SALT LAKE CITY (AP) — A Utah judge will decide Friday whether news outlets can continue to film, film and broadcast the high-profile murder case against the man accused of killing conservative activist Charlie Kirk.
Tyler Robinson’s attorneys argued that potential jurors may be biased by biased stories and online comments that paint the defendant as evil or unapologetic based on his appearance and behavior in court. They said the live broadcast fueled those stories and interfered with Robinson’s right to a fair trial.
Media organizations, prosecutors and Kirk’s widow, Erica Kirk, want the photos allowed. They argue that transparency is the best way to guard against conspiracy theories since Kirk was fatally shot in the neck on Sept. 10 while delivering a speech to thousands of students at Utah Valley University in Orem.
State District Judge Tony Graf had already tightened rules on cameras after members of the media group violated a court order by showing Robinson’s shackles and filming close-ups of him talking to his attorneys. Graff relocated the camera to the back of the courtroom, behind Robinson, making it more difficult to photograph him.
But the judge sided with the media on other issues. He rejected attempts by Robinson’s lawyers to block the release of transcripts of closed hearings in the case. Graf said in December that transparency was “fundamental” to the justice system.
Before his death, Kirk, 31, and the conservative youth movement he founded, Turning Point USA, had become a major force in American politics and were credited with playing a major role in President Donald Trump’s re-election. Prosecutors plan to seek the death penalty if Robinson is convicted. He has been charged with aggravated murder and has yet to plead guilty.
Robinson was charged because of Kirk’s political views, which increased interest in the case and sparked a long-running controversy over cameras in major trials.
Photos and videos reveal the inner workings of some of America’s most high-profile criminal cases, from the Lindbergh baby kidnapping trial to the O.J. Simpson double murder trial. They also create tensions between transparency advocates and defense attorneys eager to protect clients from bad publicity.
The stakes are especially high in capital cases like Robinson’s, where jurors can use a defendant’s character as part of their decision. Video of Robinson visibly smirking while talking to his attorneys during a hearing in December drew comments from Fox News that he showed no remorse and viewed Kirk as a “trophy.”
The Constitution places greater weight on a defendant’s right to a fair trial than on the public’s right to know the circumstances of the case. Still, cameras have become increasingly common in state courthouses in recent years.
They are generally barred from participating in federal criminal trials. Under New York state law, cameras in Trump’s hush-money trial and 2024 conviction will not be released during court sessions. Media organizations use sketch artists to capture the scene.
Judges often retain broad discretion over which parts of a case can be broadcast and who can be filmed or photographed.
Graf will also rule Friday on a defense request to delay Robinson’s preliminary hearing, which is currently scheduled for May. Prosecutors must prove at the hearing that they have enough evidence to proceed to trial.
Authorities said DNA consistent with Robinson was found on the rifle’s trigger, a fired shell casing, two unfired bullets and a towel used to wrap the rifle. But Robinson’s attorney said the hearing should not take place until federal law enforcement agencies provide more details about the DNA analysis.
Delays can drag out cases for months.
Prosecutors say they have enough evidence beyond DNA to convict Robinson. It included surveillance footage and a handwritten note he allegedly left for his lover, admitting to the crime. ___
Brown reported from Billings, Montana.