Defense challenges video, DNA evidence handling in Kirk hearing
Erika Kirk, the widow of slain conservative activist Charlie Kirk, asked a Utah judge Wednesday to require that all evidence admitted during the preliminary hearing for the man charged with murdering her husband be displayed openly in the courtroom, arguing that the lack of transparency fuels conspiracy theories.
The three-page filing, submitted on the third day of the hearing in Provo, argues that Utah victims’ rights law guarantees the family the right to meaningfully observe the proceedings. The motion said the family sat in the room “while evidence was admitted but not presented for their viewing,” rendering their presence “hollow.”
Kirk’s lawyer, Jeffrey Neiman, told the court that denying the request could “create doubt and distrust in the judicial system.” He added that “in the absence of transparency, speculation and conspiracy theories related to the tragic assassination of Mr Kirk will continue to proliferate in the public domain.”
Judge Tony Graf is hearing evidence to decide whether Tyler Robinson, who is accused of shooting Kirk on the Utah Valley University campus in September, should stand trial. Prosecutors have said they plan to seek the death penalty.
This week, prosecutors presented surveillance video they say shows Robinson entering the campus and climbing onto a roof. Law enforcement officers and university staff testified about what they saw. Defense attorney Michael Burt objected to the inclusion of circled highlights on the videos, arguing that the markings could influence potential jurors.
Additional disputes arose over forensic evidence, including a screwdriver found on a campus roof and a Mauser 98 rifle discovered in nearby woodland. The defense has challenged the chain of custody for these items.
A separate evidentiary dispute centered on a recording of an interview with Robinson’s roommate and romantic partner, Lance Twiggs. Defense attorney Richard Novak asked the judge not to publish the recording in open court, arguing that prosecutors would use it to portray Twiggs’s statements as a confession by Robinson, violating the defendant’s right to a fair trial.
Prosecutors said Robinson left a note for Twiggs that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it,” and sent a text saying he had “had enough of his hatred.” Twiggs was granted immunity in exchange for his statements.
Judge Graf has not yet ruled on the admissibility of the Twiggs recording or on the Kirk family’s motion to display all evidence. The preliminary hearing resumed Thursday.