Note to readers • On June 22, 4th District Court Judge Tony Graf declined to order Lance Twiggs to testify in-person.

The defense team for Tyler Robinson, the man accused of fatally shooting Charlie Kirk, wants the witness who was living with Robinson as his romantic partner to travel to Utah and testify at an upcoming preliminary hearing.

Defense attorneys filed their motion under seal, but prosecutors disclosed in a public court filing Tuesday that the defense is asking a judge to compel Lance Twiggs to appear in July for cross-examination.

Twiggs lived with Robinson in St. George when Kirk was fatally shot, but has since moved out of state.

Prosecutors say they had planned to introduce a recorded statement from Twiggs, which is allowed under Utah rules for a preliminary hearing. The statement, prosecutors wrote, details how Robinson allegedly confessed to Twiggs that he had killed Kirk, that he hid the gun and threw away his clothing and that he told Twiggs not to talk to police.

Prosecutors noted that Twiggs was given “use-immunity” for this April 20 statement — meaning that it can’t be used against Twiggs in any future prosecution.

Along with that statement, prosecutors said they plan to show at the hearing text messages and a handwritten note Robinson allegedly left for Twiggs.

The alleged content of the note was made public in a recently unsealed search warrant, and in it, Robinson refers to Twiggs as “Luna.” Authorities have said that Twiggs is transgender, and Robinson’s defense team said in a recent motion that Twiggs has transitioned to female and uses the name Luna. Prosecutors continue to use the male name and he/him pronouns in their latest filing.

Prosecutors are opposing the defense’s request to have Twiggs testify in person, arguing that it’s not necessary for this type of hearing.

A preliminary hearing is not a trial, and the burden of proof is much lower: 4th District Court Judge Tony Graf needs to only determine that there is “probable cause” that Robinson likely committed a crime. That’s a much lower bar than proof “beyond a reasonable doubt” that jurors must find at trial. And, Graf must view all of the evidence in the light most favorable to the state.

So while prosecutors generally will present evidence at a preliminary hearing, they may not always call a witness to testify, and could instead use written or recorded statements. That’s what Utah County prosecutors say they plan to do with Twiggs and with other witnesses.

Robinson’s preliminary hearing is scheduled for the first week in July. It is not clear when Graf will decide whether to order Twiggs to testify in-person. The defendant’s next court date is on Monday, where Graf will announce whether he will sanction a prosecutor for speaking to journalists about bullet evidence.

The 23-year-old man 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.