Lawyers for the man accused of killing Charlie Kirk urged a Utah judge on Tuesday to seal some evidence and bar reporters and the public from parts of a key upcoming hearing after the judge declined to ban news cameras from the courtroom.
Tyler Robinson's defense has argued that broadcasts of the proceedings create media frenzies that often misrepresent him and could bias potential jurors. They hope to restrict access to parts of his preliminary hearing, scheduled for July 6-10, during which prosecutors must show they have enough evidence to warrant a trial.
That hearing will mark the most significant presentation of evidence to date in a case that has focused largely on public access during its first eight months.
State District Judge Tony Graf said he will rule June 1 on whether to implement restrictions.
The defense began Tuesday by urging Graf to punish prosecutors for comments that one of them, Christopher Ballard, made outside of court. Richard Novak, an attorney for Robinson, said Ballard essentially went on a “media tour” in which he made “expressions of opinion as to Mr. Robinson’s guilt.”
Prosecutors responded that Ballard had a right to speak to reporters to correct misinformation about an inconclusive, preliminary finding by ballistics experts, which led to speculation about Robinson’s possible exoneration. “Here he was representing the true nature of that report," and did not make a statement of opinion about guilt, Deputy Utah County Attorney Ryan McBride said.
Graf didn't immediately decide whether to grant the defense's request for an evidentiary hearing on the matter.
Prosecutors intend to seek the death penalty if Robinson, 23, is convicted. He is charged with crimes, including aggravated murder in the Sept. 10 assassination of the conservative activist on the Utah Valley University campus. Robinson has not yet entered a plea.
Prior to his death, Kirk and the conservative youth movement he founded, Turning Point USA, emerged as a major force in U.S. politics and helped President Donald Trump win a second term.
As public attention has swirled, Graf has taken steps to protect Robinson’s rights in court, but earlier this month he declined to bar cameras.
Prosecutors said that during the July hearing, they plan to introduce forensic analyses, surveillance video, recordings of witness statements, autopsy findings and alleged messages from Robinson admitting to the crime.
Defense attorneys asked the judge in a motion to seal dozens of those exhibits to “prevent infecting the potential jury pool."
Prosecutors argued that the preliminary hearing should remain open, but they agreed that media should be restricted from viewing or copying some exhibits that could be used in a future trial. That could be solved by not displaying certain exhibits in view of the courtroom gallery, Deputy Utah County Attorney Chad Grunander said.
Prosecutors 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.” They have also said he wrote in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”
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.
Some evidence prosecutors plan to present in July is “reliable hearsay,” or statements made outside of court that are considered highly trustworthy, Grunander said. Such statements are typically allowed in preliminary hearings but not at trial, where standards are stricter.
Defense attorney Staci Visser said her team worries that the statements will spread widely, harm their client and then not be admissible at a trial.
Reliable hearsay is a staple of preliminary hearings, Grunander responded. Closing portions of the hearing because of it would essentially “swallow the constitutional rights that the public has to be here and to witness these proceedings,” he said.
This story was written by Hannah Schoenbaum of the Associated Press
