Lawyers for man accused of killing Charlie Kirk ask to seal evidence, parts of key hearing

PROVO, Utah -- Lawyers for the man accused of killing Charlie Kirk were in court Tuesday, making their case to bar reporters and the public from parts of a key upcoming hearing and seal some evidence after the judge rejected their request to ban news cameras from the courtroom.

Tyler Robinson's defense has argued that broadcasts of the proceedings create a media frenzy that often misrepresent him and could bias potential jurors. They hope to restrict access to parts of his preliminary hearing, scheduled for July 6-10, when prosecutors must show they have enough evidence to warrant a trial.

That hearing will mark the most significant presentation of evidence to date in a case that has focused largely on public access in its first eight months.

The defense began Tuesday by urging the judge to punish prosecutors for comments that one of them, Christopher Ballard, made outside of court. Richard Novak, an attorney for Robinson, said Ballard essentially went on a "media tour" in which he made "expressions of opinion as to Mr. Robinson's guilt."

Prosecutors responded that Ballard had a right to speak to news outlets to correct misinformation about an inconclusive, preliminary finding by ballistics experts, which led to speculation about Robinson's possible exoneration. "Here he was representing the true nature of that report" and did not make a statement of opinion about guilt, Deputy Utah County Attorney Ryan McBride said.

Prosecutors intend to seek the death penalty if Robinson, 23, is convicted. He is charged with crimes including aggravated murder in the Sept. 10 assassination of the conservative activist on the Utah Valley University campus. Robinson has not yet entered a plea.

Prior to his death, Kirk and the conservative youth movement he founded, Turning Point USA, emerged as a major force in U.S. politics and helped President Donald Trump win a second term.

As public attention has swirled, state District Judge Tony Graf has taken steps to protect Robinson's rights in court, but he declined earlier this month to bar cameras.

SEE ALSO: Judge rejects request to ban cameras in court from man charged with killing Charlie Kirk

During the preliminary hearing, prosecutors say they plan to introduce forensic analyses, surveillance video, recordings of witness statements, autopsy findings and alleged messages from Robinson admitting to the crime.

Defense attorneys have asked the judge to seal dozens of those exhibits to "prevent infecting the potential jury pool," according to a court document filed Monday.

Prosecutors argue that the preliminary hearing should remain open, but they agree that media should be restricted from viewing or copying some exhibits that could be used in a future trial.

Prosecutors have said Robinson left a note for his romantic partner hidden under a keyboard that said, "I had the opportunity to take out Charlie Kirk and I'm going to take it." They have also said he wrote in a text message about Kirk: "I had enough of his hatred. Some hate can't be negotiated out."

Authorities have said DNA consistent with Robinson's was found on the trigger of the rifle used to kill Kirk, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle.

Deputy Utah County Attorney Chad Grunander said in court documents that some evidence prosecutors plan to present in July is "reliable hearsay," or statements made outside of court that are considered highly trustworthy. Such statements are typically allowed in preliminary hearings but not at trial, where standards are stricter.

Robinson's attorneys worry the statements will spread widely after the preliminary hearing, harm their client and then not be admissible at a trial.

Prosecutors disagree, saying in a court filing, "There is nothing to suggest that the substance of the evidence is inadmissible."

The video in the player above is from an earlier report.