A Utah judge on Monday denied a defense motion to compel the in-person testimony of a key witness in the murder case against Tyler Robinson, the 23-year-old accused of killing Turning Point USA founder Charlie Kirk in 2025.
Judge Tony Graf Jr. dismissed the subpoena request for Lance Twiggs, Robinson’s former romantic partner, without prejudice, allowing the defense to refile it. Prosecutors had moved to quash the subpoena and said they would instead rely on a recorded interview and text messages between Twiggs and Robinson. Twiggs, who is considered a material witness, allegedly received multiple text messages from Robinson on the day Kirk was shot.
The defense argued that Twiggs should testify in person because his conversations with Robinson form the basis of the state’s decision to seek the death penalty, KTVX-TV reported.
In his ruling, Graf said “the defendant has failed to identify specific anticipated testimony that is reasonably likely to negate probable cause as distinguished from anticipated impeachment that would merely create competing credibility interferences,” according to KTVX-TV.
Graf also denied a defense motion to exclude hearsay evidence during the preliminary hearing. The judge said the Utah constitution allows the state to rely on reliable hearsay to establish probable cause, NBC News reported. “Although the preliminary hearing is a critical stage of the criminal process, it is not a trial and does not involve a determination of guilt or innocence,” Graf said.
Kirk was shot and killed Sept. 10, 2025, while speaking at Utah Valley University in Orem, Utah. Robinson turned himself in a day later. He has not entered a plea.
Robinson faces charges of felony aggravated murder, felony discharge of a firearm causing serious bodily injury, two counts of felony obstruction of justice, two counts of witness tampering, and commission of a violent offense in the presence of a child. Prosecutors have said they will seek the death penalty.
Robinson’s next court appearance is scheduled for Friday.