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PROVO, Utah — In a significant development for a high-profile case, a Utah judge ruled on Monday that both reporters and the public will be permitted to attend a pivotal hearing involving the man accused of murdering Charlie Kirk. This decision comes after the defense’s request to limit access was denied.
The defense team for Tyler Robinson had appealed to Judge Tony Graf to close off parts of the preliminary hearing scheduled for July 6-10. During this hearing, prosecutors are required to demonstrate sufficient evidence to proceed to trial. This will represent the most comprehensive presentation of evidence thus far in a case that has largely revolved around issues of media access.
Judge Graf, in his ruling, emphasized, “The public and the media enjoy a presumptive right to access court proceedings, including preliminary hearings.” He further noted that the defense had not provided adequate reasoning to suggest that public presentation of the evidence would compromise Robinson’s right to a fair trial.
Robinson’s legal team has expressed concerns about media coverage, arguing that it occasionally mischaracterizes their client. This case has garnered significant public interest, with Robinson, a 23-year-old from southwestern Utah, facing charges of aggravated murder for the September 10 killing of Kirk on the Utah Valley University campus.
If convicted, prosecutors plan to pursue the death penalty for Robinson. As of now, he has not entered a plea.
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Prosecutors argued that the preliminary hearing should remain open, but they agreed with the defense that media should be limited from viewing or copying some exhibits that could be used in a future trial. They plan to introduce forensic analyses, surveillance video, recordings of witness statements, autopsy findings and alleged messages from Robinson admitting to the crime.
Authorities have said DNA consistent with Robinson’s was found on the trigger of the rifle used to kill Kirk, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle. Prosecutors also have said Robinson left a note for his romantic partner that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it.”
Graf also granted defense attorneys’ request for a hearing on June 12 in which they will argue that prosecutors should be punished for comments they made in the media. Robinson’s lawyers have said one prosecutor, Christopher Ballard, essentially went on a “media tour” in which he made “expressions of opinion as to Mr. Robinson’s guilt.”
Prosecutors responded to the claims last month, saying Ballard had a right to correct misinformation in the media about an inconclusive, preliminary finding by ballistics experts, which led to speculation about Robinson’s possible exoneration. They said Ballard did not make any statement of opinion about guilt.
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