Attorneys for Tyler Robinson, the man charged with Charlie Kirk’s killing, make case to boot cameras from courtroom

By Andi Babineau, CNN

Provo, Utah (CNN) — Tyler Robinson, the Utah man accused of fatally shooting Charlie Kirk, appeared in court Friday while his attorneys argued for cameras to be banned from the proceedings moving forward, arguing news coverage of the high-profile case could harm their client’s right to a fair trial.

The defense’s primary argument is media coverage has been largely prejudicial to Robinson, potentially tainting the jury pool. Cameras and audio recording devices should no longer be allowed inside the courtroom or “the defendant’s fair trial rights will be jeopardized,” Robinson’s attorney Michael Burt argued.

Prosecutors, meanwhile, sought to maintain the presence of cameras, saying in part it was the best way to combat misinformation about a case centered on the public assassination of the prominent conservative activist. A coalition of news outlets – which includes CNN – and Kirk’s widow, Erika Kirk, are also in favor of keeping the proceedings open to cameras.

“Mischief lurks in the dark or in secret,” prosecutor Chad Grunander said in his closing argument. “Conspiracy theories abound, and the antidote is the actual, real proceedings.”

Kirk was fatally shot in front of a large crowd during a Turning Point USA event at Utah Valley University last September. Robinson turned himself into authorities accompanied by his father and a family friend following a 30-plus-hour manhunt.

Robinson has not yet entered pleas for the charges he faces, including aggravated murder, felony use of a firearm, obstruction of justice and witness tampering. Prosecutors intend to seek the death penalty.

On Friday, Robinson’s defense attorneys also argued to delay his preliminary hearing scheduled for next month. Robinson cannot be arraigned until after the multi-day hearing.

Utah Judge Tony Graf said he would issue a ruling on both issues on May 8.

‘Speculation and sensationalism’

The defense showed a montage of video clips and screenshots to make their case Friday, including one local news report analyzing Robinson’s expressions and body language in a past court proceeding – a segment defense witness Bryan Edelman, a trial consultant, testified was “completely speculating.”

“Obviously none of this is informative. It’s all speculation and sensationalism,” Edelman said under questioning by defense attorney Michael Burt.

Edelman testified many of the clips shown in court, including one from CNN, focused on Robinson’s demeanor, credibility and likeability rather than the court hearings they were ostensibly covering.

The defense also called Christine Ruva, a cognitive psychologist who specializes in jurors’ decision-making and the impacts of pre-trial publicity.

Ruva testified about the “primacy effect” – the idea that the information one receives first has priority in a person’s mind. Predominantly negative pre-trial publicity can “impact how jurors process trial evidence, their memory for the evidence, and how they deliberate in the jury room,” she said.

The material Ruva reviewed was “overwhelming anti-defendant” coverage, she said.

Prosecutors called a single witness: Cole Christensen, an investigator with the Utah County Sheriff’s Office. They admitted a written report by the investigator into the court record and then rested their argument, ceding their remaining allotted time to the defense.

Christensen’s report asserts the sentiment of media coverage of the case skewed in multiple directions. He testified on cross-examination he found coverage prejudicial toward Robinson – but said he also found coverage prejudicial toward prosecutors, Kirk and Erika Kirk, who now leads the Turning Point USA organization.

The defense’s effort to ban cameras stems in part from violations of a decorum order that have occurred over the course of the case so far.

During a December hearing, the pool videographer positioned next to the defense table violated the order several times: The video feed showed images of Robinson wearing shackles, picked up audio of conversations between Robinson and his lawyers and captured images of documents and computers on the defense table. Judge Graf sanctioned the videographer and relocated him to the other side of the courtroom.

In January, a different videographer captured close-up images of Robinson that the defense claimed could lead to lip-reading analysis. Graf admonished the videographer, relocated the camera to the rear corner of the courtroom and ordered the videographer not to record any additional footage of Robinson.

Preliminary hearing dates in question

Prior to discussion on the motion to exclude cameras, the court heard arguments on another defense motion to delay Robinson’s preliminary hearing, currently set for the week of May 18.

Richard Novak told the court Robinson’s attorneys have not received complete discovery from the prosecution – namely a DNA analysis report – so they can’t mount an adequate defense for the preliminary hearing.

“We are basically handcuffed under the State’s proposal,” Novak said. “It is clear that Mr. Robinson is prejudiced by the preliminary hearing going forward as scheduled.”

Prosecutor Ryan McBride refuted the claims, arguing the preliminary hearing is limited in scope. Its purpose is only to establish probable cause in the case, he said, contending the defense was trying to attach Robinson’s late-stage trial rights to an early-stage hearing.

“There is a substantial amount of probable cause,” McBride said, pointing to surveillance footage, alleged statements Robinson made to other people and other pieces of circumstantial evidence. “The defendant cannot show that the material he wants to show at the preliminary hearing would defeat probable cause.”

McBride indicated a continuance would delay proceedings by at least six months and violate Erika Kirk’s right to a speedy trial, as the widow of the victim.

All four of Robinson’s attorneys told the court they feel unprepared to render effective assistance of counsel based on the discovery they have to date and asked for an additional four months to prepare.

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CNN’s Nick Watt contributed to this report.