The judge overseeing the case against Tyler Robinson, who is accused in the murder of Charlie Kirk, appeared to hand prosecutors two significant victories during Monday’s hearing.
Fourth District Judge Tony Graf denied the defense’s motion to prevent the state from using reliable hearsay at the upcoming preliminary hearing that is scheduled for July 6-10. Robinson’s attorneys had argued that allowing the prosecution to establish probable cause through hearsay violates Robinson’s constitutional rights.
But Graf ruled that their concerns are not warranted for a preliminary hearing.
“A defendant at a preliminary hearing faces only a probable cause determination that is subject to a significantly lower burden of proof, whereas at trial, that same defendant faces a determination of his guilt or innocence that must be established beyond a reasonable doubt,” Graf said in court on Monday.
He also cited Article I, Section 12 of the Utah Constitution and Rule 1102 of the Utah Rules of Evidence, which permit prosecutors to use reliable hearsay evidence during preliminary hearings.
Another action that Graf addressed is the defense’s motion to subpoena Lance Twiggs, Robinson’s roommate, who prosecutors say had a romantic relationship with the defendant.
Prosecutors intend to rely on a recorded interview with Twiggs and other evidence rather than call him as a live witness. The defense filed a motion seeking to have Twiggs testify in person so they could cross-examine him, but Graf denied the motion without prejudice.
“If the state’s presentation materially differs from the proffer presented before the court, or if defendant can identify specific testimony reasonably likely to negate probable cause, defendant may renew the request, and that is the order of the court,” he said.
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.
Rulings expected on Friday
Graf said he was not ready to rule on two remaining issues and would do so in a virtual hearing on Friday.
The first issue is whether or not the prosecution violated a publicity order. Because of recent filings, Graf said he would need additional time to make a decision.
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 previously 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.”
The second matter pertains to media access in the courtroom and whether electronic media will be allowed. The defense recently filed a motion arguing that if allowed, it will “prejudice the right of the parties to a fair proceeding,” per the filing.
Robinson’s defense has already appealed Graf’s decision allowing cameras at the preliminary hearing to the Utah Supreme Court and asked the court to pause the case while it considers whether to take the appeal. His defense then filed a separate request urging the justices to expedite their review because the preliminary hearing is approaching.
Though Graf said the preliminary hearing would remain open to the public — but that no electronics would be allowed for spectators or media — the state said it would continue to fight for transparency in the courtroom.
At the conclusion of the hearing, the defense asked Graf to resolve any potential objections to seven forensic experts they plan to have travel from out of state and have testify. Graf said he would try to address the issue before July 6.