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In a high-profile case unfolding in Salt Lake City, the defendant accused of murdering Charlie Kirk is asking a judge to prohibit cameras in the courtroom, arguing that live broadcasts are jeopardizing his right to a fair trial.
Tyler Robinson is scheduled to appear in court on Friday as his legal team contends that media coverage is prejudicing potential jurors in his aggravated murder case.
One specific instance cited by Robinson’s attorneys involves a New York Post article that they claim wrongly implied Robinson had confessed to the killing. The article referenced a supposed confession made during a court appearance on December 11, derived from a “lip reading analysis” of an inaudible conversation with his attorneys, allegedly capturing Robinson saying, “I think about the shooting daily.”
In their motion to exclude cameras, Robinson’s lawyers argue, “The primary focus of the live stream coverage has shifted away from educational reporting to prioritizing advertising profits, sensationalism, political motives, and chiefly, the demonization of Mr. Robinson.”
Prosecutors are pursuing the death penalty for Robinson if he is found guilty of the September 10 shooting of the conservative figure, who was speaking to a large audience at Utah Valley University in Orem.
Robinson, who turned 23 on Thursday, has not yet entered a plea.
Media sensationalism around the case has cut both ways. In a March 30 headline, the U.K.-based Daily Mail reported the bullet that killed Kirk “did NOT match” a rifle allegedly used by Robinson. The story was based on an inconclusive, preliminary finding by ballistics experts and led to speculation about Robinson’s possible exoneration. The FBI is running additional tests, according to court documents.
Media organizations, prosecutors and Kirk’s widow, Erika Kirk, want the court to allow cameras. They argue the best way to guard against the misinformation and conspiracy theories that concern Robinson’s defense team is to make the process transparent.
Yet livestreaming by media outlets already has tested the patience of Judge Tony Graf.
During the December hearing, Graf briefly stopped the livestream and ordered the camera relocated after it showed the defendant’s shackles in violation of a courtroom decorum order.
Then, a January hearing was interrupted when Robinson’s attorneys said close-up shots of Robinson being livestreamed by a local television station could again lead to claims based on lip reading. That, too, was a violation of Graf’s decorum order. The judge ordered the camera operator not to film Robinson for the remainder of the hearing.
“The court can do all of that in order to try to control what gets fed into that media ecosystem,” Judd said. “You reduce the likelihood of somebody publishing things that you think may be of potentially biasing concern later on.”
Policies on cameras and livestreaming vary among states, and many including Utah give judges discretion over whether to allow cameras. Cameras are generally prohibited in federal courts.
“There’s Supreme Court precedent that says courts generally need to be open to the public, but that’s not an absolute right,” said University of Utah law professor Teneille Brown. “Even if they allow public access, that does not equal a right to broadcast or record.”
Robinson’s attorneys are seeking to delay his May preliminary hearing, when prosecutors must show that they have enough evidence to proceed to a trial.
Prosecutors have said DNA consistent with Robinson’s was found on the trigger of the rifle, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle. Defense attorneys note that forensic reports indicate multiple people’s DNA was found on some items, which they say requires a more complex analysis.
Robinson reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred,” prosecutors have said.
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Brown reported from Billings, Montana.