PROVO, Utah (AP) — The man accused of killing Charlie Kirk wants a judge to ban cameras from the courtroom and says live broadcasts of the prosecution are violating his right to a fair trial.
Tyler Robinson was back in state court in Utah Friday as his attorneys asked to delay his May preliminary hearing and pressed their claims that biased coverage is tainting potential jurors in his aggravated murder case.
Among numerous examples cited was a New York Post story they say suggested Robinson confessed to Kirk's killing during a courtroom conversation on Dec. 11, in his first appearance after being charged. The conversation with his attorneys was inaudible, but the story cited a “lip reading analysis” to support its claim that Robinson said, “I think about the shooting daily.”
“The predominant purpose being served by the live stream coverage has not been the educational reporting of the court proceedings, but rather advertising profit, sensationalism, political agendas, and, most prominently, the vilification of Mr. Robinson,” his attorneys wrote in their request to bar cameras.
Prosecutors intend to seek the death penalty for Robinson should he be convicted in the Sept. 10 shooting of the conservative activist, who was addressing a crowd of thousands on the Utah Valley University campus in Orem.
Robinson, who turned 23 on Thursday, has not yet entered a plea. A trial date has not been set.
Media sensationalism around the case has cut both ways. In a March 30 headline, the U.K.-based Daily Mail reported the bullet that killed Kirk “did NOT match” a rifle allegedly used by Robinson. The story was based on an inconclusive, preliminary finding by ballistics experts and led to speculation about Robinson's possible exoneration. The FBI is running additional tests, according to court documents.
Media organizations, prosecutors and Kirk's widow, Erika Kirk, want the court to allow cameras. They argue the best way to guard against the misinformation and conspiracy theories that concern Robinson's defense team is to make the process transparent.
Yet livestreaming by media outlets already has tested the patience of Judge Tony Graf.
During the December hearing, Graf temporarily stopped the livestream after it showed the defendant’s shackles in violation of a courtroom decorum order.
A January hearing was interrupted when Robinson's attorneys said close-up shots of Robinson being livestreamed by a local television station could again lead to claims based on lip reading. That, too, was a violation of Graf's decorum order. The judge ordered the camera operator not to film Robinson for the remainder of the hearing.
In recent hearings and again Friday, pool cameras for the media were stationed at the rear of the courtroom, behind Robinson. Graf also made camera operators come before him to acknowledge they understand the rules.
Mike Judd, a lawyer for a coalition of media organizations including The Associated Press that are fighting to preserve access, said Graf so far has focused on whether his rules inside the courtroom are being followed, not what the media is saying outside of court.
“The court can do all of that in order to try to control what gets fed into that media ecosystem,” Judd said. “You reduce the likelihood of somebody publishing things that you think may be of potentially biasing concern later on.”
Policies on cameras and livestreaming vary among states. Cameras are generally prohibited in federal courts.
“There's Supreme Court precedent that says courts generally need to be open to the public, but that's not an absolute right,” said University of Utah law professor Teneille Brown. “Even if they allow public access, that does not equal a right to broadcast or record.”
The preliminary hearing scheduled for May is for prosecutors to 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 the defense argued Friday it cannot move forward with the hearing until law enforcement agencies turn over more details about their DNA analysis of evidence.
Prosecutors responded that they have sufficient proof beyond DNA to tie Robinson to Kirk's killing. That includes surveillance video of Robinson at UVU from the morning of the shooting wearing the same clothes as when he turned himself in. And Robinson left a handwritten note for his lover confessing to the crime before it happened, and also confessed to friends on the chatroom platform Discord, prosecutors said.
Rescheduling the preliminary hearing could delay the proceedings six months, Deputy Utah County Attorney Ryan McBride said.
“Justice delayed is justice denied,” he added.
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Brown reported from Billings, Montana.
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