A key hearing for the man accused of killing Charlie Kirk will be public, judge rules
SALT LAKE CITY (AP) — Reporters and the public will be allowed to attend a key upcoming hearing for the man accused of killing Charlie Kirk, after a Utah judge on Monday denied a defense request to restrict access.
Tyler Robinson’s defense team had asked Judge Tony Graf to close portions of the preliminary hearing on July 6-10, when prosecutors must show they have enough evidence to warrant a trial. It will mark the most significant presentation of evidence to date in a case that has so far focused on matters of media access.
“The public and the media enjoy a presumptive right to access court proceedings, including preliminary hearings,” Graf said during his ruling. He said the defense hadn’t shown that presenting the evidence publicly would deny Robinson a fair trial.
Robinson's lawyers have tried to guard against media coverage that they say sometimes misrepresents their client, as his case has drawn tremendous public attention. The 23-year-old from southwestern Utah is charged with aggravated murder in the Sept. 10 assassination of Kirk on the Utah Valley University campus.
Prosecutors intend to seek the death penalty if Robinson is convicted. He has not yet entered a plea.
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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