A Utah judge on Monday ruled that the media and public can attend an upcoming hearing in the case of accused Charlie Kirk assassin Tyler Robinson.
State District Judge Tony Graf rejected the defense team’s request to close portions of the preliminary hearing that has been scheduled for July 6 to 10.
“The public and the media enjoy a presumptive right to access court proceedings, including preliminary hearings,” Graf said during Monday’s ruling.
The decision comes after Robinson's lawyers sought to close the preliminary hearing over alleged violations of the gag order.
During the upcoming preliminary hearing, prosecutors plan to introduce forensic analyses, surveillance video, recordings of witness statements, autopsy findings and alleged messages from Robinson admitting to the crime.
Graf said the defense hadn’t shown that presenting such evidence publicly would deny Robinson a fair trial.
Robinson, 23, has been accused of opening fire on Kirk while he spoke to a crowd of students during an event hosted by Turning Point USA at the University of Utah on Sept. 10. Kirk was a well-known public figure who led a nationwide youth movement centered on conservative values.
As public interest swirled around the high-profile case, the judge has taken steps to protect Robinson’s rights in court, but last month declined to ban cameras in court. That ruling came after Robinson’s attorneys argued potential jurors could be biased by news reports and online remarks that negatively portray him. Live broadcasts, the defense argued, were fueling those stories and interfering with Robinson’s right to fair proceedings.
On Monday, the judge also granted the defense’s request for an evidentiary hearing on June 12 that would examine whether Utah County Attorney Jeff Gray and Chris Ballard violated the court’s pre-trial publicity order by speaking to national media.
Robinson’s attorneys during that hearing will argue that prosecutor Chris Ballard should be punished for comments he made in the media. Prosecutors, however, said they haven't made any statement of opinion about guilt and right to correct misinformation in the media about an inconclusive, preliminary finding by ballistics experts that led to speculation about Robinson’s possible exoneration.
Robinson has been charged with aggravated murder and has not yet entered a plea.
A trial date has not yet been set.