Charlie Kirk murder: Judge rules hearsay evidence allowed in suspect Tyler Robinson’s preliminary hearing

Lawyers for Charlie Kirk murder suspect Tyler Robinson were back in a Utah courtroom Monday as the judge ruled on several motions filed by the defense team.

Judge rules hearsay evidence will be allowed at Robinson's preliminary hearing, dealing a blow to the defense

Judge Tony Graf ruled against Tyler Robinson's defense team and will allow hearsay evidence during July's preliminary hearing.

Graf said that while the hearing is a "critical stage of the criminal process," it's not a trial.

"The court does not understand this principle to mean that constant constitutional protections are categorically inapplicable at a preliminary hearing. Rather, because a preliminary hearing serves the limited purposes of determining whether probable cause exists, the scope and operation of a particular constitutional protection must be evaluated in light of that purpose," he said.

Robinson's attorneys were trying to block hearsay evidence which may include prerecorded testimony from Robinson's roomate and former lover Lance Twiggs, the medical examiner's report, federal DNA and ballistics report and more.

Robinson's team argued in a filing Thursday that it would be an appropriate sanction after prosecutors talked about the case outside of court, and violated a gag order.

"The only way that this Court can demonstrate that its orders, and the ethical rules that counsel must obey, are not optional when it comes to the State’s attorneys, even in this case, is to impose the sanction undersigned counsel have urged upon this Court: striking the State’s death notice," reads the filing, signed by defense attorneys Kathryn Nester, Richard Novak, Michael Burt and Staci Visser.

Representatives of the Utah County Attorney’s Office have countered that they did not violate the gag order or any other court rules when they "set the record straight" after what they call a misleading statement from a defense filing led to viral news coverage suggesting that the US Alcohol Tobacco & Firearms (ATF) could not match the bullet that killed Charlie Kirk to the suspected murder weapon, Robinson's grandfather's rifle, describing the tool mark analysis as inconclusive, according to court records. But the caliber was consistent, and a spent casing was also a match.

Judge denies Tyler Robinson defense subpoena of ex-lover Lance Twiggs ahead of preliminary hearing

Judge Graf denied a bid from Robinson's defense team to compel his former roommate and lover Lance Twiggs to testify during the preliminary hearing in July.

Robinson's defense team had sought to compel Twiggs to testify at the preliminary hearing.

"In light of the limited purpose of a preliminary hearing and the authorities discussed above, defendant has failed to identify specific anticipated testimony that is reasonably likely to negate probable cause had just as distinguished from anticipated impeachment that would merely create competing credibility inferences. Therefore, enforcement of the subpoena is not warranted on the present record," Graf said.

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The backstory:

Robinson, 22, is charged with aggravated murder for the killing of Kirk. Kirk was speaking to a crowd of about 3,000 people on Sept. 10 at Utah Valley University in Orem when investigators say Robinson fired a single shot from a building about 140 yards away, striking Kirk, 31, and killing him. 

Robinson could face the death penalty if convicted. 

 

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