After attorneys asked a judge to limit media access in the criminal case against Tyler James Robinson, charged with the fatal shooting of Charlie Kirk at Utah Valley University, news organizations have banded together to argue to keep the case open.
Spearheaded by The Salt Lake Tribune and its reporter Jessica Schreifels, the coalition of 14 news organizations filed a motion Wednesday asking the court to notify them of any future requests to limit access to proceedings. Media attorney Michael Judd further asked 4th District Judge Tony F. Graf Jr. to allow the news organizations to weigh in on any closure requests.
The media group is a mix of local Utah outlets and national news organizations, including the New York Times, CNN, the Associated Press and Fox News.
Kirk’s death and the ensuing criminal proceedings against Robinson have garnered extraordinary media attention and coverage at the Provo courthouse where hearings have taken place.
“Unsurprisingly,” Judd wrote, “both parties have attempted to chip away at those access rights almost immediately.”
The group — formally called the “media intervenors” — also are “seeking relief for an infringement” the members said already happened.
That infringement, Judd argued, occurred when the Utah County Sheriff’s Office was allowed to file a court response under seal — where, a later legal filing revealed, the office requested that Graf limit media coverage in the courtroom so that Robinson’s appearance wouldn’t be made public.
The response was part of a larger legal argument about whether Robinson should be unshackled in court and allowed to wear plain clothes in an effort to keep his trial fair. Graf had allowed the sheriff’s office to file the motion under seal because law enforcement had also detailed security protocols in it.
It wasn’t publicly known that the sheriff’s office had suggested keeping cameras out of the courtroom until Robinson’s defense team mentioned that request in a public court filing — and echoed the same request that coverage be limited.
For now, Graf has declined to rule on the camera ban request. The judge ordered that Robinson can wear his own clothes, but he’s limited reporters from capturing images or video that show Robinson wearing shackles.
Judd noted in Wednesday’s filing that attorneys for the state and Robinson have also asked to make private the transcript and minutes of an Oct. 24 hearing — where these issues were argued in a closed hearing — instead of using limited redactions.
Robinson is facing multiple charges, including aggravated murder, in connection with Kirk’s Sept. 10 death. Prosecutors have indicated they will seek the death penalty if Robinson is convicted.
Erika Kirk, Charlie Kirk’s widow, called for transparency in the case in a wide-ranging interview with Fox News’ Jesse Watters that aired Wednesday. “We deserve to have cameras in there,” she said.
Judd wrote in the Wednesday filing that open courts are a boon that enhances “the quality and safeguards the integrity of the fact-finding process” and also enhances the “basic fairness and the appearance of fairness in the proceedings.” That “fosters public confidence in the judicial process,” he added, “and acceptance of its results.”
“Conversely,” those attorneys wrote, “denying public access to criminal judicial proceedings or documents precludes public scrutiny of the judicial process, creating an impression of unfairness and secrecy, even though the proceedings may in fact be fair.”
Robinson is expected to appear in court on Jan. 16. If he attends, it will be the first time he has appeared in person in the Provo courtroom. Previously, he has appeared via a video feed from the jail, more recently with the video turned off.
Besides The Tribune, the other news agencies who joined in the motion are: The Associated Press, Fox 13 News, Millard County Chronicle Progress, KOAL Castle Country Radio, KUER, Lehi Free Press, The Park Record, CBS Broadcasting, The New York Times, CNN, Fox News and Law & Crime Network.