Tyler Robinson, the alleged killer of Turning Point USA founder Charlie Kirk, has not had the smoothest trial thus far.
And the latest ruling from the judge in the case doesn’t seem likely to make things any smoother for the 22-year-old Robinson.
According to multiple reports, Judge Tony Graf Jr. made two key decisions in the trial of Robinson that likely won’t sit well with the defense.
Perhaps most significantly, Graf ruled against a motion from Robinson’s defense that sought to restrict access to certain court filings, according to Fox News.
The defense was trying to get that evidence stricken before a forthcoming evidentiary hearing.
Graf effectively told Robinson’s defense that it didn’t provide a good enough reason to restrict those filings.
“In balance, the defendant has not provided a sufficient basis for the court to find that the interests favoring closure outweigh the interest favoring an open proceeding and the presumptive right to access,” Graf said on Friday.
He added: “Moreover, as a Utah Supreme Court recognized, even in highly publicized cases, a defendant’s right to a fair trial can be protected through the regular time-honored process for selecting jurors, like enlarging the voir dire of potential jurors, utilizing a detailed juror questionnaire and conducting a thorough voir dire of potential jurors.”
Fox News notes that Robinson’s legal team sought such relief because they felt that certain pieces of evidence might make it impossible to produce a truly unbiased jury, ahead of what’s been a highly publicized case.
“So what we’re talking about is releasing preliminary evidence into the public sphere that has the potential to impact jurors,” defense attorney Staci Visser said. “And it is important enough that we are concerned that it will sway people’s opinions one way or the other.”
She did stress that “our concern here is with selecting an impartial jury.”
Meanwhile, The Center Square is reporting that Judge Graf also ruled against a request from Robinson’s defense team to ban cameras in the courtroom.
That one wasn’t a total loss for Robinson’s legal team, however, as Graf did note that he may yet close certain portions of the April 17 hearing.
He gave Robinson’s defense team until the end of March to notify him of which portions of the trial should be private.
A Utah-based criminal defense attorney not involved with the Robinson case spoke to KUTV-TV and explained why Robinson’s defense team was making such requests.
“The rules of preliminary hearings are far different than the rules at trial. The rules of evidence are different. Hearsay can be admitted,” Skye Lazaro told the outlet. “So, because the rules are so different at a preliminary hearing juncture vs. the trial juncture, a defendant would want to limit the public’s access to things that may or may not be admissible down the road.”
Robinson is accused of shooting and killing Kirk on Sept. 10 during an outdoor event at Utah Valley University.
This article appeared originally on The Western Journal.
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