting a young Mormon guy given the death penalty in the most heavily Mormon district in Utah, and now they may have a struggle to even get a conviction if he doesn't cooperate.
You have to remember, in our legal system, it's the job of the defense attorney to either defend your innocence (or at least get the death penalty off the table) no matter what.
Even if you did it.
And so if you can win on a technicality - you bet your ass they'll try.
14/15
In a case like this, I would have expected that the shooter would be cooperating already and seeking a plea, or making the argument that their cooperation merits not pursuing the death penalty.
The fact they aren't is telling.
15/15
And I assume it's because some experienced (likely Mormon) defense lawyer saw a high profile case, and saw Kash over here dropping the ball and went "yeah, that's a shoe in"
It's another reason why we don't put inexperienced partisan hacks in charge of things.
PS - and lets be clear, I'm not saying he will get off with this crime, nor that he should.
I'm just saying any defense worth their weight in salt sees Kash's screw ups have left a massive opening that they'd be foolish not to try for, and that's likely the only reason that he'd be not cooperating when the death penalty is on the table - because capital punishment changes the game plan a lot!
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Discord had already discredited the statements that Tyler planned the attack with leftist groups or his roommate on Discord.
3/13
But, when police first released the images of a suspect, one of Tyler’s group chat with gaming friends from back in highschool messaged him, and he replied - AFTER the shooting.
The arrows and ironsights on the bullets are different from the messages on the casings, and it’s now clear how the reports got mixed up and why we shouldn’t have had partial reports
This guy was clearly a Groyper who thought Kirk “wasn’t conservative enough”
Here is info about the Groypers.
Far right ultra-white-nationalists, ultra-Christian, who didn’t think Kirk was “conservative enough” and are extremely anti-gay.
They call all media they hate fascists and globalists.