The FBI is continuing its own analysis of the ballistic evidence, according to court papers filed Friday by Robinson’s legal team.
Defense attorneys have requested a delay of a scheduled May 18 hearing, arguing they need additional time to review pending forensic results and other materials provided by prosecutors.
In their filing, Robinson’s attorneys pointed to the ATF findings as potentially significant for the defense.
“Regarding the firearm evidence, the defense has been provided with an ATF summary report which indicates that the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson,” the defense wrote.
They added that the defense may consider presenting expert testimony related to the findings. “The defense may very well decide to offer the testimony of the ATF firearm analyst as exculpatory evidence,” Robinson’s team wrote.
“In order to make this determination, it is necessary for the defense and its firearm expert to review the ATF case file and protocols relating to this examination, which have not yet been provided.”
Robinson, 22, is accused of fatally shooting Kirk, the co-founder of Turning Point USA, during a public event at Utah Valley University.
Prosecutors have charged him with aggravated murder, a charge that could carry the death penalty if he is convicted.
He remains in custody as the case moves forward. Robinson is scheduled to appear in court again on April 17, when his attorneys are expected to argue against allowing media coverage inside the courtroom, including recording and photography during hearings and trial proceedings.
The case continues to draw attention as investigators and attorneys review forensic evidence central to the prosecution and defense arguments.
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