A preliminary hearing for the suspect accused in the killing of conservative activist Charlie Kirk will be open to reporters and members of the public, a Utah judge ruled on Monday. The ruling stemmed from a request from the suspect’s defense team to restrict access to the hearing, which the judge denied.
Defense lawyers representing Tyler Robinson 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.
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 restricted 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.”
Robinson’s lawyers had pushed to delay the preliminary hearing, which was originally scheduled to take place in May. They argued in court filings earlier this year that they needed more time to review a huge amount of material, including a bullet analysis, to adequately prepare to defend him at the trial.