The filing asks that portions of the hearing be closed due to testimony that “if publicly disclosed prior to trial, may prejudice Mr. Robinson’s constitutional right to a fair trial.”
Tyler Robinson, the man charged with assassinating Turning Point USA founder Charlie Kirk, has requested that portions of an upcoming preliminary hearing in his case be closed, and that some exhibits at the hearing be sealed.
The Friday filing requests that Judge Tony Graf 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."
The defense said that "it is very likely that significant portions of the testimony offered by the State at the preliminary hearing would not be admissible at trial. It is also very likely that many of the exhibits it offers would not be admissible at trial."
"By way of example, the State intends to present written or otherwise recorded witness statements pursuant to Rule 1102(b)(8), without calling the declarants as witnesses at the hearing. It also intends to present numerous expert reports pursuant to Rule 1102(b)(4), without calling the authors of those reports as witnesses at the hearing. Neither recorded witness statements nor written expert reports would generally be admissible at trial, as they are quintessential hearsay."
"Additionally, the State intends to present as exhibits numerous videos which clearly cannot become public in advance of trial, given the well-established quantum of highly inflammatory media and social media coverage of this case, without further impairing Mr. Robinson’s constitutional right to a fair trial."
Among the witnesses that the state intends to call on at the preliminary hearing set for later in May are Robinson’s parents, as well as his transgender lover, Lance Twiggs. A March defense filing stated that in a meeting earlier in the month, "Based upon the State’s representations at this meeting, the State intends to present discrete 'buckets’ of evidence through three identified law enforcement witnesses. This includes conclusory forensic DNA and ballistics reports authored by the FBI and the ATF, phone and social media data, testimony by law enforcement officials about the crime scene and search locations, and testimony by Mr. Robinson’s parents and roommate."
While the hearing is currently set for later in May, the defense has attempted to get a months-long delay in the proceedings. Prosecutors have argued that the preliminary hearing is only to establish probable cause, while the defense has demanded that they have more time to examine evidence in the case. Defense attorneys argued in an April hearing 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." A ruling regarding whether the hearing will be delayed is set to be issued on May 8.
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