A weeklong preliminary hearing for the man accused of killing conservative activist Charlie Kirk is set to get underway on Monday. Prosecutors will aim to show that they have enough evidence against 23-year-old Tyler Robinson to proceed to a trial. The hearing marks the most significant presentation of evidence in the case so far. After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed.
Robinson is charged with aggravated murder in the assassination of Kirk on the Utah Valley University campus last September. Kirk’s parents and his widow, Erika Kirk, will attend the hearing, according to a person familiar with the situation who spoke on condition of anonymity because they were not authorized to speak publicly. It is the first time Kirk’s family will be in the courtroom with the man accused of killing him.
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Robinson’s attorneys tried to block the death penalty
State District Judge Tony Graf said recently that prosecutors violated his restrictions on talking outside the courtroom when Deputy Utah County Attorney Christopher Ballard told a media outlet his office had ample evidence to convict Tyler Robinson of killing Charlie Kirk.
Robinson’s lawyers argued the comments were intended to influence potential jurors. As a punishment, they wanted the judge to block prosecutors from seeking the death penalty.
But Graf said that was too severe, and that Ballard's comments weren’t malicious.
The judge said any potential bias issues could be addressed by expanding the jury pool or more closely questioning potential jurors when the case goes to trial.
Will Robinson face the death penalty?
Starting with today’s hearing, the focus of the case shifts to whether there is enough evidence for a trial and whether the death penalty is warranted, said Paul Cassell, a University of Utah law professor and former federal judge.
Cassell said evidence made public to date in court filings suggests prosecutors have “an overwhelming case.”
“This seems like the proverbial slam dunk at this stage of the case, where the only issue is whether there is a sound basis for moving forward with a trial on the merits,” he said.
A death sentence is an option in Utah only when a crime has aggravating circumstances. Prosecutors will argue in Robinson’s case that Kirk’s shooting endangered others in attendance.
What information is publicly known about the case?
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.
Robinson’s parents had confronted him after authorities released a surveillance photo of the suspect and details about the rifle, authorities have said. His parents convinced him to meet with a family friend, a retired sheriff’s deputy who reportedly helped arrange for Robinson to turn himself in.
Prosecutors have said Robinson left a note for his roommate, who was also his romantic partner, that read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.” They also said he wrote to his roommate in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”
Defense attorneys unsuccessfully sought to block prosecutors from using recorded statements from Robinson’s roommate during the hearing. The defense wanted the roommate to testify in person so Robinson could exercise his right to challenge the credibility of witnesses against him. Graf said the time for challenging witnesses would come later.
What to expect during today’s hearing
The proceeding will resemble a mini-trial, with prosecutors planning to offer DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy findings, witness statements and video of Kirk’s killing. They are not required to present all their evidence and can use secondhand information or hearsay.
After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed.
Prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk. The standard is lower than for a trial, where prosecutors have to prove guilt “beyond a reasonable doubt.”
Prosecutors will lay out their case against the man accused of killing Charlie Kirk
Charlie Kirk’s widow and parents are expected this week in a Utah court where prosecutors seeking the death penalty will argue that the man charged with killing the conservative activist should stand trial for murder.
The five-day preliminary hearing that starts today will be the first time members of Kirk’s family are in the Utah courtroom with defendant Tyler Robinson. The hearing will be livestreamed.
Robinson turned himself in after the shooting. Prosecutors allege that he also sent a text message confession to his partner and left a note saying he had an opportunity to kill one of the nation’s leading conservative voices, “and I’m going to take it.”
He has not entered a plea in the case, however.
Robinson, 23, is charged with aggravated murder in the Sept. 10 assassination of Kirk, who was addressing a crowd of thousands at Utah Valley University. His attorneys have not commented on his guilt or innocence.
