Public gets limited view of evidence in Charlie Kirk shooting case

As a Utah judge weighs the evidence against a man charged with shooting and killing conservative political activist Charlie Kirk, the public is getting a more limited view of the case. 

There are multiple pieces of evidence that members of the public and news media aren’t seeing as prosecutors work to prove that their case against Tyler Robinson, 23, is strong enough to advance to trial. 

Robinson, of St. George, has not yet entered pleas to aggravated murder, a capital offense, and other charges. 

Fourth District Judge Tony Graf has allowed some videos to be displayed on a large screen in the courtroom, but has watched others this week on his own computer monitor instead while only allowing accompanying audio to play aloud in court. 

The judge did so Monday, viewing what attorneys described as graphic footage of the Sept. 10 assassination of Kirk at Utah Valley University in Orem. In explaining the restrictions, Graf cited the rights of crime victims.

As the footage played on his screen and at other monitors shielded from public view on attorneys’ desks, a loud crack could be heard, followed by screaming. Kirk’s parents and his widow, Erika Kirk, left the courtroom before the videos were played and returned afterward.

Charlie Kirk, who led Turning Point USA, was a close ally of President Donald Trump. The president’s son, Donald Trump Jr., watched the hearing from the courtroom gallery Monday.

1st day of weeklong hearing begins in Charlie Kirk killing, with widow Erika Kirk in attendance

Robinson’s defense team has argued throughout the hearing’s first two days that evidence presented in granular detail by the state isn’t reliable or relevant enough to help the judge decide whether to order a trial or, alternatively, dismiss the case. 

Robinson’s attorneys brought an FBI analyst to attack the integrity of DNA evidence that prosecutors say ties Robinson to items including a towel found wrapped around a rifle. 

They also argued Tuesday that clips of surveillance video of the shooting suspect at Utah Valley University shouldn’t be played in court, implying that it could create bias in potential jurors if their client is ordered to stand trial. 

“We think this video is going to play a big role in the trial, and to allow the public to see it now would seriously impact our ability to get a fair trial,” defense attorney Kathryn Nester said. 

Another member of the defense team, lawyer Michael Burt, described “a very pro-prosecution bias of every story that has been published on this account.” 

David Reymann, an attorney representing news media organizations in the case, pushed back, telling the judge that “the participants, or the spectators in the courtroom, have a right to know what the court is viewing, so that they can understand how you’re making your decision.”

The judge allowed the video to be played on the screen and captured by news photographers, saying he recognized “the importance of transparency and a proper balance to ensure that the constitutional rights of all parties are upheld as it relates to this exhibit.”

Agent David Hull, formerly with the state Bureau of Investigation, testified that the video showed Robinson running, crouching down and lying in a prone position before jumping off of the rooftop of the building from which investigators believe the gunman fired.

The judge did not allow an edited version of the same footage with zoomed-in portions to be shown for public view, saying it didn’t show anything the prior video hadn’t. 

Robinson’s defense team sought to pick apart the connection that investigators drew between the person captured in UVU surveillance video and their client, emphasizing through their questioning that police did not link their client to the crime until he went to the Washington County Sheriff’s Office in southern Utah the day after the shooting. Prosecutors say that’s when he turned himself in.

In some ways, the hearing resembles a small-scale trial, with Robinson seated with his attorneys and wearing a suit, witness testimony and cross-examination. 

But the standard of proof is lower. To try Robinson, the judge must determine if there’s probable cause, or a reasonable belief, supporting the charges. The standard for a conviction at trial is much higher — proof beyond a reasonable doubt.

The preliminary hearing is scheduled to resume Wednesday afternoon and conclude Friday.