Accused Charlie Kirk shooter seeks delay and camera ban as prosecution touts "mountain of proof"

By 
, April 17, 2026 
Category:

Tyler Robinson, the man charged with assassinating conservative activist Charlie Kirk last September, appeared in a Provo, Utah, courtroom Friday morning and watched as his defense team asked a judge to push back next month's preliminary hearing and ban news cameras from the proceedings. Prosecutors opposed both moves, telling the court that further delay would erode witness memories and deny the victim's family the speedy resolution they deserve.

Robinson arrived at the 4th District Court shortly before 9 a.m. in an armored vehicle flanked by a police escort. Fourteen armed SWAT members were observed at the courthouse, including snipers positioned on nearby rooftops, a security posture that underscored the gravity of a case that has gripped the nation since Kirk, the 31-year-old founder of Turning Point USA, was shot and killed while speaking at Utah Valley University on September 10, 2025.

Judge Tony Graf set a strict schedule for the day. Each side got 30 minutes to argue over whether the preliminary hearing should be delayed. The court then allocated two hours per side for testimony and arguments on the camera question, with a 15-minute window for media outlets to respond. Graf said he would issue a final ruling later via WebEx.

Defense says it hasn't even seen the gun

Defense attorney Richard Novak opened the hearing by arguing that prosecutors had failed to hand over critical digital DNA data held by the FBI and ATF. He told the judge the defense knew the files existed because federal agencies had produced summary reports dating to September, but the underlying data itself had never been turned over.

Fox News Digital reported that Novak framed the request as narrow and reasonable:

"We're not asking somebody to go looking for a needle in a haystack. We know that these data files exist because we have summary FBI and ATF reports summarizing the data analysis that go all the way back to September."

Fellow defense attorney Staci Visser told the court the team needed "at least four months to finish processing" the evidence. She described the scale of the case in blunt terms:

"We're dealing with dozens of law enforcement agencies, hundreds of reports."

But the most striking disclosure came from lead defense attorney Kathryn "Kathy" Nester. She told Judge Graf that the defense had never physically examined the rifle allegedly used to kill Kirk, which she said remains at the FBI's Quantico facility. Nester also said she had not been able to access Robinson's phone because the electronic data was so massive it required shipping large hard drives from a digital expert, drives she had not yet reviewed.

Nester told the court the gap in her preparation concerned her, "especially because the state's indicated they may call individuals uniquely connected to my client." The admission raised an obvious question: how can a capital defense team prepare for a preliminary hearing when it has not inspected the alleged weapon or its own client's phone?

Physical evidence previously disclosed in the case includes fingerprints and a palm print found near the rooftop from which prosecutors say the fatal shot was fired.

Prosecution: "Justice delayed is justice denied"

Deputy Utah County Attorney Ryan McBride pushed back hard. He told the judge the defense was seeking a six-month delay and argued that the state had already assembled a "mountain of proof." McBride laid out four categories of evidence he said tied Robinson to the killing.

First, surveillance footage. McBride said video from the University of Utah allegedly showed Robinson. Second, ammunition matching. Third, what prosecutors described as written confessions. And fourth, DNA matches from the FBI on the weapon and a nearby screwdriver. AP News reported that the prosecution's evidence also includes alleged confessions posted on Discord and a handwritten note confessing to the crime.

McBride invoked a familiar legal maxim from the bench:

"Justice delayed is justice denied. I don't think that just because it's a capital case, you throw, you know, the baby out with the bathwater here."

Prosecutors also presented text messages they attributed to Robinson, allegedly sent to his romantic partner, Lance Twiggs. In one, Robinson purportedly wrote: "Stuck in Orem for a little while longer yet." In another: "Shouldn't be long until I can come home, but I gotta grab my rifle still." Twiggs, prosecutors have said, is cooperating with investigators and has not been charged.

The prosecution further described physical evidence found in the woods in the direction the suspect allegedly fled, a location where the suspected weapon was recovered. Prosecutors said the scene was "consistent with a sniper having lain [there], impressions in the gravel potentially left by the elbows, knees and feet of a person in a prone shooting position."

Observers in the courtroom noted that Robinson's mother, Amber Robinson, fidgeted in her seat during McBride's argument and whispered to a family member. She nodded during the defense's request for more time. Robinson's father, Matt Robinson, looked tense. At one point, Amber Robinson was heard saying, "He was not wearing shorts," though the context of the remark was unclear.

The camera fight and the "reality TV" claim

The second half of Friday's hearing turned to the defense's motion to ban cameras from the courtroom. Defense attorney Michael Burt told Judge Graf there were more than 3,000 witnesses, roughly the size of the crowd when Kirk was shot, and that the defense had surveyed only two of them about privacy concerns.

The defense called social psychologist Dr. Bryan Edelman, who testified that news coverage of the Kirk killing and Robinson had been widespread and "sensationalized." Edelman has worked on high-profile cases before, including Bryan Kohberger's successful motion for a change of venue in the Idaho student murders and the trial of Buffalo mass shooter Payton Gendron.

During Edelman's presentation, clips from NBC News, ABC News, CNN, KSTU-TV, and Fox News were played in the courtroom. Robinson, who had been seen smiling and talking with Nester earlier in the day, appeared to begin fidgeting during a KSTU-TV segment. His mother teared up and held a tissue during an ABC News clip.

Defense consultant Edelman told the court the media environment around the case resembled entertainment more than journalism. As AP News noted, Edelman argued the coverage was "creating outside the courtroom a reality TV show."

The defense's push to limit public access has been a recurring theme. In March, Graf refused to seal a defense filing that sought to exclude cameras, ruling that Robinson's lawyers had not shown enough to overcome the public's presumptive right of access to court records and proceedings. That earlier ruling, however, left open the possibility that portions of Friday's hearing itself could be closed, a question Graf was still weighing.

Graf had already allowed one news camera for Friday's hearing, on the condition that it not record private conversations or the faces of Robinson's family members seated in the front row. Two groups of media outlets, including one that counted Fox News among its members, moved to keep cameras in the courtroom. Erika Kirk, Charlie Kirk's 37-year-old widow and the designated victim's representative, asked the court to safeguard meaningful media access as the case moves forward.

A judge in this case has previously suggested that Robinson's defense team was wasting the court's time, a pattern that Friday's hearing did little to dispel.

A case that has already been delayed repeatedly

Robinson faces charges of aggravated murder, felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering, and committing a violent offense in the presence of a child. If convicted of aggravated murder, he could face the death penalty. Prosecutors have confirmed they intend to seek it.

The preliminary hearing has already been postponed multiple times since Robinson's arrest in September 2025. The defense's latest request for four to six additional months would push the hearing deep into fall 2026, more than a year after Kirk was gunned down in front of roughly 3,000 people at a Turning Point USA event.

The political reverberations of Kirk's killing have been enormous. President Donald Trump posthumously awarded Kirk the Presidential Medal of Freedom in a Rose Garden ceremony on October 14, 2025, a tribute to the young activist's influence on a generation of conservative voters. Kirk's widow appeared emotional at the event. The honor reflected Kirk's role as a driving force behind religious and political engagement among young Americans.

The case has also produced bizarre side stories, including the sentencing of a man named George Zinn, who falsely claimed involvement in the Kirk shooting and was later convicted on unrelated child exploitation charges.

What comes next

Judge Graf did not rule from the bench Friday on either the delay or the camera ban. Both decisions will come later via WebEx. Nester acknowledged she had been occupied with another trial, the case of Kouri Richins, a Utah children's book author found guilty in March of poisoning her husband with a fentanyl-laced drink, which she said contributed to the defense's need for more preparation time.

The open questions are significant. The defense says it has never inspected the alleged weapon. It says it has not reviewed its own client's phone. It says it has barely begun to contact more than 3,000 potential witnesses. The prosecution says the evidence is overwhelming and that every month of delay erodes the memories of the people who watched Kirk fall.

Charlie Kirk's family, the thousands who saw him shot, and the public watching this case deserve a trial that is both fair and timely. So far, only one side seems interested in both.

About Alan Benson

STAY UPDATED

Subscribe to our newsletter and receive exclusive content directly in your inbox