Attorneys for the man accused of killing Charlie Kirk are asking for the criminal case against him to be paused so he can appeal a judge’s ruling allowing cameras in the courtroom.
Tyler Robinson’s legal team sought a ban on cameras because they say the “overwhelming negative publicity” generated by videos and photos taken in the courtroom could prejudice him at trial. Fourth District Court Judge Tony Graf ruled against them, deciding that cameras could keep rolling with strict rules and limitations.
Now, defense attorneys are asking Graf to pause the case — including canceling a five-day preliminary hearing planned for July — while they appeal the decision to the Utah Supreme Court. The preliminary hearing is supposed to mark the first time substantial evidence related to Kirk’s fatal shooting is discussed in court.
Noting that four justice positions on the state’s highest court are in transition, the attorneys argued that it is unlikely the Utah Supreme Court will decide whether to hear the case prior to the July hearing date. That’s why they called for its cancellation.
Robinson’s attorneys filed their motion on Sunday, and prosecutors have yet to respond.
They had also previously asked for Graf to close portions of the preliminary hearing, arguing that there might be evidence or testimony shared that would not be admissible at trial. Letting the public hear that, they argued, could taint a potential jury pool. The Salt Lake Tribune and other media entities opposed the motion, as did prosecutors.
Graf on Monday ruled that the media and public have a “presumptive right” to access core court proceedings. He noted much of the evidence the defense team is concerned about is already known to the public and outlined in charging records, and defense attorneys failed to show a realistic likelihood it would prejudice Robinson’s right to a fair trial.
Also on Monday, the judge announced he would hold a hearing to determine whether to sanction prosecutors for speaking to journalists about bullet evidence in the case.
Graf has set strict rules to limit trial publicity, including setting limits on what lawyers can tell reporters. Robinson’s defense team argues a prosecutor broke those rules when he spoke publicly about a report from the Bureau of Alcohol, Tobacco, Firearms and Explosives on the bullet that killed Kirk.
Prosecutors assert that Deputy Utah County Attorney Christopher Ballard was only correcting the defense team’s mischaracterization of the report, which the defense team had described in a written motion.
Graf on Monday did not say that Ballard had violated the rules, just that there was reason to discuss the matter in a hearing, scheduled for June 12. After that hearing, he will determine whether sanctions are warranted.
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.

Jessica Schreifels