Tyler Robinson roommate does not have to appear at preliminary hearing, judge rules

PROVO — The judge in the Tyler Robinson capital murder case is expected to announce his rulings on two issues Monday.

The decisions come as Robinson and his defense team are renewing their efforts to keep cameras and microphones out of the courtroom during the upcoming preliminary hearing.

Fourth District Judge Tony Graf will decide Monday whether the Utah County Attorney’s Office should be held in contempt of court for speaking to the media about evidence in the case. He will also announce a decision on whether hearsay evidence will be allowed at trial.

Robinson, 23, is accused of shooting and killing political activist Charlie Kirk at Utah Valley University on Sept. 10, 2025. He currently faces a potential death sentence if convicted.

In March, Robinson’s defense team filed a motion to postpone his preliminary hearing. In that motion, they noted that an initial report from the Bureau of Alcohol, Tobacco, Firearms and Explosives “indicates that the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson.”

The state contends that Robinson should have said the ATF report could not identify or exclude that the bullet fragments recovered at autopsy matched the rifle found near the shooting. But because that part was left out, prosecutors argue the statement created a firestorm in the media and they needed to correct the misleading information being spread. To do that, prosecutor Chris Ballad, the Utah County Attorney Office’s spokesman, issued a press release and went on several national news programs to talk about the ATF report.

Robinson’s defense team believes Ballard’s “media tour” violated Graf’s order not to prejudice the potential jury pool by speaking to the media and now want the office held in contempt. Furthermore, Robinson has requested that Graf pull the option of seeking a death penalty from the table as a penalty for that contempt.

Graf is also expected to announce this coming Friday his decision on another request by Robinson’s defense team to keep cameras and microphones out of the courtroom during the preliminary hearing.

“Mr. Robinson objects to electronic media coverage of the preliminary hearing in its entirety because ‘there is a reasonable likelihood that electronic media coverage will prejudice the right of the parties to a fair proceeding,'” the defense team stated in their latest motion filed Sunday. “Continuing electronic media coverage of the proceedings in this case, particularly the preliminary hearing, threatens Mr. Robinson’s rights to a fair trial by an impartial jury by perpetuating bias in the public against Mr. Robinson.

“Specific to the preliminary hearing, the electronic media coverage will memorialize and widely disseminate the anticipated largely hearsay-based evidentiary presentation from the state. Such evidence is, by its very nature, insufficiently reliable for admission at trial,” the motion continues. “It bears repeating, the state of Utah is seeking the death penalty against Mr. Robinson. The taking of evidence during the preliminary examination and the determinations made by the court thereafter based upon that evidence is a critical stage of these capital proceedings. The media presence in the courtroom both distracts and places added pressure on hearing participants to present for the media, as opposed to focusing on the facts, evidence, and mechanics of the hearing. Mr. Robinson’s case is not and should not be made into a reality TV show.”

Robinson has appealed Graf’s decision to allow cameras in the courtroom for the preliminary hearing to the Utah Supreme Court and has further asked the state’s high court to order a pause on all legal proceedings in the Robinson case until the Supreme Court decides whether it will hear his appeal. Last week, Robinson filed another motion to the Utah Supreme Court requesting that the judges expedite their review of the motion to stay the 4th District Court proceedings in light of the upcoming preliminary hearing.

Also, on Monday, defense attorneys announced that they plan to call seven forensic witnesses to testify at the preliminary hearing, with six of them being flown in from the East Coast. Robinson’s defense team says it anticipates the state may file a motion opposing the move, and hopes Graf can make a decision on that issue before the hearing begins.