Estimated read time: 4-5 minutes
- Tyler Robinson's preliminary hearing is postponed to July 6-10 from May 18.
- Judge Tony Graf allows cameras in court during Robinson's capital murder case.
- Robinson faces charges for killing Charlie Kirk at Utah Valley University Sept. 10.
PROVO — The preliminary hearing for Tyler Robinson will be delayed for about a month and a half, but cameras and microphones will continue to be allowed in the courtroom during his proceedings.
Fourth District Judge Tony Graf on Friday announced two rulings regarding Robinson's capital murder case, agreeing to postpone his preliminary hearing scheduled to begin in less than two weeks and to continue to allow electronic media coverage in the courtroom.
Robinson, 23, is accused of shooting and killing political activist Charlie Kirk at Utah Valley University on Sept. 10, 2025. He is charged with capital murder and faces a potential death sentence if convicted.
The preliminary hearing, originally scheduled to begin on May 18, will now be held July 6-10.
During a preliminary hearing, a judge determines if there is enough probable cause to order a defendant to stand trial on the charges levied against him or her. The bar that prosecutors have to meet to establish probable cause is extremely low during the preliminary hearing stage, and the state typically does not present all of its evidence at that time.
The Utah County Attorney's Office had argued because of the low threshold it had to meet during a preliminary hearing that it should proceed as scheduled because of the overwhelming amount of evidence already collected.
Prosecutors have said they would not present any DNA evidence at the preliminary hearing if that would help avoid a delay, contending they have plenty of other evidence for the case to be bound over for trial even without it.
Watch Friday's hearing streamed live here:
Prosecution witnesses for preliminary hearing
Prior to Graf's rulings on Friday, both the state and Robinson's defense team had already made several court filings in preparation for the hearing.
This week, the Utah County Attorney's Office has identified six witnesses it intends to call to the stand during the preliminary hearing and the exhibits the prosecutors plan to introduce, including:
- Lance Twiggs, who was Robinson's roommate at the time Kirk was killed. According to court documents, prosecutors will show a recorded interview with Twiggs rather than have him testify in person. After Robinson allegedly shot Kirk, investigators believe he messaged Twiggs and confessed.
- Four agents from the Utah State Bureau of Investigation.
- A Utah Valley University police officer.
- Photos and videos from UVU — including exhibits described as "photo of sniper perch" and "photo of rifle in bushes."
- Text messages between Robinson and Twiggs.
- Photographs of notes.
Robinson, who has already filed a motion asking for portions of the preliminary hearing to be closed to the public, also filed a motion this week "to sanction the admissibility of hearsay evidence."
"This motion is made on the ground that the use of hearsay evidence to establish probable cause at a preliminary hearing in a capital case violates the Fourth, Sixth, Eighth and 14th Amendments to the United States Constitution, and separation of powers principles," according to court documents. Those amendments protect Robinson's due process rights and right to a fair trial and from unreasonable search and seizure.
The state, prior to Graf's rulings on Friday, objected to Robinson's requests to close portions of the preliminary and not allow hearsay evidence.
"Yet again, (Robinson) has ignored the procedural rules and filed a motion regarding a soon-to-be-held hearing that does not allow enough time for the motion to be fully briefed and for the court to adequately consider the motion. The court should not continue to countenance this abusive practice. Rather, it should deny the motion as untimely," prosecutors argued in their opposition.
In addition to the defense team being untimely, the Utah County Attorney's Office also said Friday that Robinson fails to cite "the specific portions of the preliminary hearing that he believes should be closed or the particular exhibits he believes should be sealed. Nor does defendant explain how failure to take those measures with respect to any particular piece of evidence will prejudice his right to a fair trial."
In January, Robinson 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.
Robinson contends that "highly sensational" electronic media coverage threatens his due process and his rights to a fair and impartial jury. Prosecutors, however, argue that the publicity surrounding the case is exactly why the proceedings need to remain transparent.
Robinson was listening to Friday's hearing via WebEx from the Utah County Jail, but the judge granted the defense's request to turn off his video monitor during the hearing.
This story will be updated.
