A Utah judge ruled Monday the media and the public will be allowed to attend parts of an upcoming hearing in the case of the man accused of killing conservative political activist Charlie Kirk.
Tyler Robinson, 23, is accused of shooting Kirk on the Utah Valley University campus Sept. 10.
He currently faces many charges, including aggravated murder.
State District Judge Tony Graf denied Robinson’s previous request to close all or part of the preliminary hearing.
Graf said Robinson’s attorneys failed to show a public hearing would create a “realistic likelihood” of prejudicing his right to a fair trial.
“The public and the media enjoy a presumptive right to access court proceedings, including preliminary hearings,” he said.
He added there are other methods to protect a defendant’s right to a fair trial. This includes increasing the jury pool, utilizing detailed juror questionnaires and conducting thorough jury selection.
A hearing is scheduled for July 6-10. That is when prosecutors will lay out their evidence and a judge will decide whether the case should go to trial.
Robinson has not yet entered a plea; prosecutors plan to seek the death penalty if he is convicted.
Robinson’s lawyers argued to close parts of the July hearing to reporters and the public. They claim media coverage has misrepresented the case and could make it harder for Robinson to get a fair trial.
Prosecutors, on the other hand, argued the public has a right to watch the justice system at work. Any sensitive material can be handled without shutting the doors entirely.
Kirk’s widow, Erica Kirk, has called for the proceedings to stay open.
The next court date is June 12. At that time, a judge is expected to address a separate dispute over whether someone violated a gag order in the case.
Graf granted Robinson’s request for an order to show cause. The judge found there is enough evidence to hold a hearing on whether Deputy County Attorney Chris Ballard violated the court’s gag order by making comments to media outlets.
Robinson’s attorneys called Ballard’s actions a contempt of court. They took issue with public statements Ballard made, including an interview on “Fox & Friends.”
They claim prosecutors must hand over all internal communications regarding media reach-outs.
Prosecutors argued a hearing and additional internal communications are unnecessary to determine whether Ballard’s comments violated the gag orders.
The prosecutors allege the judge should evaluate the statements themselves to decide if they crossed the line.
