A five-day preliminary hearing to determine whether the case against Tyler James Robinson, the man charged with killing Charlie Kirk, will advance to trial came to a close on Friday.
Final arguments are set to take place in September. US district judge Tony Graf will sift through the evidence presented by the state and Robinson’s defense team before issuing a ruling.
This week’s legal proceedings marked the first time Kirk’s widow, Erika, and his parents were present in the courtroom with the man prosecutors say killed Kirk last year.
Kirk, a prominent far-right political figure, was known for galvanizing young conservatives with his college-targeted advocacy group Turning Point USA. He was on tour and staging one of his marquee events, where he would spar rhetorically with ideological foes, at Utah Valley University on 10 September last year when he was shot in the neck.
The court heard critical evidence about forensic testing that linked Robinson’s DNA to the firearm prosecutors say was used to kill Kirk, in addition to video footage allegedly showing him entering the campus and climbing on to a rooftop perch.
Portions of an investigatory interview with Robinson’s former roommate and romantic partner Lance Twiggs were also played for the court. Twiggs recalled Robinson expressing remorse, saying he wished he “hadn’t done it”, a day after Kirk’s death.
Robinson’s defense strategy came into clearer view as his attorneys sought to cast doubt on the accuracy of the DNA testing. Questions still swirl over whether he will enter a guilty plea.
Graf reminded the defense, at times, to steer clear of the minutiae, as attorneys questioned witnesses.
“We don’t need to go 100 miles down a path where one mile is where probable cause may be. I invite you to refocus … I’m not trying to limit your theories or such but I need to hold to probable cause,” Graf said in court on Thursday.
On Friday, Robinson’s lawyers continued the approach they have used throughout the hearing – calling into question the DNA evidence in the case.
Caitlin Oliver, a forensic biologist at the Bureau of Alcohol, Tobacco, Firearms and Explosives, told the court that DNA samples on some parts of the rifle believed to be used in Kirk’s killing were at least 1 trillion times more likely to have been contributed by Tyler Robinson and one other unrelated person.
Much of the proceedings on Friday morning focused on a courtroom violation that occurred on Thursday when media cameras briefly showed a piece of evidence – a communication between Robinson and Twiggs – that was not supposed to be viewed by the public.
Prosecutors showed the exhibit without warning, media attorney Michael Judd told the judge, when typically they would make an announcement before displaying an exhibit. A camera operator moved the view in a matter of seconds.
“Compliance with court orders is essential in all proceedings,” Graf said. He said protecting the constitutional rights of defendant Tyler Robinson and Charlie Kirk’s widow Erika Kirk was “paramount”.
Richard Novak, an attorney for Robinson, asked the judge to bar the news media camera from the courtroom for the rest of the hearing, but Graf decided to allow the camera to stay, while stipulating that it could not record evidence on Friday.
The case will resume on 1 September when the defense and prosecution will present final arguments over whether the case should go to trial.
The Kirk family said in a statement on Friday that the conclusion of the hearing “marks an important step forward in the pursuit of justice for Charlie”.
“Our family is grateful for the prayers, support, and kindness that has been extended to us, especially through these unimaginably painful and emotionally demanding proceedings,” the family said. “As difficult as these last few days have been, it brings our family comfort to know that the world has witnessed the overwhelming evidence of what occurred to Charlie that day.”
The Associated Press contributed reporting
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