PROVO, Utah — Attorneys in the murder case against Tyler Robinson are debating who can say what about the Charlie Kirk assassination and how much news media outlets — including FOX 13 News — can show inside the courtroom.
Lawyers for Robinson, who is accused of assassinating conservative influencer Charlie Kirk at Utah Valley University, are resisting efforts by prosecutors to modify a gag order in the case that potentially could bar any witnesses from talking — which could mean the thousands of people who saw Kirk's death
Kathryn Nester, Robinson's lead attorney, argued Utah County prosecutors will know who they plan to call to testify and there's no need for a fix.
"The bare assertion that over 3,000 individuals were present at the event where Mr. Kirk was shot is a gross exaggeration of the witness identification and selection project facing the State’s prosecution team," she wrote. "Rules of evidence that preclude the presentation of unnecessarily cumulative evidence or unfairly prejudicial evidence of limited probative value likely rule out 99 percent of those attendees, as the State well knows."
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In a footnote in the filing, the defense said it intended to seek its own modification to the judge's gag order — which could ensnare political leaders from talking.
"As his motion will explain, it is Mr. Robinson’s view that the order should go further to limit the public statements that may be made by federal, state, and local government officials, some of whom are attorneys and some of whom are not, connected with the state and federal investigations of the conduct alleged against Mr. Robinson, and their agents," Nester wrote.
Lawyers representing a large number of news outlets, including FOX 13 News, filed for what's called a "limited intervention" seeking to be notified of any plans to close or seal hearings and documents in the case. It was so they could potentially argue against it, citing the public's right to know.
"In his response to News Media’s request for notice, Mr. Robinson acknowledged that the media does have, under Utah law, a right to notice and to request leave to be heard concerning the potential sealing of a record or the closing of a hearing, but Mr. Robinson objected to the request that he be required to take steps to provide notice beyond that which is or should be provided by the court’s public docketing system," Nester wrote.
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She added that defense counsel for Robinson would resist efforts to go beyond that. The public's right to access must take a backseat to Robinson's right to a fair trial, Nester argued, urging 4th District Court Judge Tony Graf to not grant lawyers for news media outlets broader status in the case.
Utah County Attorney Jeff Gray's office disagreed and said attorneys for the news media should be served with copies of any motion that seeks to limit access to documents or court hearings.
"Now that the Media Outlets have also requested notice of motions to close court hearings, the parties should also serve them with copies of those motions. Utah Supreme Court precedent requires 'a party seeking closure' of a court hearing to 'serve advance written notice of a closure motion upon the opposing party, the court, and any media representatives who have requested such notice,'" prosecutor Christopher Ballard wrote.
However, prosecutors did agree that Robinson's right to a fair trial is paramount.
"The State therefore maintains its right to argue in favor of restricting media access when necessary," Ballard wrote.
A decorum order issued by Judge Graf limits what can be filmed of Robinson. He is now scheduled to appear in court in Provo on Dec. 11 for a hearing where some of these issues may be argued.
