SALT LAKE CITY (AP) — Charlie Kirk’s widow and parents are expected this week in a Utah court where prosecutors seeking the death penalty will argue that the man charged with killing the conservative activist should stand trial for murder.
The five-day preliminary hearing that starts Monday will be the first time members of Kirk's family
are in the Utah courtroom with defendant Tyler Robinson. The hearing will be livestreamed.Robinson turned himself
in after the shooting. Prosecutors allege that he also sent a text message confession to his partner and left a note saying he had an opportunity to kill one of the nation’s leading conservative voices “and I’m going to take it.”
He has not entered a plea in the case, however.
Robinson, 23, is charged with aggravated murder in the Sept. 10 assassination of Kirk, who was addressing a crowd of thousands at Utah Valley University. His attorneys have not commented on his guilt or innocence.
Months of legal jostling leading up to the hearing centered largely on media access. Beginning Monday, the focus shifts to whether there is enough evidence for a trial and if the death penalty is warranted, said Paul Cassell, a University of Utah law professor and former federal judge.
Cassell said evidence made public to date in court filings suggests prosecutors have “an overwhelming case.”
“This seems like the proverbial slam dunk at this stage of the case, where the only issue is whether there is a sound basis for moving forward with a trial on the merits,” he said.
A death sentence is an option in Utah only when a crime has aggravating circumstances. Prosecutors will argue in Robinson's case that Kirk’s shooting endangered others in attendance.
The proceeding will resemble a minitrial, with prosecutors planning to offer DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy findings, witness statements and video of Kirk's killing. They are not required to present all their evidence and can use secondhand information, or hearsay.
After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed.
Reporters and the public will be allowed to attend after Graf denied a defense request to restrict access.
Kirk’s killing drew backlash from his Republican allies, including President Donald Trump, who first announced Robinson’s arrest in a Sept. 12 interview on Fox News and said, “I hope he gets the death penalty.”
This week prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk. The standard is lower than for a trial, where prosecutors have to prove guilt “beyond a reasonable doubt.”
Authorities have said DNA consistent with Robinson’s was found on the trigger of the rifle used to kill Kirk, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle.
Robinson’s parents had confronted him after authorities released a surveillance photo of the suspect and details about the rifle, authorities have said. His parents convinced him to meet with a family friend, who is a retired sheriff’s deputy, who reportedly helped arrange for Robinson to turn himself in.
Prosecutors have said Robinson left a note for his roommate, who was also his romantic partner, that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it.” They also said he wrote to his roommate in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”
Defense attorneys unsuccessfully sought to block prosecutors from using recorded statements from Robinson’s roommate during the hearing. The defense wanted the roommate to testify in person so Robinson could exercise his right challenge the credibility of witnesses against him. Graf said the time for challenging witnesses would come later.
Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help Trump win a second term.
His widow, Erika Kirk, who took the helm of the organization after his death, pushed to maintain public access to Robinson’s prosecution when defense attorneys sought to exclude cameras from the courtroom. She forgave Robinson during her husband’s memorial service.
She is expected in court throughout the week with her husband's parents, Robert and Kathryn Kirk, according to a person familiar with the situation who spoke on condition of anonymity because they were not authorized to speak publicly.
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Brown reported from Billings, Montana.
