The Utah judge did agree with Tyler Robinson on another issue and opt to postpone a preliminary hearing in the case until July.
(CN) — The Utah judge overseeing the Charlie Kirk murder case ruled Friday that he won’t impose a blanket prohibition on media in the courtroom.
Fourth District Judge Tony Graf Jr. postponed the preliminary hearing in the case from the week of May 18 to July 6.
The rulings were mixed for Tyler Robinson, 23, who faces the death penalty if convicted in the Sept. 10 killing of Kirk at Utah Valley University. Robinson sought to bar media coverage, arguing coverage on the case was filled with opinion and misinformation. He also wanted to delay the preliminary hearing to give his attorneys more time to review evidence.
During Friday’s remote hearing, Graf explained his decision and referenced testimony from last month’s proceedings, including comments from trial consultant Bryan Edelman, who described some media coverage as sensational.
“In his view, their commentary would not exist without the livestream,” Graf said, talking about the live broadcast of court hearings.
The hearings provide fuel for media commentary and misinformation, Robinson has argued, necessitating a ban.
According to Graf, Robinson believes media coverage is harming his ability to receive a fair and impartial jury. However, the judge noted he has already taken steps to address those concerns.
Graf said the courtroom camera was placed at the back of the room so it cannot capture private attorney conversations or documents.
While the media has no constitutional right to cameras in the courtroom, Graf said no outright ban exists either.
“The court must examine the motivations of the specific news reporter,” he said, adding: “The court must make the appropriate findings on a request-by-request basis.”
Graf said media organizations must request access to courtroom cameras at least two weeks before a hearing, while attorneys opposing the request must object at least 10 days in advance.
Robinson lost on the media issue but won a delay of his preliminary hearing.
A major reason for the postponement was the volume of discovery prosecutors still must turn over. Defense attorneys and expert witnesses need additional time to review the evidence.
“Usually, a continuance is considered reasonable when there is a showing of good cause,” Graf said.
“Given the volume of discovery, the request is neither unexpected nor unreasonable,” he added.
The judge noted it was Robinson’s first request for a delay. Any additional requests he makes for experts to analyze evidence must be reasonably necessary.
Granting Robinson’s motion to postpone the hearing, Graf set aside the week of July 6 as new hearing dates.
Graf said the scope of a preliminary hearing is narrow, as it’s used to determine whether enough probable cause exists to believe a defendant committed a crime. It’s a much lower standard than what a trial jury would use.
Other motions in the case remain pending, prompting attorneys to plan to reconvene before Graf on May 19.
Robinson wants to exclude the media from certain portions of his preliminary hearing. Additionally, he wants the judge to rule that attorneys can’t introduce hearsay evidence at the preliminary hearing.
Kirk’s shooting death at a Turning Point USA outdoor rally sent shockwaves through the nation. Kirk, a prominent rightwing political figure, suffered the fatal wound while speaking to a large crowd. Authorities apprehended Robinson hours later.
Prosecutors have said Robinson confessed to the killing in a note to his roommate and lover, as well as to a group of people on a messaging app.
Subscribe to our free newsletters
Our weekly newsletter Closing Arguments offers the latest about ongoing
trials, major litigation and rulings in courthouses around the U.S. and the world,
while the monthly Under the Lights dishes the legal dirt from Hollywood,
sports, Big Tech and the arts.
