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A former assistant U.S. attorney has suggested that Tyler Robinson’s legal team is not solely focused on the immediate outcomes of Friday’s court decisions, but is strategically preparing for a potential death penalty appeal. This approach remains pertinent regardless of the judge’s ruling on two significant motions related to the alleged assassination of Charlie Kirk.
Judge Tony Graf is scheduled to announce his decisions at 3 p.m. local time on Friday regarding two motions filed by the defense. The first motion requests a postponement of Robinson’s preliminary hearing, which is currently set for May 18. The second motion seeks to prohibit cameras from the courtroom during proceedings.
Neama Rahmani, a former assistant U.S. attorney who now practices as a criminal defense lawyer, shared with Fox News Digital that he perceives these motions as part of a broader strategy. The defense appears to be laying the groundwork for potential appeal issues.
“The defense team is likely contemplating that by raising these motions—whether to exclude courtroom cameras or to challenge the involvement of the Utah County Attorney’s Office—they’re setting the stage for appeal arguments,” Rahmani explained. “Even if Judge Graf dismisses these motions, they could still serve as points of contention for appellate judges at both the state and federal levels if Robinson faces the death penalty.”
Tyler Robinson, alongside his defense attorney Kathryn Nester, was present in 4th District Court in Provo, Utah, on April 17, 2026, for a hearing concerning the fatal shooting of Charlie Kirk. (Photo by Trent Nelson/The Salt Lake Tribune)
He said it’s more likely that Graf will rule to delay the preliminary hearing, but cautioned it may not be pushed back by six months, as Robinson’s attorneys are requesting.
“I think it’s more likely that the judge grants the defense request to continue the preliminary hearing. And this is why, if they did receive hundreds of thousands of documents recently and they need time to go through it, it is the defendant’s right to a speedy trial. And the defendant has the right to waive that right,” he said. “Now, six months may be excessive. Maybe the judge continues it to some later date, weeks or months out. But ultimately, if the judge refuses to grant that continuance, that creates yet another issue on appeal.”
Charlie Kirk speaks at Utah Valley University on Sept. 10, 2025 in Orem, Utah, shortly before his assassination. (Trent Nelson/The Salt Lake Tribune/Getty Images)
Robinson’s defense team in January filed a motion to exclude “television cameras and microphones, still photographers, radio microphones and other similar implements of the electronic or broadcast media” out of the courtroom. His defense team argued that “highly sensational” media coverage threatens Robinson’s due process rights and the ability to seat a jury.
Tyler Robinson appears in 4th District Court in Provo on April 17, 2026, during a hearing in the case involving the fatal shooting of Charlie Kirk. (Trent Nelson/The Salt Lake Tribune)
During an April hearing, social psychologist Bryan Edelman, a witness called by the defense, said news coverage of the assassination of Kirk and Robinson’s alleged involvement included “sensationalized” content.
Cole Christiansen, an investigator with the Utah County Attorney’s Office, argued that media coverage “went both ways” and wasn’t one-sided.
“I think the tone of it went both ways. I think some of the tone of it was negative toward the prosecution and some of it was negative toward the defense as well. Some of it was negative toward Erika Kirk, and some of it was negative toward Charlie Kirk,” he said.
“We strongly support open and transparent proceedings in this case, so that the public will trust the process here,” Deputy Utah County Attorney Chad Grunander said during the April hearing. “There are conspiracy theories that abound. There are questions being raised, and the best antidote for falsehood is the truth in accuracy. It’s the actual real proceedings. And that’s why we favor opening this court and allowing the cameras in the courtroom.”
Tyler Robinson appears during a hearing in 4th District Court in Provo on Tuesday, Feb. 3, 2026, related to the fatal shooting of Charlie Kirk. (Trent Nelson/The Salt Lake Tribune via Pool)
In late March, Robinson’s attorneys asked Graf for a minimum six-month delay for the preliminary hearing, arguing they aren’t capable of reviewing the “voluminous” files received by prosecutors for discovery, which isn’t yet complete.
Robinson’s attorneys said in an earlier filing that defense attorneys received more than 600,000 files from prosecutors during a meeting on March 12, which they say will take time to review. His defense team asked for a minimum six-month delay for the preliminary hearing, which is currently scheduled to begin on May 18.
Charlie Kirk spoke at Utah Valley University in Orem, Utah, on Sept. 10, 2025, during his “American Comeback Tour.” (Trent Nelson/The Salt Lake Tribune/Getty Images)
“Discovery in this case is incomplete, voluminous, and the processing of it is complex,” the defense team wrote.
One of the defense’s experts, a forensic biologist, said she would need six months to review the evidence.
Robinson faces multiple charges after he allegedly killed Kirk, who founded TPUSA, on Sept. 10, 2025, including aggravated murder. His charges are death penalty eligible.
Fox News Digital reached out to Robinson’s attorney.