What Tyler Robinson's defense wants hidden and why prosecutors and media say no in court

PROVO, Utah — No trial date has been set for Tyler Robinson, the 23-year-old Utah man accused of assassinating Charlie Kirk at a Turning Point USA event last year. A Utah judge heard arguments Friday from prosecutors, Robinson’s defense team and an attorney representing Kirk’s widow about how much preparation the case will require and when the trial should begin.

Robinson appeared in court wearing a light gray suit and was neither handcuffed nor shackled. He did not speak during the hearing but quietly consulted with attorneys Richard Novak, Kathy Nester and Staci Visser during breaks. At one point, he handed Visser a note.

Judge Tony Graf Jr. had intended to schedule the trial before the hearing ended. However, after questioning both sides about their proposed timelines and previously scheduled trials in other cases, he said he needed additional time to make a decision.

Jeffrey Neiman, an attorney for Kirk’s widow, Erika, urged the judge to move the case forward as quickly as possible. Robinson did not enter a plea until last month, nearly a year after prosecutors charged him.

Justice delayed this long stops being justice for the Kirk family.

Jeffrey Adam Nieman, attorney for Erika Kirk, sits in a courtroom during a pretrial hearing.

Jeffrey Adam Nieman, attorney for Erika Kirk, attends a pretrial hearing for Tyler James Robinson, 23, who is charged with aggravated murder and six other counts in the Sept. 10, 2025, fatal shooting of Turning Point USA founder Charlie Kirk at Utah Valley University, in 4th District Court on Friday, Oct. 23, 2026, in Provo, Utah. (Erin Hooley, Deseret News via Pool)

“Every day of delay adds to uncertainty, invites speculation, and that erodes confidence in this system,” Neiman said.

The approximately three-hour hearing was interrupted several times by technical problems with WebEx. Robinson defense attorney Michael Burt and an attorney representing Kirk’s parents, Robert and Kathy, participated remotely.

Utah County prosecutors identified Jan. 31, 2028, as their preferred trial date, while saying they could be prepared to begin as early as October 2027.

Tyler Robinson, charged with killing Charlie Kirk appears in court

Tyler Robinson, the man accused of killing Charlie Kirk, is seen in court in his first in-person court appearance on Dec. 11, 2025. (Pool/KSL-TV)

Visser said the case’s pretrial litigation would continue to grow more complicated. The defense must review more than 31,000 pieces of discovery and what she described as “8 million” digital evidence artifacts, while also preparing motions to compel and issuing subpoenas.

“Discovery review is foundational,” she said. “It impacts everything else.”

For that reason, Visser argued that the state’s proposed January 2028 trial date was “not practical.”

Tyler Robinson

Defense attorney Staci Visser attends a pretrial hearing for Tyler James Robinson, 23, who is charged with aggravated murder and six other counts in the Sept. 10, 2025, fatal shooting of Charlie Kirk at Utah Valley University, in 4th District Court, Friday, Oct. 23, 2026, in Provo, Utah.

Robinson’s attorneys asked the court to consider a “soft target” trial date during the third quarter of 2029. They cited the volume of discovery, the extensive preparation required and existing commitments in other trials. One of those cases directly conflicts with the prosecution’s preferred schedule: Novak is set to begin a federal racketeering trial on Jan. 10, 2028.

Both sides also agreed that a trial extending through the holiday season could create difficulties for prospective jurors and witnesses.

“Justice delayed this long stops being justice for the Kirk family,” Neiman said.

Tyler Robinson

Defense attorney Richard Novak attends a pretrial hearing for Tyler James Robinson, 23, who is charged with aggravated murder and six other counts in the Sept. 10, 2025, fatal shooting of Charlie Kirk at Utah Valley University, in 4th District Court, Friday, Oct. 23, 2026, in Provo, Utah.

Neiman said only about 5% of federal cases proceed to trial. He added that the Kirk family would be willing to contact the federal judge and request that the January trial be rescheduled, which could free Robinson’s defense attorney to participate in the Utah case.

Utah’s state constitution gives crime victims and their representatives the right to a speedy resolution. Erika Kirk has been designated by the court as the victim’s representative.

Novak told the court that trial’s start date had been “set in stone” and argued against rushing things along in the case against Robinson.

charlie kirk at uvu before shooting, facing the crowd

Charlie Kirk speaks at Utah Valley University on September 10, 2025 in Orem, Utah. Kirk, founder of Turning Point USA, was speaking at his “American Comeback Tour” when he was shot in the neck and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)

“The reality is rushing to trial does not lead to closure, it does not lead to finality, it leads to mistakes,” he said.

Graf expressed concern that if he does not set a date soon, additional conflicts could arise.

Charlie Kirk's widow, Erika Kirk leaves court

Erika Kirk departs court in Provo, Utah, Monday, July 6, 2026. The widow of Charlie Kirk was attending the first day of preliminary hearings against Tyler Robinson. (Alec Thornock for News Outlet)

Neiman, who is primarily a criminal defense attorney, has repeatedly asked the court to speed things up.

“Time is the defense’s best ally,” he said. “It’s their best friend.”

He also noted that regardless of when the trial takes place, Charlie Kirk won’t be able to spend Christmas with his family.

“Your honor, if you set it, it will happen,” Neiman said. “Set it, please.”

Graf set the next hearing for Monday, Nov. 9 at 1 p.m. MT, when he said he would read his ruling.

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