The defense claimed that it is "clear that Mr. Robinson is prejudiced by the preliminary hearing going forward as scheduled at this point, and it can’t even be remedied in the next four weeks."
Judge Tony Graf on Friday granted a motion from the defense to delay the preliminary hearing that had been set to begin on May 18 for Tyler Robinson, the man charged with assassinating Turning Point USA founder Charlie Kirk. The defense had argued that it needed more time to review evidence in the case, while prosecutors said that the hearing is only to establish probable cause. The hearing has been rescheduled for July 6 through 10.
In an April hearing, the defense claimed that it is "clear that Mr. Robinson is prejudiced by the preliminary hearing going forward as scheduled at this point, and it can’t even be remedied in the next four weeks." When asked by the judge how much time would be needed, the attorneys said roughly four months at least.
The defense has taken issue with not having the underlying data from the ATF and FBI regarding DNA evidence, saying that the team "can’t present any expert testimony on DNA without having the underlying data." The defense said, "We’re not interested in postponing this for the sake of postponing this, we’re interested in having a meaningful testing of expert reports." In Friday's hearing, the state said that the defense has been provided with the DNA files from the FBI.
The prosecution argued that the motion to delay "really has nothing to do with the preliminary hearing," and that the defense had not shown that a delay of the hearing was necessary for the "limited purpose of a preliminary hearing."
The prosecution said a delay would "infringe on the victim’s right to a speedy trial, as well as the state’s ability to present the case. Justice delayed is justice denied, as the saying goes, and that’s because it affects a victim’s right to speedy trial. It affects the public’s perception of the legitimacy of the prosecution and the judicial system. And it has real effects on the evidence that may be presented at trial, witnesses become unavailable, memories face, evidence grows stale, and so the court should not be granting a motion to continue and delaying the proceedings unless it’s necessary, especially for such a lengthy period."
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