Overview
- Robinson’s lawyers filed a 41‑page brief this week arguing the state did not meet the legal standard for the sole aggravating factor that would allow a death sentence.
- The defense says forensic and witness evidence from the July preliminary hearing shows one scoped rifle shot hit only Kirk and traveled above the crowd so no high probability of other deaths existed.
- Prosecutors previously presented DNA links to the suspected rifle, surveillance video tying a suspect to a rooftop perch, and alleged admissions that they say support the aggravator.
- The filing renews objections to the reliability of hearsay and chain‑of‑custody evidence, while social media conspiracy claims intensified after a newly filed parking‑lot video screenshot went viral.
- The prosecution has until Aug. 18 to reply and Judge Graf is due to rule on probable cause, bindover and the death‑penalty motion at a Sept. 1 hearing, with Robinson still facing aggravated murder charges if the case proceeds.