Man accused of killing Charlie Kirk requests street clothes and no shackles during hearings

PROVO — Attorneys for the man accused of killing Charlie Kirk would like their client to appear at all upcoming hearings in regular clothes and without shackles.

"Indeed, given the pervasive media coverage in this case, the repeated and ubiquitous display of Mr. Robinson in jail garb, shackles, and a suicide vest will undoubtedly be viewed by prospective jurors and will inevitably lead to prospective juror perception that he is guilty and deserving of death," attorneys for Tyler James Robinson argue in their motion filed Thursday in 4th District Court.

Robinson, 22, of Washington, Washington County, is charged with aggravated murder, a capital offense, and facies a potential death sentence if convicted of shooting and killing Kirk on the campus of Utah Valley University 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.

Robinson's next court hearing is scheduled for Oct. 30. During his initial hearing, he appeared via livestream from the Utah County Jail where he was seen wearing a "safety smock" or "turtle suit," a one-piece, tear-resistant garment worn by incarcerated or detained individuals to prevent them from committing suicide by forming a noose. At his second hearing on Sept. 29, he again was at the jail, but his video was blacked out at his attorneys' request.

During his next hearing, however, his attorneys say he will be present in the courtroom.

But according to a motion filed Thursday, his defense team wants their client to appear in "civilian attire" and without "physical restraints."

"These requests are necessary to maintain the presumption of innocence, to protect Mr. Robinson's rights to a fair and impartial trial, and to maintain courtroom decorum and dignity," the motion states.

While a defendant is innocent until proven guilty, "the psychological reality is that the human beings who serve on the bench are likewise not immune to such subconscious and subliminal influence from seeing a human being in chains to protect others from him," according to the motion.

His attorneys say "reliable decision-making" in death penalty cases must be "grounded in admissible evidence, not on innuendo derived from a defendant's custodial status."

Robinson's motion points to his initial hearing on Sept. 16 as an example, stating that media outlets from all over the world covered it.

"Mr. Robinson's physical appearance alone was and is subject to endless scrutiny and speculation. One article described Mr. Robinson during his initial appearance as 'emotionless' and 'star(ing) blankly ahead' and 'sporting slightly mussed locks, several days' worth of facial hair' and wearing 'a green 'suicide smock,'" the motion says.

"With each development in the case generating thousands of articles and comments online, the likelihood of potential jurors seeing and drawing conclusions regarding Mr. Robinson's guilt and or deserved punishment from obvious signs of pretrial incarceration will only increase," the motion continues. "In the face of worldwide scrutiny, permitting Mr. Robinson to wear civilian clothing for court appearances is a minor inconvenience compared to the already present concerns with securing a fair trial before an impartial jury."

His attorneys argue that "the world is watching Mr. Robinson and these proceedings," and because of that, "additional care must be taken to preserve the presumption of innocence and to prevent tainting the pool of jurors that will ultimately decide Mr. Robinson's guilt or innocence, and if guilty, if Mr. Robinson should receive the death penalty."

Robinson's defense team is asking for a temporary order to allow their client to appear at the next court hearing in civilian clothes and without restraints. At that time, a date can be scheduled for a closed hearing to discuss the full motion.

Attorneys are asking for a hearing closed to the public, presumably so more sensitive evidence such as security can be discussed. The motion notes that a similar order was granted in the high profile case of Bryan Kohberger, convicted of killing four college students in Idaho.

Correction: Tyler Robinson was wearing a "safety smock" during his initial court appearance. An earlier version incorrectly described it as a flak jacket.

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