Cameras will be allowed to stay in the courtroom throughout the trial of Tyler Robinson, the 23-year-old accused of assassinating conservative activist Charlie Kirk.
Utah 4th District Court Judge Tony Graf delivered the rulings on Friday after months of debate between the Utah County Attorney’s Office and Robinson’s defense team. Graf also granted the defense’s request to delay Robinson’s preliminary hearing from May 18 to July 6-10.
Robinson is charged with seven counts, including aggravated murder, obstruction of justice and witness tampering.
The Utah County Attorney’s Office said it would seek the death penalty in the case.
Robinson has yet to enter a formal plea in the case which continues to draw national attention at each step.
Judge: Delaying the hearing is neither ‘unexpected nor unreasonable’
The FBI and state investigators have provided the prosecution and the defense with 12 terabytes (12,000 gigabytes) of information on the case. That amount of storage is enough to hold 3 million high-resolution photos.
Graf referenced the large quantity of material, saying, “Given the volume of discovery, the request is neither unexpected nor unreasonable.”
The defense attorneys estimated that they would need hundreds of hours to conduct a comprehensive review.
However, “additional delays impose real burdens on the parties, the victim representative and the public’s interest in the timely administration of justice,” Graf said. Kirk’s wife, Erika Kirk, is recognized by the state of Utah as victim representative in the case.
A July preliminary hearing date “balance(s) the constitutional rights of Mr. Robinson and Mrs. Kirk,” Graf said.
Graf establishes new requirements for media coverage
News outlets will continue to be allowed to film, photograph and livestream Robinson’s murder case with previously granted restrictions.
Cameras must be placed at the back of the courtroom, and the media is barred from photographing Robinson’s shackles, his family or him entering or exiting the courtroom.
On Friday, Graf also established new requirements for media interested in covering the case.
News reporters will be required to file requests for coverage at least 14 days before the scheduled proceedings. If the prosecution or defense wants to fight a media request, they must file a motion no later than 10 days before the proceeding.
“For those who cannot physically occupy the limited space available in a courtroom, livestreaming in particular allows as many people as are interested to observe the justice system at work and hold our branches of government accountable to the guarantees of due process,” Graf said.
In an April hearing, the defense alleged that media coverage was not balanced to this point. The defense requested a California-based trial consultant, Bryan Edelman, to conduct a telephone survey of 200 people in Utah County about their consumption of media coverage in this case.
Edelman found that 99% of those surveyed recognized the case, and 64% believed Robinson was guilty based on what they have heard, read or seen in the media.
However, only about 25% watched the court’s livestream. A majority consumed media commentary of the livestream over social media or local TV.
Graf referenced Edelman’s findings. “The commentary from established news media does not provide a neutral summary of court proceedings. ... As a result, viewers are led to believe that the comments made out of the court, such as the comments about an admitted evidence, are made during a court hearing and part of the criminal case,” he said.
Commentary on the trial “is used as entertainment, sensationalism and commercialization, rather than to educate the public on what is occurring,” Graf recounted of Edelman’s conclusion.
The media and the public have a constitutional right to access criminal proceedings. The media “does not have a constitutional right to photograph or video record public hearings and trials,” Graf said.
However, Graf ruled that still and video cameras will continue to be allowed in the courtroom with Robinson throughout the case.
The next hearing is scheduled for May 18 at 9 a.m.