A Utah judge on Friday rejected an attempt by the man accused of assassinating conservative activist Charlie Kirk to keep key court filings secret, while leaving open the possibility that portions of an upcoming hearing could be closed to the public.
Judge Tony Graf Jr. ruled from the bench that attorneys for Tyler Robinson failed to justify sealing a defense motion seeking to bar cameras and other media coverage from the courtroom. Friday’s hearing centered on whether the defense’s written motion to exclude cameras, which the court had previously classified as a private document, should remain sealed from the public.
Graf ruled the defense had not met the legal threshold to keep the motion confidential.
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Even so, the judge said he will continue “balancing all the factors” in deciding whether some portions of the next hearing could be closed to the media.
The decision sets the stage for an April 17 hearing where Robinson’s attorneys will formally argue that cameras, microphones, and photographers should be barred from the courtroom because extensive publicity surrounding the case could prejudice potential jurors.
Defense attorney Staci Visser told the court the defense is not attempting to litigate the case in the public arena.
“There seems to be an idea that flooding the public sphere with information from this courtroom will somehow dispel conspiracy theories or shift public narratives,” Visser said. “That, in and of itself, is concerning to the defense. All we should be worried about is protecting what happens in this courtroom.”
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Robinson’s legal team argued the hearing will likely involve discussion of prejudicial pretrial publicity, including references to evidence that has not yet been admitted in court, alleged confessions, and public commentary about Robinson’s guilt.
“We don’t want to be in that position of bringing in front of the court all of this prejudicial information and having the press regurgitate it yet one more time,” defense attorney Michael Burt said.
Prosecutors pushed back on those claims, arguing that media attention alone does not prevent a fair trial.
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Christopher Ballard, a prosecutor with the Utah County Attorney’s Office, said tools such as careful jury questioning and expanding the jury pool are designed to address potential bias.
“So just saying that this is a content tornado or there’s been a barrage of media coverage doesn’t necessarily mean that there is going to be prejudice to the defendant,” Ballard said.
Ballard also noted that most of the information expected to be discussed during the April hearing is already publicly available, and therefore, it should remain open to the press.
In a twist during Friday’s hearing, prosecutors also said they plan to call a witness at the April proceeding to testify about how media coverage has affected the prosecution’s side of the case, including conspiracy theories that have been espoused online and other baseless accusations directed at Kirk’s widow, Erika Kirk.
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That argument contrasts sharply with the defense’s repeated claims that media coverage has primarily harmed Robinson’s right to a fair trial.
Coalitions of national and local news organizations have also weighed in to preserve press access to the proceedings.
Media coverage has already been a point of tension in the case. Graf previously placed temporary restrictions on local television outlets after footage aired showing Robinson in shackles and close-up shots that could reveal conversations with his attorneys.
The judge has also blocked full video of the shooting from being shown in court after defense attorneys argued the graphic footage could taint the jury pool. Kirk was speaking to a crowd of roughly 3,000 people during Turning Point USA‘s “American Comeback Tour” event when he was shot in the neck and killed.
Robinson, 22, is facing seven felony charges, including aggravated murder, in the Sept. 10 shooting of Kirk at Utah Valley University and faces the death penalty if convicted. He has appeared in several hearings since the shooting but has not yet entered a plea.
The April 17 hearing will focus on the defense’s request to exclude cameras and other recording devices, while a preliminary hearing in the case is scheduled for May 18 through May 20.
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Robinson’s murder case is expected to draw intense national attention after the brazen and allegedly politically-motivated killing of Kirk last year reverberated across political circles.
Utah prosecutors have said Robinson explicitly accused Kirk of spreading “too much hate” and “hatred” that “can’t be negotiated out,” justifying his lethal actions in messages to others. Relatives told authorities he had adopted increasingly radical left-wing views in recent years, including strong support for transgender issues and opposition to Kirk’s conservative stances.