Judge denies bid to close preliminary hearing in Charlie Kirk assassination case
A judge has rejected a request to close the preliminary hearing for Tyler Robinson, who is accused of killing Charlie Kirk. This decision guarantees that the proceedings will remain open to the public. Legal expert Jonathan Turley has weighed in on the legal ramifications of this ruling, as well as possible breaches of gag orders by the prosecution. Erica Kirk, Charlie Kirk’s widow, has stressed the need for transparency in such a high-profile case and supports the idea of allowing courtroom cameras.
Prosecutors in Utah are urging the presiding judge to deny the defense’s attempt to further delay the preliminary hearing, which is approaching nine months since the suspect’s arrest.
The legal team for 22-year-old Tyler Robinson has requested that Judge Tony Graf Jr. reschedule the routine hearing. This request comes as they are appealing his decision to allow news cameras in the courtroom for this widely publicized trial.
“The defendant cannot demonstrate that a stay is essential to prevent further prejudice from media coverage of his preliminary hearing, as this Court has already determined that he did not prove a public hearing would prejudice him in any way,” wrote Deputy Utah County Attorney Christopher Ballard in a court document filed on Saturday.
Tyler Robinson appeared in the Fourth District Court in Provo, Utah, on December 11, 2025, facing charges for the murder of Charlie Kirk. (Image courtesy of Rick Egan/The Salt Lake Tribune via Pool)
Robinson’s defense team has filed an appeal with the Utah Supreme Court and is requesting Judge Graf to delay the hearing until they receive 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.”
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.
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.
“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.
Attorneys for two groups of media outlets, one of which includes Fox News and News Agency, 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.
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