On Monday, Charlie Kirk shooting suspect Tyler Robinson appeared remotely in court, and his attorney said he will not waive his right to a preliminary hearing at this time.
In that hearing, a judge would decide if the prosecution had shown probable cause that Robinson murdered Kirk, a widely known conservative political activist, as he spoke at Utah Valley University.
Due to what the prosecution described as a “substantial amount of discovery in this case,” Robinson’s defense said they will need some time to prepare for such a hearing and could decide in the future to waive Robinson’s right to that hearing.
Within the next week, prosecutors will share with the defense the information they used to charge Robinson. His defense team said that until they get that and can “get our heads around what exactly we are dealing with,” they don’t know how long they would need.
While Robinson was originally slated to appear in person for his second court hearing in Provo, prosecutors announced over the weekend that he would instead appear remotely from the Utah County Jail. A court spokesperson said it was a request from the defense.
The brief hearing’s purpose was to ask Robinson if he would waive his right to a preliminary hearing and schedule future court dates. Utah’s state court system gives those accused of crimes an option to waive their legal right to a preliminary hearing and instead schedule an arraignment where they can enter a plea.
Fourth District Court Judge Tony Graf said the next hearing will be on Oct. 30 at 10 a.m. Robinson is expected to appear in person. It will be another waiver hearing.
Unlike the first hearing, the court did not display a video of Robinson, but a voice from the jail said Robinson was present on the video feed — it was unclear whose voice that was.
All of the attorneys in the case were present. There was heightened security at the Provo courthouse in light of Robinson’s hearing.
Kathryn Nester, Robinson’s newly appointed public defender, was assigned after Graf found that he did not have the financial means to afford legal representation. That means Utah County is footing the bill for both the prosecution and defense.
The Utah County Attorney’s Office has indicated that it intends to seek the death penalty if Robinson is convicted. The appointed defense lawyer had to be qualified to handle that.
Nester, of the Salt Lake City-based firm Nester Lewis, has worked as a trial lawyer in both state and federal courts for the past three decades. Her focus is on criminal defense, and she has worked as counsel in nine murder cases, according to court filings. She currently represents Kouri Richins, who is accused of fatally poisoning her husband. Richins later wrote a children’s book about grieving the loss of a parent. Nester previously headed the federal public defenders’ offices in both Salt Lake City and San Diego.
According to court documents, Nester’s co-counsel will be Richard Novak and Michael Burt, two California lawyers with significant experience working as defense attorneys in death penalty cases.
In Robinson’s indictment, prosecutors cited as evidence text messages, allegedly between Robinson and his roommate, in which he appears to confess to the killing. They also detailed evidence from the crime scene, the suspect’s apartment, and police interviews with Robinson’s parents. Police say the parents and a family friend, who is a retired law enforcement officer, played a key role in convincing Robinson to turn himself in about 33 hours after the shooting.
Due to the mounds of discovery the defense still has to sift through, Nester asked the judge to delay a potential detention hearing, where Graf would determine, after hearing arguments, whether Robinson stays in jail while his case is pending. Nester said the defense is not in a position to be able to make an argument.
Before closing out the hearing, Judge Graf gave a speech about justice and said it will never be compromised in his courtroom. Robinson’s constitutional rights will be protected at every stage of the proceedings, he said, and at the same time, victims will be treated with fairness, respect and dignity.
“I remain steadfast in my oath that I made 56 days ago to support and defend the constitutions of the United States and of Utah,” Graf said, who was appointed to the bench this year.
“I encourage each of you to give your very best to this case,” Graf said to the attorneys. “Neither Mr. Robinson or the people of Utah deserve anything less than the fair and impartial administration of justice.”
Prosecutors charged Robinson with aggravated murder, felony discharge of a weapon causing serious bodily injury, two counts of obstruction of justice, two counts of tampering with a witness and one count of a violent offense committed in the presence of a child. The aggravated murder charge is the one that could potentially lead to the death penalty.
Kirk’s political organization, Arizona-based Turning Point USA, brought young, evangelical Christians into politics through his podcast, social media and campus events. Many prominent Republicans are filling in at the upcoming campus events Kirk was meant to attend, including Utah Gov. Spencer Cox and Sen. Mike Lee at Utah State University on Tuesday.
The Associated Press contributed to this report
