Erika Kirk demands speedy trial under rare Utah law in Tyler Robinson case amid excessive defense delays

Erika Kirk filed the motion on Friday, January 16, and accused the defense team of causing "undue" and "unwarranted" delays in the case. "Nobody believed in the importance of the United States Constitution more than Charlie Kirk," the court filing stated. "And although the United States Constitution guarantees criminal defendants many rights, it does not guarantee them the right to cause undue delay."

“The Utah Code affords victims of a crime ‘the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant . . . .and to prompt and final conclusion of the case after the disposition or conviction and sentence, including prompt and final conclusion of all collateral attacks on dispositions or criminal judgments,’” the filing stated. “This Court is tasked with the critically important function of ensuring the Defendant has a fair trial, but this Court must also do so while balancing Mrs. Kirk’s right to a speedy trial and therefore this Notice invokes Mrs. Kirk’s rights under applicable Utah Code.”

Delay in the case likely means a delay for sentencing, where Robinson is likely to face the death penalty if he is convicted. Robinson, even with the evidence against him, has yet to enter a plea, further delaying the case process.

This is the first time in the case where the court has heard from Erika Kirk regarding the proceedings. Robinson's lawyers, leading up to a hearing that took place on January 16, filed a motion to disqualify the entire Utah County Attorney's office from the case, citing a potential "conflict of interest" because one of the prosecutors' children had witnessed the assassination in person. However, millions of people have seen the same exact thing online.

In the hearing on January 16, the defense also filed a motion to have the case sent to the Utah Attorney General's Office, citing that because their motion against the prosecutor was pending, there was a conflict of interest for the Utah County Attorney's office to represent itself in proving there was no conflict of interest over the prosecutor's child.

The judge in the case pressed the defense on filing the second motion during the hearing instead of beforehand, saying that the second motion to transfer the case should have been filed previously as to not take up the court's time. Other motions from the defense that have taken up the court's time include filings against Robinson being shackled, media coverage, as well as other aspects of the case.

During Friday's hearing, Judge Tony Graf ruled that cameras in the courtroom cannot focus on Tyler Robinson during the hearing after the defense claimed that the court cameraman had focused on Robinson in a way that would aid lip readers. Robinson's defense had requested that as a consequence, cameras either be banned from that hearing or Robinson not filmed at all.

Erika Kirk Filing