SALT LAKE CITY — A Utah judge is set to decide Friday if news outlets can continue to film, photograph and livestream the high-profile murder case against the man charged with killing conservative activist Charlie Kirk.
Tyler Robinson’s attorneys argue potential jurors could be biased by slanted stories and online comments that depict the defendant as evil or unremorseful based on how he looks and acts in court. They say live broadcasts are fuelling those stories and interfering with Robinson’s right to a fair trial.
Media organizations, prosecutors and Kirk’s widow, Erika Kirk, want cameras allowed. They argue transparency is the best way to guard against conspiracy theories that have circulated since Kirk’s assassination on Sept. 10, when he was shot in the neck while addressing thousands of students at Utah Valley University in Orem.
State District Judge Tony Graf already has tightened his rules for cameras after members of a media pool violated a courtroom order by showing Robinson’s shackles and getting close-ups of him talking to his attorneys. Graf relocated cameras to the rear of the courtroom, behind Robinson, making it much harder to get images of him.
But the judge has sided with the media on other matters. He rejected attempts by Robinson’s attorneys to prevent the release of transcripts from closed door hearings in the case. And Graf said in December that transparency was “foundational” to the judicial system.
Prior to his death, Kirk, 31, and the conservative youth movement he founded, Turning Point USA, emerged as a major force in U.S. politics that was considered instrumental in getting U.S. President Donald Trump elected to a second term. Prosecutors intend to seek the death penalty if Robinson is convicted. He’s charged with crimes including aggravated murder and has not yet entered a plea.
Accusations Robinson targeted Kirk over his political views have amplified interest in the case, which in turn has stoked the long-running dispute over cameras inside major trials.
Photos and videos have exposed the inner workings of some of America’s most spectacular criminal cases, from the Lindbergh baby kidnapping trial to O.J. Simpson’s double murder trial. They’ve also created tensions between transparency advocates and defence attorneys eager to shield clients from bad publicity.
The stakes are especially high in death penalty cases such as Robinson’s, where a jury can consider the defendant’s character as part of its determination. Footage of Robinson apparently smirking while talking to his attorneys during a December hearing elicited comments on Fox News that he was unremorseful and treated Kirk “like a trophy.”
The Constitution gives greater weight to a defendant’s rights to a fair trial than the public’s right to know what’s happening in a case. Nevertheless, cameras have become much more common in state courts in recent years.
They are generally barred in federal criminal trials. Under a New York state law, Trump’s trial and 2024 conviction in a hush money case was famously closed to cameras while court was in session. Media organizations used sketch artists to capture the scene.
Judges typically retain broad discretion over which parts of a case can be broadcast and who can be filmed or photographed.
Graf also on Friday is set to rule on a defence request to delay Robinson’s preliminary hearing, which is now set for May. Prosecutors during that hearing must show they have enough evidence to proceed to trial.
Authorities have said DNA consistent with Robinson’s was found on the trigger of the rifle, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle. But Robinson’s attorneys say the hearing shouldn’t take place until federal law enforcement agencies turn over more details about their DNA analysis.
A delay could stall the case months.
Prosecutors say they have sufficient proof beyond DNA to convict Robinson. That includes surveillance video and a handwritten note he allegedly left for his romantic partner confessing to the crime.
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Matthew Brown and Hannah Schoenbaum, The Associated Press
Brown reported from Billings, Montana.
