Accused Charlie Kirk shooter seeks to push back preliminary hearing

(CN) — Prosecutors in the Charlie Kirk murder case on Friday argued against defense attorney attempts to postpone a May preliminary hearing for the man accused in the shooting death of the conservative leader.

Attorneys for Tyler Robinson, 23, asked Fourth District Judge Tony Graf Jr. to delay the preliminary hearing for several months, saying they still have not received key evidence needed to proceed.

Prosecutors said the standard for a preliminary hearing is low and they need only present enough core evidence to establish probable cause. Robinson’s attorneys countered they cannot effectively question witnesses without the DNA evidence they say has not yet been turned over.

Robinson is also seeking to limit media access to the court proceedings. At Friday’s hearing, attorneys questioned witnesses about prior news coverage, with the defense arguing negative reports could prejudice the jury pool.

Graf made no decision on either issue, saying he’d rule on May 8.

Robinson faces the death penalty in connection with the Sept. 10, 2025, fatal shooting of Kirk at an outdoor rally at Utah Valley University. Kirk was a co-founder of Turning Point USA and a prominent conservative figure.

Deputy Utah County Attorney Ryan McBride opposed delaying the preliminary hearing, saying the evidence he plans to present is limited to confessions, video, physical evidence and DNA.

McBride also cited a note Robinson left for his roommate and lover.

“’I had the opportunity to take out Charlie Kirk and I took it,’” McBride said of the note.

Robinson and his roommate also texted after the shooting. In those texts, Robinson said he shot Kirk and left the rifle near the scene, intending to collect the gun before returning home, McBride said.

Additionally, Robinson confessed to a group of people on a messaging app, the prosecutor said.

“’I did it, thanks for all the good times and goodbye,’” McBride said of the message.

Robinson also told a former law enforcement officer, he added.

Additionally, McBride pointed to video surveillance and physical evidence linking Robinson to the shooting.

He said a video taken at Utah Valley University captured Robinson arriving around 7 a.m. Sept. 10. Robinson’s vehicle and clothes are visible.

“The same clothing he’s wearing when he turns himself in the next day,” McBride added.

Robinson is seen again wearing different clothes but the same shoes. He’s limping because of a rifle concealed in his pants, the prosecutor said.

Authorities later recovered a rifle at the scene, along with shell casings etched with political messages. A search of Robinson’s home after his arrest turned up ammunition of the same make and model, McBride said.

McBride argued that three categories of evidence — confessions, video and physical evidence — are unrelated to Robinson’s request for a delay. He said only the fourth category, DNA evidence, is relevant.

According to McBride, the DNA evidence includes analysis linking Robinson to the rifle, a towel found with it and a screwdriver recovered from the location where the fatal shot was fired.

“There’s probable cause regardless,” McBride said.

Representing Robinson, attorney Richard Novak pointed to DNA evidence as critical to his client’s case during the preliminary hearing. He argued the judge should postpone it, as the defense team hasn’t received discovery — evidence provided by prosecutors — and its own DNA experts have had no time to review it.

“It is clear that Mr. Robinson is prejudiced by the preliminary hearing going forward as scheduled at this point,” Novak said.

Novak said summary reports on the evidence exist, but the underlying electronic data has not yet been turned over by federal authorities. Without that data, prosecutors cannot provide it to the defense.

Novak added that Robinson has the right to question witnesses at the preliminary hearing, including expert witnesses who could testify about that evidence. But he argued the hearing would be meaningless without the evidence itself and several months to review it.

Other defense attorneys said they need at least four months to prepare. Attorney Kathy Nester said the team also has not yet examined the weapon used in the shooting.

“I think that’s really important for purposes of the preliminary hearing,” she added.

Evidence in the case also played a large role in Robinson’s attempt to restrict media access to the courtroom.

Robinson is seeking to keep cameras out of the courtroom, calling a witness to testify about how media reports have improperly depicted aspects of the case and advanced the prosecution’s narrative.

Bryan Edelman, a trial consultant, called some media reports sensational and ridiculous. In one report, a body-language expert opined about Robinson’s blinking and breathing habits, calling them odd for a high-pressure courtroom scene.

“And this is all based on him watching a Webex for a couple of seconds,” Edelman added.

Edelman also pointed to the media’s focus on the texts exchanged between Robinson and his roommate. He said the media kept mentioning the texts, even though they did not appear in certain court proceedings. That could confuse a jury. Some media outlets also offered opinions on what evidence could reach a jury.

Edelman conducted a survey to assess the impact of media coverage on the Utah County jury pool, focusing on people’s views of Robinson.

Under cross-examination, Chief Deputy County Attorney Chad Grunander asked Edelman questions about some people who gave negative opinions about Kirk in that survey. Edelman said over 60% had positive opinions about Kirk, while some 25% had negative ones.

Grunander later argued that someone with negative feelings toward Kirk might be more likely to favor Robinson.

“You can cherry-pick as many as you like,” Edelman said. “I’m sure there’s an array of many different things in there.”