The man accused of assassinating Charlie Kirk, 22-year-old Tyler Robinson, appeared in a Provo courtroom on Thursday afternoon where the judge heard arguments on public access to the case.
Robinson was charged with aggravated murder and other charges after surrendering to the police on Sept. 11, a day after conservative activist Charlie Kirk was shot and killed at Utah Valley University in Orem.
Thursday marks Robinson’s first in-person appearance for a hearing open to the public in Utah’s 4th District Court.
Judge Tony Graf previously issued several media restrictions, including prohibiting any filming or photography of the defendant’s shackles. He also granted the defense’s request to allow Robinson to wear civilian clothing in the courtroom.
At the hearing, Graf weighed whether the transcript of an earlier hearing would be made public and whether cameras will continue to be allowed in the courtroom. Robinson’s attorneys argued that elevated media attention could interfere with the defendant’s right to a fair trial.
Deseret News, KSL and others are asking Graf to preserve media access in the case.
On Thursday, Graf did not issue a decision about what will be made public or whether cameras will continue to be allowed in the courtroom.
Camera is moved during hearing
Partway through the hearing, Graf addressed accusations that the media pool had already violated the decorum order.
“It’s our understanding that his shackles are visible. It is also our understanding that potentially some audio from a counsel table was heard,” Robinson’s attorney Staci Visser said. “There has also been some filming of computers and materials at counsel’s desk that’s entirely inappropriate.”
The judge closed the courtroom so the attorneys could discuss what could and couldn’t be shown to the public. After the public was invited back into the hearing, a brief recess was called so the livestream camera could be positioned on the other side of the courtroom, farther away from Robinson.
Parties go back and forth on media accessibility
Over the past three months, news surrounding Kirk’s assassination has been front and center in the media, and Robinson’s counsel expressed concerns that this could taint a potential jury.
“We don’t want the chaos that is out in the media in this courtroom. So whatever this court can do to prevent that is what we’re asking,” Visser said.
Michael Judd, an attorney for the media coalition, rebutted Visser’s concerns, arguing that the pretrial publicity order would be “an unlawful prior restraint on speech.”
Graf clarifies who is a ‘witness’
Since Kirk’s assassination was witnessed by the 3,000 people in attendance at his UVU event, and video of the killing was circulated online, Graf clarified in a ruling that the word “witness” in the publicity order “applies to all witnesses who are part of the prosecution and defense teams.”
Previously, the state was unclear on what information was to be given to future witnesses.
Graf ruled that it “does not regulate the behavior of any person who is not an attorney associated with this case,” he said. “In order to deter non-attorneys from making prejudicial statements, (Utah code) requires the attorneys to inform witnesses about the prohibitions in the publicity order. Informing witnesses about the prohibitions in the publicity order is a necessary step.”
Regarding the state’s motion to amend the gag order and the motion for limited intervention — which would allow the press to be notified of any motions to close, seal or reclassify case materials — Graf said he would review this request before the next hearing, which is scheduled for Dec. 29.
Graf recognized Kirk’s widow, Erika Kirk, as the victim representative in the case. She had previously filed for the designation through her counsel.
Erika Kirk has called for Robinson’s trial to be open to the public.
“There were cameras all over my husband when he was murdered,” she said during a Fox News interview in November.
“There have been cameras all over my friends and family mourning. There have been cameras all over me, analyzing my every move, analyzing my every smile, my every tear. We deserve to have cameras in there,” Kirk added.
Future hearings scheduled
Upcoming hearings in the case are scheduled for the following dates:
- Dec. 29 at 10 a.m. MST. Robinson is expected to attend remotely from his jail cell with the camera off.
- Jan. 16 at 1 p.m. MST. Robinson is expected to attend in person.
- Feb. 3 at 1 p.m. MST. Robinson is expected to attend in person.
- Potential preliminary hearing scheduled for May 18 to 21.
What is Tyler Robinson charged with?
Robinson is charged with six felony charges and one class A misdemeanor. Utah is pursuing the death penalty in the case.
His charges include:
- Count 1: Aggravated murder, a capital felony, that the defendant intentionally or knowingly caused the death of Charlie Kirk.
- Count 2: Discharge of a firearm causing serious bodily injury, a first degree felony. The defendant targeted Charlie Kirk because of political motives, knowing children would be present.
- Count 3: Obstruction of justice, a second degree felony, for moving firearm used in a crime.
- Count 4: Obstruction of justice, a second degree felony, for disposing of clothing he wore during the shooting.
- Count 5: Witness tampering, a third degree felony, directing his roommate to delete his texts.
- Count 6: Witness tampering, a third degree felony, for directing his roommate to stay silent.
- Count 7: Violent offense in the presence of a child, a class A misdemeanor.
Correction: An earlier version of this story said this was Robinson’s first in-person court appearance. He previously appeared in-person in a hearing closed to the public.