For the Record · Point XVII of XVII
Burden of Proof
Defense argument against bind-over
In short
The burden stays on the State.
The defense doesn’t have to solve the case to show it hasn’t been proven.
Argument · 17 of 17
XVII. The Court Must Not Reverse the Burden
The defense does not have to prove:
- who was on the roof;
- who handled the rifle last;
- whose prints were on the window;
- why Twiggs’s DNA was on the towel or screwdriver material;
- who authored the messages;
- whether Twiggs framed anyone;
- or what alternative sequence occurred.
Those questions remain the State’s burden. The defense is not required to solve the homicide to demonstrate that the State has failed to reliably identify this defendant.
The State cannot answer each gap by asking “then who else did it?” That question reverses the burden.
The proper question is: what reliable evidence proves that Tyler Robinson did it?