Charlie Kirk’s accused assassin to appear in person for his trial, set for Oct. 30

Tyler Robinson, the man accused of killing Charlie Kirk, will appear in person for his capital murder trial, his lawyers indicated Monday.

Robinson, 22, was present via video conference from the Washington County Purgatory Correctional Facility in St. George, Utah, where he has been held since his arrest Sept. 12. He responded, “Yes, your honor,” when Judge Tony Graf asked if he was present, but his face wasn’t shown by the TV cameras covering the proceedings.

Graf, who was sworn into his judgeship less than two months ago, pledged to protect Robinson’s constitutional rights “at every stage,” which is part of why he wanted an in-person trial.

“He sits before this court presumed innocent and that presumption remains unless and until each element of every offense charged against him is proved beyond a reasonable doubt,” Graf said, adding that Robinson’s rights had to be balanced with those of the victim. “Let me be clear: I will not put my finger on the scale of justice. These proceedings will be open to the public, conducted in accordance with the law, and handled with diligence and competence to ensure that justice is never compromised.” 

Kathryn Nester, one of Robinson’s state-appointed defense attorneys, agreed that Robinson would appear in person, something Graf said would allow him to “fully engage with his attorney’s and participate in these legal proceedings.” 

A panel of legal experts speaking on Fox News after the proceedings said Robinson’s physical presence could help rule out accusations of a mistrial, since he would have full access to his lawyers. 

A preliminary hearing was scheduled for Friday, but Nester asked it to be pushed out 30-60 days to allow attorneys to review the “massive amount” of evidence that has been gathered in the case, including substantial digital evidence. 

Graf agreed, setting the next date for Oct. 30 in Fourth District Court in Provo. 

Nester, who has defended capital cases in California and Utah, said the defense did not intend to waive the preliminary hearing, a proceeding where evidence is presented and witnesses called to determine if there is probable cause to proceed to trial. 

Legal experts speaking with Fox after the proceeding discussed whether holding such a hearing would benefit the defense. John Ritter, a criminal defense attorney, said it would allow the defense to see how some of the witnesses perform, but Donna Rotunno, another lawyer, questioned if it would do more harm than good. 

“I don’t think the defense is going to want all of this evidence to get out and taint the jury pool any more than they have been” after the announcement of Robinson’s arrest, she said. 

Another expert said the defense will likely focus on procedural aspects of the case and exploit any inconsistencies in witness testimony or issues with how the evidence was gathered. 

While the defense may try to “drag this out as much as possible, it’s the job of the judge to keep it moving along,” the expert said. 

Prosecutors will be working to ensure witnesses “tell one story, not multiple,” while the defense is expected to “file paper on paper with motion upon motion,” to slow down the proceedings, Ritter said. 

Although it is a capital case, meaning the death penalty is being sought, Robinson would first have to be found guilty before a separate sentencing proceeding would determine his fate. The fact that his family turned him in could show trust in the justice system, possibly gaining sympathy from jurors who might be reluctant to sentence him to death. 

Robinson is expected to plead not guilty, the experts said, although it is possible his family could convince him to plead guilty in hopes of securing a deal to avoid the death penalty. 

He was arrested following the Sept. 10 shooting of Kirk, founder of Turning Point USA who was speaking on the campus of Utah Valley University. He faces seven charges, including aggravated murder and firearms charges, as well as obstruction of justice and witness tampering.