Erika Kirk is pushing for a swift trial, responding to what she perceives as stalling tactics by the defense team of Tyler Robinson, the man accused of killing her husband.
Her lawyer, Jeffrey Neiman, publicly filed a notice over the weekend, asserting her entitlement to a prompt trial as stipulated by Utah law for victims.
“According to the Utah Code, crime victims are entitled to ‘a speedy resolution of charges without unnecessary delays initiated by or for the defendant,’” Neiman explained in the court document.
Erika Kirk makes an appearance on stage during The New York Times DealBook Summit 2025, held at Jazz at Lincoln Center on Dec. 3, 2025, in New York City. (David Dee Delgado/Getty Images for The New York Times)
“This Court has the vital responsibility of ensuring a fair trial for the Defendant, but it must also respect Mrs. Kirk’s right to a timely trial. Thus, this notice is filed to uphold Mrs. Kirk’s rights as per the relevant Utah Code,” Neiman stated.
Read the full filing:
Robinson is accused of shooting Charlie Kirk during a Turning Point USA event at Utah Valley University in September.
Kirk, who founded the organization, was sitting under a tent in the campus courtyard, speaking with audience members, when a sniper’s bullet struck him in the neck, sending thousands of people running for cover.
While prosecutors said Friday they’d completed about 90% of the discovery process, Robinson hasn’t entered a plea yet or faced a preliminary hearing — a crucial early step in Utah’s legal process where prosecutors have to convince the judge they have probable cause to bring charges.
Tyler Robinson, accused of the murder of Charlie Kirk, appears during a hearing in Fourth District Court in Provo, Utah on Dec. 11, 2025. (Rick Egan/The Salt Lake Tribune via Pool)
Even so, the filing may be premature, according to Donna Rotunno, a Chicago-based defense attorney and Fox News contributor.
“I don’t really think this applies, but it is a very good strategic move to put the judge on notice that everyone is watching,” she told Fox News Digital Monday.
Utah is one of a few states that has such a provision, although the Constitution gives defendants their own right to a speedy trial — something that can be waived in major cases requiring large amounts of legal research and maneuvering in court.
Conservative activist Charlie Kirk is pictured with his wife Erika Kirk on stage at an event earlier this year in Phoenix. (Samuel Corum/Getty Images)
“Nobody believed in the importance of the United States Constitution more than Charlie Kirk,” Neiman wrote. “And although the United States Constitution guarantees criminal defendants many rights, it does not guarantee them the right to cause undue delay in the criminal justice process.”
Robinson is due back in court on Feb. 3 for the second day of a hearing on his defense team’s motion to kick the local prosecutor off the case. Many legal analysts, including Rotunno, have called it “frivolous.”
Prosecutors have denied an alleged conflict of interest over the fact that a deputy in the county attorney’s office had an adult child who was in the crowd when Kirk was murdered.
