The judge overseeing the case of Charlie Kirk’s alleged assassin, Tyler Robinson, ruled on two issues, Monday morning.
Fourth Circuit Judge Tony Graf ruled that the upcoming preliminary hearing will remain open to the public, and set a separate evidentiary hearing to examine if the prosecution breached a court-ordered gag order.
During a hearing last month, Robinson’s defense argued that Utah County Attorney Jeff Gray and Deputy County Attorney Chris Ballard violated the publicity order in place by making comments to multiple media outlets, including Fox News, USA Today and TMZ.
Graf said the defense “made a sufficient preliminary showing under Utah law to warrant further proceedings,” but so far, “does not constitute a finding of contempt.”
He scheduled an evidentiary hearing for the already-set court date on June 12.
Both parties will be given 90 minutes to argue their sides.
Judge says hearing will remain open
The second matter Graf addressed was Robinson’s request to bar the public from all or portions of the upcoming preliminary hearing, currently set for July 6-10.
During previous hearings, the defense argued that having the public and press present could create unfair prejudice against their client, complicating the process of forming an unbiased jury.
Graf didn’t agree.
“The public and the media enjoy a presumptive right to access court proceedings, including preliminary hearings. A party seeking to close a preliminary hearing must show that adverse publicity traceable to the open hearing poses a realistic likelihood of prejudice to a fair trial to overcome this presumption,” Graf said in his ruling. “The party seeking closure must also show there are no less restrictive alternative means to ensure the integrity and impartiality of the jury. Public access to judicial proceedings also serves an important role in maintaining confidence in the fairness and transparency of the judicial process.”
“This court finds these showings have not been made here,” he said.
Although he denied the ruling, he agreed with both parties that the public and the media should not be allowed to inspect or copy exhibits introduced at the hearing.
Robinson, 23, is accused of shooting and killing Kirk on Utah Valley University campus on Sept. 10, 2025. He is charged with capital murder and faces a potential death sentence if convicted.
The next hearing is scheduled for June 12, where the contempt order will be further discussed and arguments on a defense motion concerning evidence will be heard.