PROVO, Utah – Lawyers for the man accused of killing conservative activist Charlie Kirk plan to call a final witness on Friday as they try to raise doubts about the prosecution’s case before it can go to trial.
A Utah judge is deciding whether prosecutors have enough evidence to put Tyler Robinson on trial on a charge of aggravated murder. Kirk, 31, was killed as he spoke to a crowd of thousands at Utah Valley University on Sept. 10.
One of Robinson’s attorneys, Michael Burt, attempted to inject uncertainty into the case on Thursday by challenging the reliability of ballistics tests conducted on a bullet fragment recovered from Kirk’s body. Authorities sought to tie the fragment to the suspected murder weapon, but the results were inconclusive. “Saying anything but inconclusive was inappropriate,” stated Samantha Karner, a representative from the Bureau of Alcohol Tobacco Firearms and Explosives.
Burt also questioned the reliability of DNA evidence that investigators claim links Robinson to the scene. However, experts assert that the science behind DNA testing is robust and well-established.
Robinson has not entered a plea in this case. He turned himself in a day after the fatal shooting of Kirk, a close ally of former President Donald Trump and a prominent figure credited with helping galvanize young voters for the Republican party ahead of the 2024 election.
The defense plans to call a final witness to testify on Friday, marking the last day of the weeklong preliminary hearing. However, state District Judge Tony Graf has indicated that a decision regarding the evidence will not come until after September 1, when he has scheduled oral arguments in the matter.
During the proceedings on Thursday, prosecutors presented excerpts from a recorded interview with Robinson’s roommate, Lance Twiggs. The day after Kirk was shot, Robinson allegedly expressed remorse to Twiggs, saying “he wishes he hadn’t done it,” a statement revealed during the court session.
Moreover, shortly before turning himself in, Robinson posted a message in a Discord chat room stating, “it was me at UVU yesterday,” according to investigators and messages displayed by prosecutors. Defense attorneys argued against the public release of Twiggs’ statements and the chat room messages, claiming that prosecutors would characterize the material as a confession, potentially undermining Robinson’s right to a fair trial.
Prosecutors assert that the shooting endangered others at Kirk’s campus event, a factor that could elevate the severity of the crime under Utah law, possibly making it punishable by death. Additionally, Robinson faces potential sentence enhancements based on claims that he targeted Kirk due to his political views.
In his interview with prosecutors and investigators, Twiggs mentioned that Robinson sometimes discussed political topics, including Trump, but he had never heard Robinson mention Kirk before the shooting. Twiggs also noted that Robinson did not frequently engage in discussions about gender issues or LGBTQ rights.
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Brown reported from Billings, Montana.
