A major new development has emerged in the murder case of conservative commentator Charlie Kirk, with defense attorneys asserting that the bullet recovered from his body does not match the firearm allegedly linked to the suspect, The Daily Mail reports.

The suspect, Tyler Robinson, 22, is charged with capital murder in connection with Kirk’s killing at Utah Valley University on September 10 and could face the death penalty if convicted.

In a new court filing, Robinson’s legal team stated that the Bureau of Alcohol, Tobacco, Firearms and Explosives was unable to connect the fatal bullet to the rifle authorities say was used in the attack.

They wrote that the agency ‘was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr Robinson.’

Attorneys for the defense are now seeking to use testimony from an ATF firearms expert as evidence supporting Robinson’s innocence. In a motion filed Friday, they asked the court to delay the preliminary hearing by at least six months, according to Fox News.

The filing also highlights the complexity of forensic evidence in the case, noting that DNA reports from both the FBI and ATF will require extensive analysis. According to the defense, multiple DNA profiles were found on certain items, complicating efforts to interpret the findings.

‘As these cases indicate, determining the number of contributors to a DNA mixture and determining whether the FBI and the ATF reliably applied validated and correct scientific procedures… is a complicated process which requires the assistance of various types of experts, including forensic biologists, geneticists, system engineers and statisticians, all of whom must review and evaluate’ several different categories, the filing states, according to Deseret News.

The attorneys added that they have received a massive volume of discovery materials, including around 20,000 audio files, videos, and documents submitted by prosecutors.

‘The defense team has devoted, and will continue to devote, significant resources, to processing discovery, including identifying materials not yet received to inform readiness for the preliminary hearing,’ the filing states.

‘However, the defense team is realistic and the comprehensive review required to determine what is missing will take hundreds of hours.’

They further argued that critical forensic materials have not yet been provided to them.

‘What is known at present is that Mr Robinson has not yet received the forensic case files and data necessary to investigate, through the use of qualified experts, the scientific reports the state intends to introduce at the preliminary hearing,’ the attorneys continued.

Defense lawyers and prosecutors previously met on March 12 to discuss the case.

Following that meeting, the defense said it expects prosecutors to present evidence in distinct categories through three law enforcement witnesses during the preliminary hearing.

‘This includes a conclusory forensic DNA and ballistic reports authored by the FBI and the ATF, social media data, testimony by law enforcement officers about the crime scene and search locations, and testimony by Mr Robinson’s parents and roommate’ as well as ‘a significant amount of hearsay’ from ‘non-testifying peace officers.’

Prosecutors allege that Robinson traveled approximately three hours from his home to the university campus with the intent of killing Kirk, who was 31 at the time.

Authorities say Robinson’s father, Matt Robinson, ultimately turned him in after recognizing a distinctive rifle in images released during the manhunt.

Investigators say the weapon had originally been given to Robinson by his grandfather.

After identifying the firearm, Matt reportedly texted his son requesting a photo of the gun, but Robinson was unable to provide one, police said.

Court documents also describe a series of text messages between Robinson and his roommate and partner, Lance Twiggs, in which the suspect allegedly discussed efforts to retrieve the weapon.

‘If I am able to grab my rifle unseen, I will have left no evidence. Going to attempt to retrieve it again, hopefully they have moved on,’ he allegedly wrote. ‘I haven’t seen anything about them finding it.’

Robinson also referenced trying to recover the gun from a “drop point,” but indicated the area was heavily secured.

‘I’m wishing I had circled back and grabbed it as soon as I got to my vehicle,’ he continued.

He expressed concern about what his father might do if the rifle was not returned.

‘I’m worried what my old man would do if I didn’t bring back grandpas rifle… idek [I don’t even know] if it had a serial number, but it wouldn’t trace to me. I worry about prints I had to leave it in a bush where I changed outfits. didn’t have the ability or time to bring it with.

The messages also reveal the suspect’s concern about being unable to account for the missing weapon.

‘I might have to abandon it and hope they don’t find prints. how …will I explain losing it to my old man… only thing I left was the rifle wrapped in a towel,’ he wrote.

According to investigators, Robinson instructed Twiggs to delete their messages and noted that his father was trying to reach him about the firearm.

Authorities say Robinson later admitted involvement in the killing to his father, who then alerted law enforcement and detained him until officers arrived.

Friends of Robinson told The Washington Post they were stunned by the arrest. While they said he would sometimes make remarks about political violence while intoxicated, they did not believe he was capable of carrying out such an act.

‘He loved his guns, he loved his beer, he hated the government. That’s the impression that I got,’ one friend said, describing Robinson’s personality.

The friend added that Robinson expressed opposition to both Democratic and Republican politicians and was not affiliated with any political party despite being registered to vote.

Robinson is scheduled to return to court on April 17, where attorneys will argue over whether cameras and microphones should be allowed during proceedings.

His defense team has previously pointed to the extensive media attention surrounding the case, noting that it reached the highest levels of government. President Donald Trump said shortly after Robinson’s arrest that he hopes ‘he gets the death penalty.’

Defense attorneys are expected to present material at the hearing that they say demonstrates ‘harmful and prejudicial media coverage of this case thus far.’

Kirk’s widow, Erika Kirk, has called for full transparency in the trial proceedings.

She has also publicly stated that she forgives Robinson for allegedly killing her husband.

{Matzav.com}