Judge in Charlie Kirk murder case says he will ensure ‘justice is never compromised’ in prosecution of Tyler Robinson

Provo • Fourth District Judge Tony Graf took the bench for the first time in his new role less than two months ago. Now he’s overseeing one of the most high-profile criminal cases in the country.

And at the end of a brief hearing Monday in Provo for Tyler Robinson, accused of fatally shooting conservative activist Charlie Kirk, the new judge paused to make a pledge about how he will handle the proceedings in the spotlight.

Kirk’s slaying on Sept. 10 has fueled political tensions across the nation, with President Donald Trump hailing him as a Christian “martyr” as others — including temporarily suspended late-night talk show host Jimmy Kimmel — have criticized the administration’s response or debated Kirk’s legacy.

Robinson, 22, is charged with aggravated murder and other counts in Kirk’s death at Utah Valley University. A conviction for aggravated murder carries a potential death penalty — which Trump, Utah Gov. Spencer Cox and other politicians urged before and after police identified Robinson as a suspect.

In future hearings, the judge intends “to only speak when I’m needed or it is necessary,” he said. “But today,” Graf added, “I wish to provide guidance and expectations that you can have from this court.”

Going forward, “Mr. Robinson’s constitutional rights will be protected at every stage,” the judge vowed. “He sits before this court presumed innocent and that presumption remains unless and until each element of every offense charged against him is proved beyond a reasonable doubt.”

“At the same time, and as applicable, victims are entitled under our constitution to be treated with fairness, respect and dignity, free from harassment or abuse. Justice demands that both of those principles, the rights of the accused and the right of the victim, be honored without compromise.

“I remain steadfast in my oath that I made 56 days ago to support and defend the constitutions of the United States and of Utah.”

[Read more: See the unusual security outside the court hearing for Tyler Robinson, accused in Charlie Kirk killing]

Graf vowed to carry out his duties “with fidelity, transparency and impartiality, treating every person who appears before me with the dignity and respect they are inherently due because they are human beings.

“Let me be clear: I will not put my finger on the scale of justice. These proceedings will be open to the public, conducted in accordance with the law, and handled with diligence and competence to ensure that justice is never compromised.”

Regardless of who is watching, he told the prosecutors and defense attorneys in the case, “whether it is the nation or a single individual, we must fulfill our roles with integrity, civility and diligence.

“I encourage each of you to give your very best to this case. Neither Mr. Robinson nor the people of Utah deserve anything less than the fair and impartial administration of justice.”

‘Voluminous’ evidence has been gathered

As his court hearing took place, Robinson was listening via a video feed from the Utah County jail in nearby Spanish Fork but his camera was turned off.

He has been in the jail since he was arrested two days after police say he fatally shot Kirk in front of thousands of people at Utah Valley University.

[Read more: ‘I saw everything’: 911 calls after Kirk shooting capture panic on and beyond campus]

Besides aggravated murder, the seven counts he faces accuse him of illegally discharging a firearm, obstructing justice, witness tampering and committing violence in the presence of children.

Robinson was scheduled for what’s called a waiver hearing. Typically at such hearings, a judge will ask whether the defendant wants a preliminary hearing — where prosecutors would present some of their evidence and testimony so the judge can determine whether there’s enough evidence for the case to move forward to trial.

The prosecution and the defense met before Monday’s hearing to discuss how evidence will be shared, said Chad Grunander, criminal division chief in the Utah County Attorney’s Office.

“It’s voluminous to say the least,” he said, “and we’re working on a process where we can exchange information as quickly as possible and be efficient in that process.”

Prominent Utah defense attorney Kathryn Nester, who represents Robinson under a contract with the county, said, “It’s not our intent to waive a preliminary hearing in this matter.”

But Nester said it’s likely the defense team will need more time to review evidence before scheduling that hearing. “It’s my understanding from our meeting today that there is massive amounts of digital [evidence] that is going to be coming,” Nester said.

Graf scheduled Robinson’s next hearing for Oct. 30. Nester told Graf she would like Robinson to attend in person.

Grunander said he appreciated Graf’s comments. “We commit to approach this case with integrity, with professionalism and civility,” he said. “We are truth seekers. We will aggressively pursue the truth in this case.”

Nester and Utah County Attorney Jeff Gray declined to comment outside the courtroom.

Unusual security

Monday’s court hearing was open to the public — and there was visibly tighter security throughout the courthouse.

Outside the courthouse, officers watched the surrounding area from a balcony; a dog patrolled with an officer outdoors and in the courthouse halls.

Graf also put extra limitations in his courtroom ahead of Monday’s hearing.

He prohibited spectators from bringing in any kind of bag, and disallowed any kind of face coverings that could obscure someone’s identity — unusual measures taken for a district court hearing.

Spectators were also not allowed to bring signs or wear buttons or T-shirts showing support or disapproval for either Robinson or Kirk, or the death penalty generally. (This restriction is more common in Utah courtrooms.) The courtroom, however, was mostly filled with journalists and no one seemed to be actively promoting either side.

Robinson was never visible during Monday’s hearing; he did not appear in person at the request of the defense. At his first court appearance earlier this month, Robinson also had stayed at the jail but was visible via the video feed.

Graf said Monday it is the “standing order of this court” that Robinson “shall be allowed to appear in person so he can fully engage with his attorneys and participate in these legal proceedings.”

Who are the judge and attorneys on the case?

Cox appointed Graf to the bench in 4th District Court in May. Before entering the judiciary, Graf was a deputy county attorney for Davis County, specializing in physical and sexual abuse cases, according to his biography on the state courts’ website.

Prior to that, he led the special victims unit in the Utah County Attorney’s Office and was a deputy district attorney for Salt Lake County. He has also served as assistant attorney general in American Samoa, a deputy district attorney in Lincoln County, Nevada, and special assistant for the U.S. attorney’s office in Washington D.C. He was also once the president of the Utah Minority Bar Association.

Last week, the Utah County Commission approved a contract for Nester to represent Robinson. Graf has determined that Robinson can’t afford his own attorney, so Utah County is constitutionally required to provide him a qualified legal team.

On Friday, Nester and two other public defenders filed required paperwork with the courts detailing their qualifications to handle death penalty defense. Nester noted that she has been lead or co-counsel on nine aggravated murder cases across the country, including a federal case in Utah.

Two California attorneys with deep experience in death penalty defense also have signed on to the case, according to court records: Michael N. Burt, who in court filings said he has been resource counsel for federal death penalty cases since 2001, assisting lawyers around the country in federal capital cases, and Richard G. Novak, who wrote in an affidavit describing his experience that he has been lead or co-counsel in over 25 death-eligible cases in federal courts in Alaska, Arizona, Nevada and California.

Utah County officials have estimated that it could cost more than a million dollars for both the prosecution and defense in Robinson’s case.

In addition to Grunander, the prosecution includes Ryan McBride, Lauren Hunt and David Sturgill — all longtime Utah County prosecutors who have worked on homicide and sex crimes cases.

A fifth deputy Utah County Attorney listed in court records, Chris Ballard, spent much of his career working on criminal appeals for the Utah attorney general’s office before working at the county prosecutors’ office.

‘Public pressure’

Graf’s declaration about a fair court process comes after Cox called at least twice for Kirk’s killer to face the death penalty — once the day of the shooting and again the next evening, before Robinson had been booked into jail.

Trump also said on FOX & Friends on Sept. 12, the morning he announced Robinson’s arrest, that Robinson should be sentenced to death.

Utah defense attorney Mark Moffat, who is not working on the Robinson case, had told The Tribune that such statements create “public pressure and public expectation that the death penalty is going to be pursued.”

When Gray announced his charging decision days later at his own news conference, including the office’s intent to pursue the death penalty, he said he chose it ”independently as county attorney based solely on the available evidence and circumstances and nature of the crime.”