“Last week, there was much ballyhoo online about a defense filing that took place in the Tyler Robinson case,” Posobiec said. “It went hyper-viral because of a completely out-of-context defense claim made by the Daily Mail. It was ridiculous. It was community noted. And many people shared it without any real, you know, any real critical thinking.”
He explained the controversy stemmed from defense claims about a ballistics report. “Anyone who thought about it for two seconds when they were making this question about the claims regarding the ballistics report in Charlie's murder, they didn't actually look into what the article itself said or what the report itself said. Well, that was from the defense side.”
Posobiec noted that prosecutors have responded forcefully. “They’re pointing out that once again, these are delay after delay after delay tactics, not only in the case itself, but in the preliminary hearing, which is set to take place just a little over one month away,” he said. “Tyler Robinson has not even had to plead guilty or not guilty. He hasn't even entered that formal plea yet.”
Chamberlain added context on what the preliminary hearing entails. “They're not trying to delay the trial in the motion itself. They're trying to delay a preliminary hearing where there's a question of whether there's probable cause,” he said. “At the preliminary hearing, all the evidence that the prosecutors present is evaluated in the most favorable way to the prosecution, because the idea is, can we even go forward with a case at this point?”
The two discussed delays surrounding expert discovery. Chamberlain said, “Well, that’s bogus. Expert discovery is one of the last things that you handle in either civil or criminal discovery. And it certainly, in the criminal context, doesn’t get completed before you can have a preliminary hearing, because all you need to do is, it’s the same, probable cause is the same thing you need to arrest somebody.”
Posobiec explained how the ballistics report delay came about. “They said, oh, well, the ballistics. We haven't been able to get a match yet between the rifle and the bullet fragment that was recovered during Charlie's autopsy. Well, as it turns out, further testing hasn't been able to occur because of a delay in the case of the bullet fragment that was caused by the defense's own objection in the first place,” he said.
Chamberlain emphasized that the defense has received all available evidence. “There's no prejudice. And the final point I'll make before I'll let you get back to this, if the defense really had some gotcha piece of evidence… if that was really dispositive, they would be rushing to trial. But they don’t have that. They’re just throwing stuff out randomly to the media to create doubt.”
Posobiec said the case shows a clear pattern. “They’re also trying to delay, delay, delay what they see, I’m sure, as an inevitable outcome here,” he said.
Chamberlain concluded by pointing out the prosecutors’ strong footing. “Given the enormous weight of evidence they were able to uncover, even within 48 hours, they clearly have probable cause to have a preliminary hearing.”
The preliminary hearing is scheduled for May 18




