Attorneys for the Utahn accused of killing conservative activist Charlie Kirk are again asking to delay the case. This time, they want the Utah Supreme Court to weigh in on the tug-of-war over cameras in the courtroom.
Until that happens, Tyler Robinson’s defense wants to pause all future proceedings. That includes a July 6-10 preliminary hearing, which has already been pushed back once.
In early May, 4th District Court Judge Tony Graf rejected the defense’s bid to ban cameras. In lengthy arguments, the defense argued that the extensive media coverage in this case could prejudice potential jurors against Robinson and preclude a fair trial.
The defense filed a request to appeal that ruling to the state’s highest court May 29. They argue Graf erred in his decision, and that needs to be addressed before this case continues, especially given the stakes. Prosecutors plan to seek the death penalty if Robinson is convicted.
“Finally, if allowed to stand, the trial court's erroneous ruling creates a grave risk of planting a fundamental procedural error early in the case that could lead to a post-conviction reversal,” Robinson’s attorneys wrote in their Utah Supreme Court filing.
As of Monday, the Utah Supreme Court hasn’t responded to the request.
In their request to Graf to freeze the case, Robinson’s defense said the appeal to the state supreme court likely won’t be resolved by the July preliminary hearing, because the high court is in flux. Four of the seven seats on the bench need to be filled after the Legislature expanded the court, as well as the resignation of one justice under political pressure and the retirement of another.
Allowing the preliminary hearing to proceed with cameras in the courtroom with this potential appeal unresolved, the defense argued, would violate Robinson’s constitutional rights. In the preliminary hearing, Utah County prosecutors will need to show they have enough evidence to proceed to trial. Their evidence list includes video of Kirk’s shooting and interviews with witnesses, including Robinson’s romantic partner.
In the early stages of the case, public and media access have been a dominant and repeated issue. On June 1, Judge Graf rejected the defense’s latest motion to close portions, if not all of the preliminary hearing, to the public.
During the debate over courtroom cameras, prosecutors, Kirk’s widow, Erika Kirk, and media organizations wanted cameras to stay.
Utah judicial rules provide a presumption that electronic media coverage by journalists is permitted in public court hearings. The rules also state a judge can restrict media coverage, like cameras, if there’s a compelling reason — such as a likelihood it could “prejudice the right of the parties to a fair proceeding.”
Robinson, 23, faces several criminal counts, the most serious being aggravated murder, a first-degree felony. He has yet to enter a plea.
Robinson is expected to be next in court June 12. There, the defense is scheduled to make its case that prosecutors violated the court’s pretrial publicity rules when one prosecutor did interviews with the media. The Utah County Attorney’s Office argues it was correcting misinformation.
