The 22-year-old Utah mancharged with killing Charlie Kirkmade his first in-person court appearance Thursday as his lawyers pushed to further limit media access in the high-profile criminal case.
A Utah judge is weighing the public's right to know details inTyler Robinson's caseagainst his attorneys' concerns that the swarm of media attention could interfere with his right to a fair trial.
Robinson's legal team and the Utah County Sheriff's Office have asked Judge Tony Graf to ban cameras in the courtroom. Graf was also asked to clarify specifics of a previous order pertaining to publicity surrounding the case.
That order, in part, prohibited witnesses in the case from issuing "extrajudicial statements," and required that lawyers for both the defense and prosecution inform witnesses about the order. But the state argued the term witness was too vague, noting there were some 3,000 potential lay witnesses. Graf clarified on Thursday that it refers to "all witnesses that are part of the prosecution and defense teams."
"This includes any witness, including lay witnesses, whom the prosecution or defense has a good faith belief will be called to testify at a hearing or trial," Graf said.
Graf said he would announce further rulings on Dec. 29.
Prosecutors have charged Robinson with aggravated murder in theSept. 10 shootingof the conservative activist on the Utah Valley University campus in Orem, just a few miles north of the Provo courthouse. They plan to seek the death penalty.
Robinson arrived in court with restraints on his wrists and ankles and wearing a dress shirt, tie and slacks. He smiled at family members sitting in the front row of the courtroom, where his mother teared up and wiped her eyes with a tissue. Robinson's father and brother sat next to her. A coalition of national and local news organizations is fighting to preserve media access in the case.
The judge has already made allowances to protect Robinson's presumption of innocence before a trial, agreeing that the case has drawn "extraordinary" public attention. In a closed hearing on Oct. 24,he ruledthat Robinson will be allowed to wear regular clothes at all pretrial hearings but must be physically restrained due to security concerns.
Graf also prohibited the media from filming or photographing Robinson's restraints after his attorneys argued widespread images of him shackled and in jail clothing could prejudice future jurors.
The first part of Thursday's hearing was closed to the press and public as they discussed issues from the Oct. 24 hearing, but when the open portion of the hearing began, attorneys for Robinson and the state noted the camera inside the courtroom had broadcast images of Robinson in shackles — and also broadcast private remarks from the defense's counsel and filmed the lawyers' documents and computers — violating the judge's order. Robinson's attorneys asked for the remainder of the hearing not to be broadcast, but Graf instead opted to relocate the camera to avoid further problems.
Michael Judd, an attorney for the media coalition, has urged Graf to let the news organizations weigh in on any future requests for closed hearings or other limitations.
The media presence at the hearings is already limited, with judges often designating one photographer and one videographer to document a hearing and share their images with other news organizations. Additional journalists can typically attend to listen and take notes, as can members of the public.
Judd wrote in recent filings that an open court "safeguards the integrity of the fact-finding process" while fostering public confidence in judicial proceedings. Criminal cases in the U.S. have long been open to the public, which he argued is proof that trials can be conducted fairly without restricting reporters as they work to keep the public informed.
Robinson's legal team says his pretrial publicity reaches as far as the White House, with President Trump announcing soon after Robinson's arrest: "With a high degree of certainty, we have him," and "I hope he gets the death penalty."
Attorney Kathy Nester has raised concerns that digitally altered versions of Robinson's initial court photo have spread widely, creating misinformation about the case. Some altered images show Robinson crying or having an outburst in court, which did not happen.
Kirk's widow, Erika Kirk, has called for full transparency, saying, "We deserve to have cameras in there." Her husband was an ally of Mr. Trump who worked to steer young voters toward conservatism. Erika Kirknow leadsthe organization he founded,Turning Point USA.
In atown hall moderated by CBS News editor-in-chief Bari Weiss, airing Saturday, Erika Kirk talked about the rise of political violence and the conspiracy theories that swirled around her husband's death. She also had a message for people who sought to justify the assassination: "You're sick."
"He's a human being," Kirk said in the town hall. "You think he deserved that? Tell that to my 3-year-old daughter."
She continued: "You want to watch in high-res the video of my husband being murdered, and laugh, and say he deserves it? There's something very sick in your soul, and I'm praying that God saves you," she said.
The one-hour town hall event will be broadcast on Saturday, Dec. 13, at 8 p.m. ET/PT on the CBS television network and will stream later onParamount+andCBS News 24/7.
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