PROVO — The judge in the Tyler Robinson capital murder case is expected to announce his decision Monday about whether portions of his upcoming preliminary hearing should be closed to the public.
Defense seeks trial delay
But as 4th District Judge Tony Graf prepares to make his ruling, Robinson and his defense team are asking for yet another delay — that all legal proceedings in the case, including the preliminary hearing, be put on hold while they make an appeal to the Utah Supreme Court over Graf's earlier decision to allow cameras in the courtroom.
Details of the murder charge
Robinson, 23, is accused of shooting and killing political activist Charlie Kirk on the campus of Utah Valley University on Sept. 10, 2025. He is charged with capital murder and faces a potential death sentence if convicted.
Upcoming court rulings and hearings
On May 19, Graf heard arguments in court on two issues — whether a full evidentiary hearing should be held to determine if the Utah County Attorney's Office should be held in contempt of court; and whether portions of Robinson's preliminary hearing, currently scheduled for July 6-10 after already being delayed once, should be closed to the public and some evidentiary items sealed.
The judge is expected to announce his decisions on those issues on Monday. Another hearing is also scheduled for June 12 to argue the issue of whether hearsay evidence from law enforcers will be allowed at the preliminary hearing and, if needed, for both sides to present evidence on the contempt issue depending on how he rules today.
Prosecutors argue against hearsay evidence
“Utah has allowed prosecutors to introduce reliable hearsay at preliminary hearings for more than 30 years. Federal prosecutors have introduced hearsay at preliminary hearings for over 50 years, and at grand jury proceedings since our nation's founding. Forty-four other states allow hearsay at preliminary hearings and grand jury proceedings. These well-established procedures are not unconstitutional,” prosecutors said in their motion filed last week opposing Robinson's effort to preclude hearsay evidence.
Appeal regarding courtroom cameras
Meanwhile, Robinson and his defense team are now asking Graf to put all proceedings on the case on hold while he asks the Utah Supreme Court to revisit the issues of cameras and microphones in the courtroom.
Robinson had filed a motion requesting that “television cameras and microphones, still photographers, radio microphones and other similar implements of the electronic or broadcast media” be kept out of the courtroom during his legal proceedings. A hearing was held on the issue on April 17. Graf denied the request on May 8.
On Friday, however, Robinson notified the court that he is appealing that decision to the state's high court and wants all proceedings in the case stayed — including the July preliminary hearing — until the high court decides whether to take up the issue.
Arguments for Supreme Court review
“Mr. Robinson asks the Utah Supreme Court to grant interlocutory review for three reasons: 1) Review is necessary to protect Mr. Robinson's fundamental federal and state constitutional rights to a fair and reliable trial by an impartial jury at both phases of his capital case; 2) It was error to deny Mr. Robinson's requested relief without reaching the constitutional issues; 3) This court's imposition of severe procedural restrictions violates Mr. Robinson's state and federal constitutional rights to procedural due process,” the defense argues in its motion.
During the April 17, Graf limited both the defense and prosecution to two hours a side to present evidence, including calling witnesses, and cross-examination.
