- Tyler Robinson can wear civilian clothes in court but must remain shackled, a judge ruled.
- Judge Tony Graf cites safety concerns despite Robinson's lack of criminal history.
- Media restrictions include no filming of Robinson entering or exiting the courtroom in shackles.
PROVO — Tyler Robinson will be allowed to wear civilian clothing during all of his upcoming court hearings.
But 4th District Judge Tony Graf says the man accused of killing Charlie Kirk must still be in shackles for safety reasons. The judge made his rulings on Monday afternoon.
Robinson's defense team wants their client to be able to appear in court in his regular clothes and without leg shackles or handcuffs for all hearings, not just at trial, because of the intense media coverage his case is receiving. His attorneys say they fear images of him in a jail jumpsuit or a "safety smock" and in shackles could prejudice a potential jury pool.
During Monday's virtual hearing, Robinson listened to the proceedings from the Utah County Jail, but his camera was turned off so the public could not see him. When Graf asked him if he could hear what was going on, Robinson replied, "Yes, I can."
The state is opposed to Robinson wearing civilian clothing during pretrial hearings, arguing that jail clothing helps make Robinson more identifiable and helps with safety.
Nevertheless, Graf ruled Monday that because Robinson is presumed innocent until proven guilty, he "shall be dressed as one who is presumed innocent."
"The media interest in Mr. Robinson's trial is arguably unprecedented in the state of Utah. Photographs and visual recordings of Mr. Robinson in jail clothing will likely be shared and disseminated in various public platforms. There is a strong likelihood that a substantial number of potential jurors in Utah County will view these images and may associate Mr. Robinson's jail clothing with indicia of guilt. The danger of prejudice is compounded by technological advancements that allow the images to be manipulated in ways that do not accurately reflect the truth of the court proceedings," the judge's ruling states.
Graf also addressed the concerns of the sheriff's office by writing in his decision, "There is a low likelihood that Mr. Robinson will not be able to be identified or tracked by court security if there is commotion in the courtroom."
As for appearing without restraints, Graf acknowledged that Robinson has no prior criminal history and has not had any issues while incarcerated at the Utah County Jail. But because of the "extraordinarily serious" charges he faces as well as the risk of disruption during a hearing due to the case's emotional nature, he denied the defense's request that Robinson also be allowed to appear without restraints to his arms and legs.
"The safety of Mr. Robinson, court staff, the attorneys, and patrons is a paramount concern. If a disruption occurs, security personnel will need to quickly secure Mr. Robinson in a place of safety. Restraints will help facilitate their responsibilities and promote controlled and orderly proceedings," the judge wrote in his decision.
The judge did, however, order that the "least restrictive restraints" be used for Robinson while still maintaining safety.
The judge also amended the decorum order regarding media coverage and ordered that, for all future hearings, the media may not film or photograph Robinson as he enters or exits the courtroom, or while standing, to avoid showing him wearing shackles.
"Those images may remain in their minds and give an impression that he is dangerous, an impression that could undermine his presumption of innocence. The court is committed to open and fair proceedings and recognizes the public's interest in and newsworthiness of these proceedings," Graf ruled. "This ruling promotes a healthy balance between preserving Mr. Robinson's constitutional rights and the media and the public's interest in viewing the proceedings."
Both the state and defense have suggested they would like to limit how much video can be recorded and pictures taken by the media during Robinson's court hearings. Graf said a separate motion would have to be filed for him to consider that. Likewise, he said the state must file a separate motion if it wants all nonevidentiary hearings to be held remotely.
Also on Monday, Graf agreed with the defense that it was procedurally improper for the Utah County Attorney's Office and the sheriff's office to make a joint filing in their opposition to Robinson wearing street clothes and that the sheriff's office should file memorandums separately in the future as a nonparty in the case.
A hearing for both sides to present their arguments on all the motions was held on Friday, behind closed doors. Robinson was scheduled to be in the courtroom for that hearing. The judge's decision, however, was announced Monday in a public setting.
Robinson, 22, of Washington, Washington County, is charged with aggravated murder, a capital offense, and faces a potential death sentence if convicted of shooting and killing Kirk 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 was expected to make his first public appearance in court on Thursday. But it was announced Monday that the hearing was rescheduled for Jan. 16 and a second hearing on Jan. 30.
