Judge denies bid to close preliminary hearing in Charlie Kirk assassination case
A judge denies a motion to close the preliminary hearing for Tyler Robinson, Charlie Kirk’s alleged killer, ensuring public access to the upcoming proceedings. Constitutional law attorney Jonathan Turley discusses the legal implications of the decision and potential gag order violations by prosecutors. Erica Kirk, Charlie Kirk’s wife, emphasizes the importance of transparency in such a public case, advocating for cameras in the courtroom.
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Utah prosecutors are asking the judge overseeing the case against Charlie Kirk’s accused assassin to reject a defense effort to further postpone a preliminary hearing nearly nine months after the suspect’s arrest.
Lawyers for 22-year-old Tyler Robinson have asked Judge Tony Graf Jr. to push back the routine hearing as they appeal his denial of their motion to ban news cameras from the high-profile case.
“Defendant cannot show that a stay is necessary to prevent additional prejudice from media coverage of his preliminary hearing, when this Court has already found that he failed to show that a public preliminary hearing would prejudice him at all,” Deputy Utah County Attorney Christopher Ballard wrote in a court filing Saturday.
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Tyler Robinson appears during a hearing in Fourth District Court in Provo, Utah, on Dec. 11, 2025. He is accused of the murder of Charlie Kirk. (Rick Egan/The Salt Lake Tribune via Pool)
Robinson’s attorneys filed an appeal with the Utah Supreme Court and then asked Graf to push back the hearing while they await a response.
“Nor can Defendant show that he is likely to prevail on appeal (assuming one is granted), or that a stay is not adverse to the public interest in the prompt disposition of criminal trials,” Ballard added. “Moreover, there is no need for this Court to stay the proceedings pending disposition of the petition for interlocutory appeal. If the Utah Supreme Court concludes that such a stay is warranted, that court can stay the proceedings.”
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Charlie Kirk spoke at Utah Valley University in Orem, Utah, on Sept. 10, 2025, during his “American Comeback Tour.” (Trent Nelson/The Salt Lake Tribune/Getty Images)
Robinson was arrested in September 2025 in connection with the assassination of Charlie Kirk during a Turning Point USA event at Utah Valley University.
Much of the evidence prosecutors plan to use has already been revealed publicly, according to Ballard, and Robinson’s defense hasn’t proven a “realistic likelihood of prejudice” if the hearing is open to the public, he added.
The preliminary hearing, an early step in many criminal cases, has not yet been held, and as a result, Robinson has not yet entered a plea.
Charlie Kirk, founder of Turning Point USA, was shot and killed during his “American Comeback Tour” appearance at Utah Valley University in Orem, Utah, on Sept. 10, 2025. People ran after shots were fired at the campus event. (Trent Nelson/The Salt Lake Tribune/Getty Images)
The hearing requires prosecutors to show they had probable cause to arrest the defendant, thereby allowing the case to proceed toward trial.
The hearing was most recently delayed from the week of May 16 to the week of July 6.
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Typically, to be granted a stay in a Utah criminal case, the defense must show a likelihood that their appeal will prevail, a likelihood of “irreparable harm” that outweighs any harm to any other party — and that the stay “is not adverse to the public interest,” according to Ballard’s filing.
Turning Point USA founder Charlie Kirk was shot and killed during an event in Utah on Thursday. (Trent Nelson/The Salt Lake Tribune/Reuters)
He argued that Robinson’s lawyers haven’t met any of those criteria.
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“Defendant must satisfy all three elements,” he wrote. “He hasn’t satisfied even one. In fact, he ignores this rule.”
Not only do delays hurt the prosecution, Ballard argued, they also hurt Erika Kirk, Charlie’s widow and the designated victim’s advocate in the case. She has invoked the victim’s right to a speedy trial under Utah law.
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Attorneys for two groups of media outlets, one of which includes Fox News and Fox News Digital, are also expected to file a response to Robinson’s appeal this week.
In a separate, 51-page filing, Robinson’s defense also asked the judge to block hearsay testimony at the hearing, arguing that Utah laws that permit it are unconstitutional.