The weeklong preliminary hearing for the man accused of killing conservative activist Charlie Kirk enters its second day on Tuesday. Prosecutors aim to show that they have enough evidence against Tyler Robinson to proceed to a trial. After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed, which experts say is likely.
Robinson, 23, is charged with aggravated murder in Kirk's Sept. 10 assassination on the Utah Valley University campus, for which prosecutors are seeking the death penalty. Robinson's attorneys have not commented on his guilt or innocence.
Though there were no major revelations on the hearing’s first day, a former Utah Valley University officer testified that he found an apparent “sniper pad” on a rooftop near where Kirk was shot.
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Prosecutors must pass a low bar to advance Robinson to trial
The proceeding resembles a minitrial, but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk and should stand trial. The standard is lower than for a trial, where prosecutors must prove guilt "beyond a reasonable doubt."
Prosecutors, as a result, should have little trouble advancing their case, said Mark Kouris, a former prosecutor and state judge in Salt Lake City.
“This standard is extremely low, and the chances of them not getting through it are, quite frankly, almost nothing,” said Kouris, now an adjunct professor at the University of Utah’s S.J. Quinney College of Law.
Robinson’s demeanor in the courtroom
The defendant sat quietly between his attorneys throughout the hearing, looking at the prosecution’s exhibits on a monitor and occasionally taking notes. His wrists were shackled to a chain around his waist.
Kirk and Robinson’s families were in the courtroom Monday
Monday marked the first time Kirk’s parents, Kathryn and Robert, and his widow, Erika, were in the courtroom since the case began. Robinson’s parents also were present, sitting a few rows behind the Kirks.
Prosecutors showed several graphic videos of Kirk’s shooting, including the moment he was shot and security administering first aid, as they made their case.
Kirk’s family briefly walked out of the courtroom twice — when Bagley, the university officer, started testifying about Kirk’s arrival on campus and again when prosecutors introduced the videos. Each time, they returned.
The court will hear a statement from Robinson’s roommate
If prosecutors follow the order of an exhibit list they submitted earlier this year, they will present a video from the Washington County sheriff’s office from Sept. 11 — the day Robinson turned himself in — and recorded testimony from Robinson’s roommate.
Prosecutors allege Robinson confessed in a note left 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.”
Robinson also reportedly texted his roommate that he targeted Kirk because he “had enough of his hatred,” prosecutors have said.
Prosecutors have also said they plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements and video of Kirk’s killing. In addition, they are expected to argue the shooting endangered others at Kirk’s campus event — an aggravating circumstance that could make the crime punishable by death under Utah law.
What happened during the first day of the hearing?
The court proceedings on Monday produced no major revelations but marked the most significant presentation of evidence to date in the case against Robinson, who is charged with aggravated murder in the assassination of Kirk.
Former Utah Valley University Officer Christopher Bagley testified that he witnessed the shooting while the conservative activist was speaking to a campus crowd of thousands on Sept. 10. Soon after, Bagley went to a nearby gravel rooftop, where it appeared someone had been lying prone with a clear sightline to Kirk's location, he said.
“It looks like a sniper pad,” Bagley told the court.
More video is expected during the hearing
Prosecutors seeking to convince a Utah judge to put the man accused of killing Charlie Kirk on trial are expected to present more law enforcement video and a recorded statement from the defendant's roommate as a weeklong preliminary hearing continues Tuesday.
The court proceedings began Monday and so far have produced no major revelations but marked the most significant presentation of evidence to date in the case against defendant Tyler Robinson, 23, who is charged with aggravated murder in the assassination of Kirk, an ally of President Donald Trump.
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