Tyler Robinson - Defense Motion to Preserve Bullet Jacket Fragment from Further Testing
Defense motion asking the court to bar any further testing of the single bullet jacket fragment recovered at autopsy and to let a defense expert examine and photograph it first. The defense contends the fragment is material exculpatory evidence under California v. Trombetta and that the State’s planned FBI Virtual Comparison Microscopy could alter it.
Key excerpts
Page 2
“Defendant, Tyler James Robinson, by and through undersigned counsel hereby moves the Court for a temporary order prohibiting the State and its agents from conducting any further testing of one bullet jacket fragment pending the outcome of this motion.”
Page 5
“The Exhibit 6A bullet jacket fragment could not be identified or excluded as having been fired from the Exhibit 1 rifle based on an agreement of all discernible class characteristics and neither sufficient agreement nor sufficient disagreement of individual characteristics. The result of the comparison was inconclusive.”
Page 6
“The bullet jacket fragment evidence in this case is material exculpatory evidence within the meaning of Trombetta, and not merely “potentially useful evidence” within the meaning of Youngblood.”