Lawyers for the man accused of killing Charlie Kirk will make their case Tuesday to close portions of a key hearing and seal some evidence after a judge rejected their request to ban news cameras from court.
Tyler Robinson’s defense has argued that broadcasts of the proceedings create a media frenzy that often misrepresents him and could bias potential jurors. They hope to keep private portions of his preliminary hearing, scheduled for July 6-10, when prosecutors must show they have enough evidence against Robinson to proceed to trial.
The July hearing will mark the most significant presentation of details to date in a case that has focused largely on public access in its first eight months.
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 that was considered instrumental in getting President Donald Trump elected to a second term.
As public attention has swirled, state District Judge Tony Graf has taken steps to protect Robinson’s rights in court, but he declined earlier this month to shut out cameras.
During the preliminary hearing, prosecutors say 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 have asked the judge to seal dozens of those exhibits to “prevent infecting the potential jury pool,” according to a court document filed Monday.
Prosecutors argue the preliminary hearing should remain open, but they agree that media should be restricted from viewing or copying some exhibits that could be used in a future trial.
Prosecutors have said Robinson left a note for his romantic partner hidden under a keyboard that said, “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.
Deputy Utah County Attorney Chad Grunander said in court documents that some evidence they plan to present in July is “reliable hearsay,” or statements made outside of court that are considered highly trustworthy. Such statements are typically allowed in preliminary hearings but not at trial, where standards are stricter.
Robinson’s attorneys worry the statements will spread widely after the preliminary hearing, harm their client and then not be admissible at a trial.
Prosecutors disagree, saying in a court filing, “There is nothing to suggest that the substance of the evidence is inadmissible.”
The Associated Press contributed to this report.