The prosecution’s case against Charlie Kirk’s alleged assassin could be flawed, a top Utah attorney has revealed. 

Skye Lazaro outlined flaws in the prosecution’s case against accused killer Tyler Robinson as she warned there is still, ‘so much we don’t know yet’.

Robinson, 22, is accused of murdering Kirk with a single bullet to the neck as he spoke to a crowd at Utah Valley University last month.

There has been increasing pressure on both prosecutors and Utah Governor Spencer Cox to consider the death penalty, particularly after they consistently assured this course of action following Robinson’s arrest.

Nonetheless, Lazaro, a well-known lawyer from Salt Lake City’s Ray Quinney & Nebeker, raised concerns about the timeline involving Robinson’s supposed interaction with a police officer at the crime scene’s perimeter after the incident occurred.

Authorities stated that he returned to the area several hours post-incident, at which point he reportedly ‘made contact’ with an officer before escaping 250 miles south to his residence in St George, where he managed to avoid arrest for nearly two days.

But the authorities have not revealed exactly when this alleged encounter took place. 

‘If it doesn’t line up in a way that makes sense, it could definitely be bad for them,’ Lazaro told Fox News.

Charlie Kirk was killed by an assassin’s bullet as he answered a question during an event at Utah Valley University last month

Top attorney Skye Lazaro warned the prosecution has holes in its case surrounding the timeline of events around his killing

Robinson allegedly told an officer he needed to retrieve something he’d left near a nearby parking garage, but authorities didn’t find it suspicious, as thousands had dropped things while fleeing in panic. 

The FBI reported that a ‘high-powered bolt-action rifle’ was later found in a wooded area, wrapped in a towel, with a spent cartridge still in the chamber.

But Lazaro also warned that if the officer who crossed paths with the alleged killer didn’t turn on his bodycam, it could give Robinson’s defense a key opportunity to challenge the investigation. 

She also pointed out that text messages between Robinson and his transgender partner Lance Twiggs do not have timestamps, which could prove problematic. 

In the texts, the suspect allegedly confessed to the murder, revealing key details about both planning and carrying it out.

Robinson allegedly instructed his romantic partner to check under his keyboard, where a note reportedly read: ‘I had the opportunity to take out Charlie Kirk and I’m going to take it.’ 

Tyler Robinson, 22, is accused of murdering Kirk with a single bullet to the neck last month

Authorities said he returned to the crime scene after the shooting and had an encounter with a police officer

‘What?????????????? You’re joking, right????’ Twiggs responded.

Robinson said back: ‘I am still ok my love, but am stuck in orem for a little while longer yet. Shouldn’t be long until I can come home, but I gotta grab my rifle still. To be honest I had hoped to keep this secret till I died of old age. I am sorry to involve you.’

An apparently panicked Twiggs responded: ‘You weren’t the one who did it right????,’ to which he said back: ‘I am, I’m sorry.’

But while the investigation continues, Lazaro noted that more details from the texts could further damage Robinson’s defense.

‘A lot of times, what you can get when you subpoena cellphone records are where messages were sent from,’ she told Fox, noting that location data could be crucial in proving the prosecution’s allegations.

If the subpoenas show the messages were sent from his phone in Orem and received at his partner’s home in St. George, it would help create a timeline that aligns with the prosecution’s story. 

‘The defense is going to want to get, going to wanna see, and probably spend a lot of time, whether they get their own forensic expert to analyze it or do it themselves, to really piece together a timeline,’ Lazaro added. 

Lazaro suggested that crucial texts purportedly showing Robinson confessing could be problematic as they don’t have time stamps

However, she acknowledged that Robinson’s defense is still expected to aggressively challenge the state’s case.

‘It could come out that those aren’t as damaging as they sound,’ Lazaro told Fox. 

‘You have to keep in mind, when the government writes a probable cause affidavit, it’s their greatest hits that they have in the moment.’

But the ongoing gaps in the story have ultimately sparked massive online speculation.

‘There are some conspiracy theories about… somebody else wrote the text messages or something was planted,’ Lazaro told the outlet.

‘As a defense attorney, unless you absolutely know and can prove that something like that happened, that’s not the greatest defense, right?’ she added. ‘I think you tend to lose credibility unless you really can substantiate it.’ 

The discovery process got underway Monday, with prosecutors given just five days to hand over initial evidence – while Robinson’s team has already delayed his waiver hearing by a month, as reported by Fox.

And although the Justice Department has yet to file any federal charges, they could still be coming. 

The .30-06-caliber bolt-action hunting rifle recovered near the scene of Charlie Kirk’s fatal shooting

If convicted for Kirk’s murder, Robinson could face the death penalty

Robinson’s public defender, Kathy Nester, asked the court for more time to decide if he will push for a preliminary hearing – a session where prosecutors must prove there’s probable cause before the case can proceed. 

With the initial charging papers offering little, Robinson’s lawyers plan to dig for evidence through discovery and witness testimony, though a preliminary hearing to review it could still be months away. 

While the defense is unlikely to get the case tossed at this stage, a preliminary hearing could give them a key chance to cross-examine witnesses and challenge their credibility before trial. 

In Utah, preliminary hearings for serious felonies can be delayed for months, sometimes up to a year, Lazaro told Fox.

She noted that since Robinson is charged with aggravated murder he could be given the death penalty if convicted.

Robinson’s next hearing is set for October 30 in Provo, but Lazaro expects his defense to request another delay.