Why Charlie Kirk’s Murder Case Is Taking So Long

Prosecutors face a long path to trial for alleged Charlie Kirk assassin Tyler Robinson due to his numerous complaints about the case’s fairness.

Utah Judge Tony Graf, appointed by Republican Utah Gov. Spencer Cox, has been weighing complaints about media attention, access to evidence and prosecutors’ conduct since Utah County charged Robinson with Kirk’s Sept. 10 murder in Orem. None of the defense’s complaints to Graf have resulted in real setbacks for prosecutors yet — other than prolonging the case.

“Justice delayed is justice denied, as the saying goes,” one prosecutor told Graf in a televised Friday hearing. “And that’s because it affects a victim’s right to a speedy trial, it affects the public’s perception of legitimacy of the prosecution and the judicial system and it has real effects on the evidence that may be presented at trial.”

“Witnesses become unavailable. Memories fade. Evidence grows stale,” the attorney said. Kirk’s widow, Erika, also asserted her right to a speedy trial as a victim and warned against “undue delay” in a January filing to the court.

Graf has not yet set Robinson’s trial date, nor has Robinson entered a plea. Before trial, prosecutors have to argue that there is probable cause to charge Robinson in a preliminary hearing. Graf will decide that hearing’s date on May 8, he said Friday.

Robinson was charged with aggravated murder, felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering and committing a violent offense in the presence of a child after prosecutors say he climbed a UVU rooftop and killed Kirk with one shot while he talked politics with a crowd. Utah County is seeking the death penalty.

Delay is “not unusual or out of the ordinary” for a case as complex as Robinson’s, which involves more than 200 terabytes of digital material, a defense attorney told Graf on Friday. The defense also said Utah has not yet granted access to evidence such as Robinson’s phone and DNA lab notes from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

The law office representing Robinson and the Utah County Attorney’s Office did not respond to the Daily Caller News Foundation’s request for comment.

Prosecuting The Prosecution

Graf is currently weighing an April defense motion arguing that he should hold Gray and deputy prosecutor Christopher Ballard in contempt for making opinionated comments to the media ahead of trial. The filing alleged that they broke Graf’s September order requiring participants in the case not to make statements that could prejudice a jury, including “any opinion as to [Robinson’s] guilt or innocence.” Defense lawyers’ examples included Ballard telling TMZ, “We have ample evidence to demonstrate beyond a reasonable doubt that Tyler Robinson committed this murder.”

Utah courts can punish prosecutors found in contempt with fines and jail time and even throw out cases in “the most serious instances” of misconduct, Graf warned both sides Friday.

The defense’s contempt motion followed a previous attempt to have Graf take action against prosecutors. Robinson’s lawyers asked Graf to disqualify the Utah County Attorney’s Office from the case because one assistant prosecutor’s daughter was present at UVU when Kirk was killed. Graf denied the motion in February, saying the daughter was not affected by the incident in ways that would create a conflict of interest.

The Bullet

Robinson’s defense made headlines by claiming in January that authorities could not match the bullet that killed Kirk with the alleged murder weapon, citing an ATF report.

Some online commentary and press coverage falsely claimed that the ATF determined there was no match. The report was actually “inconclusive” one way or the other due to the bullet’s damage, the defense wrote. It is more common for forensic examiners to make an inconclusive analysis when working with damaged bullets, according to 2024 research led by the National Institute of Standards and Technology.

The fatal round “could not be identified or excluded as having been fired from [Robinson’s] rifle based on an agreement of all discernible class characteristics and neither sufficient agreement nor sufficient disagreement of individual characteristics,” Robinson’s team wrote.

Whether Robinson possessed the rifle left in the woods has not been disputed. Officials alleged in September that they found Robinson’s DNA on the rifle’s trigger, cartridges, cartridge casings, other rifle parts and a towel associated with the weapon.

Robinson also allegedly left a note for his transgender-identifying romantic partner that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it.” The suspect turned himself in to authorities after family members said they recognized him from FBI photos and confronted him, according to prosecutors.

Defense attorneys asked Graf to allow their own expert to analyze the fatal bullet before trial. Otherwise, “the defense will be unable to independently verify conclusions, cross-examination will be unfairly limited, and the jury will hear unchallengeable expert testimony,” the January motion said. The document emphasized that Robinson could challenge the legal admissibility of some evidence, a move that would further delay a trial.

It is unclear whether the Trump administration will bring federal charges against Robinson after assisting the state’s investigation. An ATF spokesperson referred the DCNF to Utah County for questions about the agency’s bullet report.

Closed Court?

Beyond critiquing the government’s media statements, Robinson’s lawyers want journalists blocked from proceedings over what they call sensational coverage that could prejudice jurors.

Graf has allowed news cameras in Robinson’s proceedings with limitations. The judge ordered broadcasters in December and January not to film Robinson’s behavior, attorneys’ case materials or court activities outside of official proceedings, The New York Post and DCNF reported. Graf warned that violating his rules could lead him to revoke broadcast privileges.

Defense attorneys bolstered their argument on Friday with expert testimony from psychologist Dr. Bryan Edelman, who polled 200 jury-eligible Utah County residents about media coverage of the Kirk shooting. Ninety-six percent said they were aware of the case, 64% believe Robinson is guilty of murder and 35% think he should be executed, Edelman said. Residents reacted strongly to Robinson’s character, calling him names ranging from “piece of shit” to “victim,” according to Edelman.

Edelman also said media coverage led to inflammatory statements from high-profile figures such as President Donald Trump, mentioning how he called for Robinson’s execution days after Kirk’s murder.

“God willing, he will receive the full and ultimate punishment for his horrific crime. It’s a terrible thing,” Trump told an audience at a September memorial service for Kirk in Arizona, prompting applause. “Because you can’t let that happen. You can’t let that happen. Can’t let it happen to a country.”