The man accused of murdering Charlie Kirk wants the judge to ban cameras from the courtroom, saying live broadcasts of the arraignment are violating his right to a fair trial.
Tyler Robinson was in court Friday as his attorneys press their claims that biased coverage is tainting potential jurors in his escalating murder case.
One of the many examples cited was a New York Post story suggesting that Robinson admitted to murdering Kirk during a court hearing on December 11, his first appearance since being charged. The conversation with his attorneys was off the record, but the story cited “lip-reading analysis” to support its claim that Robinson said, “I think about the shooting every day.”
“The primary purpose served by the live stream coverage is not academic reporting of court proceedings, but rather advertising gain, sensationalism, a political agenda, and, primarily, the disparagement of Mr. Robinson,” his attorneys wrote in their request to Bar Cameras.
Prosecutors plan to seek the death penalty if convicted in the Sept. 10 shooting of a conservative activist addressing a crowd of thousands on the Utah Valley University campus in Orem.
Robinson, who turned 23 on Thursday, has yet to enter a plea.
The media sensationalism surrounding the case cuts both ways. In a March 30 headline, the UK-based Daily Mail reported “Millen” was the rifle used by Robinson to kill Kirk. The story was based on an inconclusive, preliminary finding by ballistics experts and led to speculation about Robinson’s possible exoneration. The FBI is conducting additional tests, according to court documents.
Media organizations, prosecutors and Kirk’s widow, Erica Kirk, want the court to allow the cameras. They argue that the best way to guard against misinformation and conspiracy theories is to make the process of dealing with Robinson’s defense team transparent.
However, livestreaming by media outlets has already tested judge Tony Graf’s patience.
During the December hearing, Graff briefly halted the livestream and ordered the camera to be relocated after it showed the defendant’s bones in violation of a court decorum order.
Then, the January trial was halted when Robinson’s lawyers argued that close-up shots of Robinson, streamed live by a local television station, could again lead to claims based on lip reading. That was also a violation of Graf’s decorum order. The judge ordered the camera operator not to film Robinson for the rest of the trial.
Mike Judd, a lawyer for a coalition of media organizations including the Associated Press, is fighting to protect access, while Graff has so far focused on whether his rules inside the courtroom are being followed, not what the media say outside the courtroom.
“All the courts can do is try to control what feeds into that media ecosystem,” Judd said. “You reduce the likelihood of publishing things that may later become a matter of potential bias concerns.”
Policies on cameras and live streaming vary among states, and many, including Utah, give judges discretion over whether to allow cameras. Cameras are generally prohibited in federal courthouses.
“There is Supreme Court precedent that says courts should generally be open to the public, but that’s not an absolute right,” said University of Utah law professor Tenille Brown. “If they allow public access, that does not amount to a right to broadcast or record.”
Robinson’s attorneys are seeking to delay his May preliminary hearing, when prosecutors must show they have enough evidence to proceed with the case.
Prosecutors said the rifle’s trigger matched Robinson’s DNA. Defense attorneys noted that forensic reports indicate that DNA from multiple people was found on some of the items, which they say requires more complex analysis.
Robinson allegedly texted his romantic partner that he targeted Kirk because he “had enough of a grudge against her,” prosecutors said.
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