- Judge Graf will release Tyler Robinson's October hearing transcript with redactions.
- Nearly 250 words will be redacted from the transcript for security reasons.
- Robinson's next hearing is set for Jan. 16 to discuss prosecution disqualification.
PROVO — Over 80 pages of transcript from Tyler Robinson's closed hearing in October will be released to the public.
On Monday, 4th District Judge Tony Graf announced his decision to redact nearly 250 words — or about one page worth — of transcript from the Oct. 24 hearing which lasted approximately two hours. The redacted transcript was expected to be released by the end of Monday.
Graf also agreed to release the audio from that hearing, but noted that may take up to two weeks for a redacted version to be prepared.
"This court notes the importance of the audio in addition to the transcript because hearing what was said and how it was said is equally important as just the transcript itself," the judge said.
Monday's hearing was conducted remotely. Graf agreed to the defense's request to turn off Robinson's video during the hearing, allowing him to make an "appearance" by audio only from the Utah County Jail. When Graf asked Robinson if he was present and could hear, he replied, "Yes, your honor," marking the only time during the hearing that he spoke.
Robinson, 22, of Washington, Washington County, is charged with shooting and killing Charlie Kirk on Sept. 10. Kirk, 31 — a conservative activist and co-founder of Turning Point USA — was sitting under a tent of an outdoor amphitheater-courtyard area at Utah Valley University, speaking in front of approximately 3,000 people, when he was shot in the neck by a gunman on the roof of the nearby Losee Center building.
On Oct. 24, attorneys for the state and Robinson held a closed door hearing to discuss such issues as Robinson being allowed to wear civilian clothes for all future hearings and whether he would be required to wear shackles during the hearings. His attorneys have argued that images of Robinson in jail clothing or shackles could potentially prejudice a potential jury.
During a hearing on Dec. 11, Graf considered arguments regarding whether audio and written transcripts of that Oct. 24 court hearing should be released to the public, as well as motions by attorneys representing KSL and other media to be recognized as limited party status interveners so they will automatically be notified of future proposals to close any court hearings to the public or proposals to classify any documents as private.
In announcing his decision on the first issue, Graf reminded attorneys for the state, Robinson and the media that the public has a presumptive right to access court records, but that right is not absolute. Graf agreed that portions of the October hearing in which court security are addressed would be redacted from the public transcript and audio.
"This case generates extraordinary national and international attention, some of which is threatening in nature to the parties," Graf said. "The safety and well-being of all involved in this matter outweighs the interests of the public that are served by open court records."
However, two requests by Robison's defense team to have information in the transcript that they claimed constitutes privacy issues were denied. Graf said in order for information to be redacted due to privacy issues, there must be "more than a desire to avoid annoyance, criticism, embarrassment and must serve to protect information of a highly sensitive nature." Two of the portions of the transcript that Robinson wanted to redact are "not of a highly personal or sensitive nature," the judge ruled.
In addition, Graf also denied a request to redact an additional four portions of the transcript on the basis that it would jeopardize Robinson's right to a fair trial.
"The court is unconvinced that the disclosure of the selected portions jeopardize that right," the judge said.
Graf denied the request, in part, because that information has already been released in court documents and at the Utah County attorney's press conference announcing the formal charges. The judge noted that those portions also refer to a "non-party participant" and that he considered whether to redact that part to protect the witness. But Graf said the information about the person has already been released, so redaction of that portion is a "moot" issue.
Also on Monday, Graf denied the request by attorneys for the media to be named as limited party interveners, saying that the press will already be notified of any motion for a court hearing to be closed. However, Graf also noted that attorneys for the media will not be notified of any motions to limit media coverage. Robinson's defense team previously said they anticipate filing a motion soon requesting that no cameras be allowed in the courtroom. If that happens, attorneys for the media will have seven days to file a motion in opposition or to request a hearing.
Robinson's next hearing is scheduled for an in-person setting on Jan. 16. During that hearing, the judge will consider the defense motion to have the Utah County Attorney's Office disqualified from prosecuting Robinson. Another hearing is scheduled on Feb. 3 for a yet-to-be-filed motion seeking to keep cameras out of the courtroom.
