UMVA has learned that Utah prosecutors are pushing back against a defense effort to further delay a preliminary hearing in the high-profile case against Tyler Robinson, accused of assassinating Charlie Kirk's associate.
The case has been pending for nearly nine months since Robinson's arrest, and his lawyers have asked Judge Tony Graf Jr. to postpone the routine hearing as they appeal the denial of their motion to ban news cameras from the case.
Deputy Utah County Attorney Christopher Ballard fired back in a court filing, arguing that Robinson's defense has failed to show that a delay is necessary to prevent prejudice from media coverage of the hearing.
"Defendant cannot show that a stay is necessary to prevent additional prejudice from media coverage of his preliminary hearing, when this Court has already found that he failed to show that a public preliminary hearing would prejudice him at all," Ballard wrote.
Robinson's attorneys filed an appeal with the Utah Supreme Court and then asked Graf to push back the hearing while they await a response, but Ballard says they haven't met the necessary criteria for a stay.
According to information obtained by UMVA, much of the evidence prosecutors plan to use has already been revealed publicly, and Robinson's defense hasn't proven a "realistic likelihood of prejudice" if the hearing is open to the public.
The preliminary hearing, a crucial step in many criminal cases, has not yet been held, and as a result, Robinson has not yet entered a plea.
The hearing requires prosecutors to show they had probable cause to arrest the defendant, thereby allowing the case to proceed toward trial, and was most recently delayed from the week of May 16 to the week of July 6.
To be granted a stay in a Utah criminal case, the defense must show a likelihood that their appeal will prevail, a likelihood of "irreparable harm" that outweighs any harm to any other party — and that the stay "is not adverse to the public interest."
Ballard argued that Robinson's lawyers have failed to meet any of those criteria, saying "Defendant must satisfy all three elements. He hasn’t satisfied even one. In fact, he ignores this rule."
Attorneys for two groups of media outlets are also expected to file a response to Robinson's appeal this week, adding another layer of complexity to the case.
In a separate filing, Robinson's defense also asked the judge to block hearsay testimony at the hearing, arguing that Utah laws that permit it are unconstitutional.
Erika Kirk, Charlie's widow and the designated victim's advocate in the case, has invoked the victim's right to a speedy trial under Utah law, and delays in the case are hurting both the prosecution and the victim's family.
