Legal Expert Predicts Strategic Defense Approach in Charlie Kirk Assassination Case for Future Death Row Appeal

According to a former assistant U.S. attorney, the defense team for Tyler Robinson is not only focused on the immediate verdicts in Friday’s court proceedings but is also strategically preparing for a potential death penalty appeal. This approach remains relevant no matter how the judge rules on two critical motions in the case concerning the alleged assassination of Charlie Kirk.

Judge Tony Graf is poised to deliver decisions this Friday at 3 p.m. local time regarding two defense motions. The first motion requests a postponement of Robinson’s preliminary hearing, which is currently set for May 18. The second motion seeks to prohibit the presence of cameras in the courtroom altogether.

Neama Rahmani, a former assistant U.S. attorney who now practices as a criminal defense lawyer, shared with Fox News Digital that these motions likely represent a tactical move by the defense. The goal is to establish grounds for appeal, regardless of Judge Graf’s rulings.

“The defense seems to be strategizing by filing these motions,” Rahmani explained. “Whether it’s to exclude courtroom cameras or challenge the Utah County Attorney’s Office, they are crafting potential appellate issues. Even if these motions are denied, they could serve as arguments for appeal if Tyler Robinson is sentenced to death. This could provide state and federal appellate judges with more to consider if Robinson finds himself on death row.”

Rahmani noted that Judge Graf might agree to delay the preliminary hearing, though it is unlikely that the postponement will extend the full six months requested by Robinson’s legal team.

“I think it’s more likely that the judge grants the defense request to continue the preliminary hearing. And this is why, if they did receive hundreds of thousands of documents recently and they need time to go through it, it is the defendant’s right to a speedy trial. And the defendant has the right to waive that right,” he said. “Now, six months may be excessive. Maybe the judge continues it to some later date, weeks or months out. But ultimately, if the judge refuses to grant that continuance, that creates yet another issue on appeal.”

Robinson’s defense team in January filed a motion to exclude “television cameras and microphones, still photographers, radio microphones and other similar implements of the electronic or broadcast media” out of the courtroom. His defense team argued that “highly sensational” media coverage threatens Robinson’s due process rights and the ability to seat a jury.

During an April hearing, social psychologist Bryan Edelman, a witness called by the defense, said news coverage of the assassination of Kirk and Robinson’s alleged involvement included “sensationalized” content.

Cole Christiansen, an investigator with the Utah County Attorney’s Office, argued that media coverage “went both ways” and wasn’t one-sided.

“I think the tone of it went both ways. I think some of the tone of it was negative toward the prosecution and some of it was negative toward the defense as well. Some of it was negative toward Erika Kirk, and some of it was negative toward Charlie Kirk,” he said.

“We strongly support open and transparent proceedings in this case, so that the public will trust the process here,” Deputy Utah County Attorney Chad Grunander said during the April hearing. “There are conspiracy theories that abound. There are questions being raised, and the best antidote for falsehood is the truth in accuracy. It’s the actual real proceedings. And that’s why we favor opening this court and allowing the cameras in the courtroom.”

In late March, Robinson’s attorneys asked Graf for a minimum six-month delay for the preliminary hearing, arguing they aren’t capable of reviewing the “voluminous” files received by prosecutors for discovery, which isn’t yet complete.

Robinson’s attorneys said in an earlier filing that defense attorneys received more than 600,000 files from prosecutors during a meeting on March 12, which they say will take time to review. His defense team asked for a minimum six-month delay for the preliminary hearing, which is currently scheduled to begin on May 18.

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)

“Discovery in this case is incomplete, voluminous, and the processing of it is complex,” the defense team wrote.

One of the defense’s experts, a forensic biologist, said she would need six months to review the evidence.

Robinson faces multiple charges after he allegedly killed Kirk, who founded TPUSA, on Sept. 10, 2025, including aggravated murder. His charges are death penalty eligible.

Fox News Digital reached out to Robinson’s attorney.