Judge Tony Graf had struck down the defense's motion for a blanket ban on electronic media coverage.
The defense of Tyler Robinson, the man charged with the September killing of Turning Point USA founder Charlie Kirk, is seeking to appeal Judge Tony Graf’s early May order striking down their request for a blanket ban on cameras in the courtroom.
A May 29 filing in the case read, "Defendant, Tyler James Robinson, by and through his counsel of record, hereby files notice in accordance with Utah Rule of Appellate Procedure 5(b) that he has filed this 29th day of May, 2026, with Utah Supreme Court, a Petition for Permission to Appeal from an Interlocutory Order, seeking permission to appeal the Court’s Prder Denying Motion to Exclude Still Photographers, TV Cameras and Microphones from the Courtroom, issued May 8, 2026."
Judge Tony Graf ruled that "Because Defendant has not shown that a categorical ban on electronic media coverage for all proceedings in this case is allowed by Utah law, Defendant's motion is respectfully denied."
Instead of a blanket ban, Graf ordered that electronic coverage be weighed on a hearing-by-hearing basis. He ordered that news reporters must file requests for electronic coverage of proceedings at least 14 days before the scheduled proceeding. If any party seeks to restrict or suspend electronic coverage of a hearing, they must file a motion no later than 10 days before, with time also being given for the opposing party to respond. "No oral argument on the motion will be held. The court will issue an order before the proceeding and, if the request is denied, issue particularized findings denying the request."
This comes as the defense has been seeking to close portions of the July preliminary hearing and seal some exhibits. The defense requested that the judge close "those portions of the preliminary hearing testimony which would not be admissible at trial or which, if publicly disclosed prior to trial, may prejudice Mr. Robinson’s constitutional right to a fair trial" and seal "exhibits presented at the preliminary hearing which would not be admissible at trial or which, if publicly disclosed prior to trial, may jeopardize Mr. Robinson’s constitutional right to a fair trial."
Robinson’s defense team argued that these actions are necessary "in order to protect Mr. Robinson’s right to a fair trial under article 1, section 12 of the Utah Constitution, and his rights under the Fifth, Sixth and Eighth Amendments to the United States Constitution."
Petition for Permission to Appeal from an Interlocutory Order by Hannah Nightingale
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