- Tyler Robinson appeared via audio at a waiver hearing in Provo Monday.
- Judge Tony Graf pledged to protect Robinson's rights and maintain dignity in court.
- Robinson faces multiple felony charges, including aggravated murder with a potential death penalty.
PROVO — A brief court hearing was held Monday for Tyler Robinson, the 22-year-old Washington County man charged with shooting and killing Charlie Kirk on the campus of Utah Valley University.
Robinson appeared in court via a livestream link from the Utah County Jail. But his attorneys asked that his video screen be turned off for the hearing so his "appearance" was by audio only while the screen at the jail remained black.
A waiver hearing was held on Monday for Robinson. At a waiver hearing, a judge asks whether a defendant would like a preliminary hearing where both sides present evidence and the judge determines if there is probable cause to proceed to trial.
While Monday's hearing was brief, as nearly all waiving hearings are, Robinson's hearing was held with a sharp increase in both security at the 4th District Courthouse in Provo and in the number of reporters covering the hearing. Some lined up outside the small courtroom two hours early to ensure a seat inside. All laptops had to be carried into the courthouse without bags.
Robinson is charged with a half-dozen felony crimes, the most serious being aggravated murder, a capital offense. Utah County Attorney Jeff Gray, who was present for Monday's hearing, has already announced he intends to seek the death penalty if Robinson is convicted.
Fourth District Judge Tony Graf — who was sworn in just two months ago — began the hearing by first approving the defense's request to add Michael N. Burt and Richard G. Novak, both from California, as co-counsel. Both attorneys have previously worked on death penalty cases, and Graf noted that their combined experience "meets and exceeds" the legal standard for representing a defendant in a death penalty case in the state of Utah.
The Utah County Attorney's Office then discussed the "substantial amount of discovery" it has in this case. It noted the office has been in communication with Robinson's defense team about how to share the "voluminous" amount of evidence it has. Likewise, defense attorneys requested that another waiver hearing be scheduled prior to the preliminary hearing, to give them time to "get our heads around" the large volume of evidence.
Defense attorney Kathryn Nester stated in court, however, "It is not our intent to waive a preliminary hearing."
Last week, the Utah County Commission unanimously approved $1 million in staffing additions to aid the prosecution and defense in Robinson's case. The commission unanimously approved a contract appointing Nester as legal counsel for Robinson.
On Sept. 10, Kirk, 31 — a conservative activist and co-founder of Turning Point USA — was sitting under a tent of an outdoor amphitheater-courtyard area at UVU, speaking in front of approximately 3,000 people, when he was shot in the neck by a gunman on the roof of the nearby Losee Center building, from about 175 to 200 yards away. Robinson was arrested after family members and friends convinced him to surrender upon his return to St. George.
At the end of Monday's hearing, Graf took a few moments to pledge to attorneys for both the prosecution and defense to protect the rights of all those involved in the case while also stating that Robinson is presumed innocent "unless and until" all the crimes he is charged with are proven in court. The judge said Robinson's constitutional rights would be protected, and he encouraged his attorneys to have him appear in court to aid in his own defense without fear of being harassed.
"Every person will be treated with dignity and respect," Graf said. "Justice will never be compromised."
Robinson's next court hearing is scheduled for Oct. 30 at 10 a.m., and his attorneys said he will be in the courtroom for it.
