Tyler Robinson, the 22-year-old man accused of killing Charlie Kirk, will be allowed to wear plain clothes at his court appearances rather than a jail jumpsuit, a Utah judge ruled Monday. But, the judge ruled, Robinson can still be visibly shackled when he’s in the courtroom.
Robinson’s defense attorneys had asked 4th District Judge Tony Graf to allow their client to wear civilian clothes during his court hearings, and to appear unshackled, in order to preserve his rights to a fair trial and not taint a potential jury. They argued that the case has received intense and unrelenting worldwide attention, and that their request was necessary to maintain his presumption of innocence and protect his rights.
Utah County prosecutors opposed that request and argued that jail clothing assists with “safety and identification,” Graf said during a Monday court hearing.
The judge ultimately decided that Robinson’s right to a fair trial outweighed the “minimal inconvenience” that it would cause the Utah County Sheriff’s Office, which is in charge of security and transporting Robinson.
“Mr. Robinson shall be dressed as someone who is presumed innocent,” Graf announced during a Monday hearing.
But Graf denied the defense team’s request for Robinson to appear in court without shackles, saying it was a safety risk. Instead, he prohibited the news media from taking photographs or video footage of any restraints that Robinson may be wearing, and said journalists could not film or photograph him entering or exiting the courtroom — moments when handcuffs and ankle restraints would be likely visible.
Attorneys had also asked Graf to consider banning cameras in the courtroom altogether; Graf said Monday that the issue wasn’t ready to be ruled on, and if the prosecution and defense wants to seek a blanket camera ban, they can file a joint motion later.
Robinson is accused of shooting Kirk, the controversial Turning Point USA founder, on Sept. 10 while Kirk was speaking in front of thousands at Utah Valley University. Utah County prosecutors charged him with seven counts, including aggravated murder, and he faces a potential death sentence if he’s convicted.
His defense attorneys argued that there have been thousands of instances of “pretrial publicity” that have “relentlessly focused” on Robinson’s demeanor and appearance during his first court hearing, where he appeared via a video feed from Utah County jail wearing a jail suicide-prevention smock. The hearing was livestreamed online and has drawn wide discussion and commentary on social media.
Robinson’s attorneys argue that the amount of attention on this case has caused a “content tornado” which has mixed accurate information with exaggerated and fake images online.
(Left: Trent Nelson | The Salt Lake Tribune; right: Utah County Sheriff's Office) Kathryn Nester, left, leads Tyler Robinson's defense team and had asked that Robinson, right, be be allowed to wear plain clothes during court hearings.
Robinson was supposed to have his next court hearing on Thursday, but that date was canceled at his attorneys’ request. Defense attorney Kathryn Nester declined to comment about why they asked for the delay. Graf announced Monday that the next hearing will be on Jan. 16.
Robinson is expected to appear in person at that hearing. That will be the first time the 22-year-old appears publicly in a courtroom, as he has listened to his previous court hearings so far via a video feed from the jail.
During Monday’s hearing, the jail turned off Robinson’s camera so he was not seen. He did not speak during the hearing, besides saying, “Yes, I can,” when the judge asked if he could hear the proceedings.