PROVO, Utah (AP) — On Friday, lawyers representing Tyler Robinson, the man accused of murdering conservative activist Charlie Kirk, raised doubts about the prosecution's case during a preliminary hearing. A prosecutor responded by asserting that there is "overwhelming" evidence against Robinson, including DNA test results and alleged confessions. Judge Tony Graf is expected to decide on September 1 whether the case should proceed to trial.
Charlie Kirk, 31, was shot while speaking to a large audience at Utah Valley University on September 10. Robinson faces charges of aggravated murder, which could result in the death penalty. The preliminary hearing concluded with an emotional moment as surveillance footage was shown in court, reportedly depicting Robinson on the rooftop from which he allegedly fired the bullet that struck Kirk in the neck.
Kirk’s widow, Erika Kirk, was visibly affected during the video presentation, and she shared a poignant moment with Kirk’s mother, Kathryn, as they comforted each other in court. The defense did not put forth alternative theories regarding Kirk's death but focused on undermining the reliability of the evidence presented by the prosecution. For instance, defense attorney Michael Burt challenged the validity of DNA analysis, questioning the possibility of contamination and emphasizing that DNA evidence isn't infallible.
Caitlin Oliver, a forensic biologist with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, affirmed the soundness of DNA testing, although Burt highlighted government policies that prevent analysts from stating a "zero error rate." Chief Deputy Utah County Attorney Chad Grunander contended that the prosecution had met its burden of proof, citing a compilation of evidence that he described as "devastating."
Robinson, who did not testify during the hearing, has yet to enter a plea. His legal team expressed their concerns over the potential impact of public statements made by witnesses, particularly from Robinson’s former roommate, Lance Twiggs. Testimony revealed that Twiggs documented a conversation in which Robinson expressed regret following the shooting and hinted at his involvement online just one hour before surrendering to authorities.
Investigators claimed that Robinson posted a comment in a Discord chatroom saying, “it was me at UVU yesterday" shortly after the shooting. Defense attorneys attempted to prevent the public release of these statements, arguing that they could jeopardize Robinson's right to a fair trial by being misconstrued as confessions of guilt.
During the proceedings, prosecutors highlighted that the shooting posed a danger to others at the event, an aggravating factor allowing for a potential death penalty sentence under Utah law. They also suggested that Robinson targeted Kirk specifically due to his political views. While Twiggs acknowledged that Robinson occasionally discussed politics, he stated that he never heard Robinson express interest in or comments about Kirk prior to the shooting.
The lengthy preliminary hearing has drawn significant media attention and public interest, with many spectators lining up overnight for limited seating in the courtroom. Legal experts noted that the hearing's duration reflects both the cautious approach of Judge Graf and the substantial volume of evidence presented. Rumors and unsubstantiated conspiracy theories surrounding the incident, including suggestions of a second shooter, have been fueled by the case’s high-profile nature. Legal scholar Paul Cassell suggested that the prosecution aimed to counteract these theories through a robust presentation of their case.
