Charlie Kirk
AP Photo/ Alex Goodlet

The man accused of assassinating conservative activist Charlie Kirk has suffered back-to-back courtroom defeats that will force key pieces of evidence into the public record.

On 1 June 2026, Fourth District Court Judge Tony Graf denied Tyler Robinson's defence team's motion to close Robinson's upcoming preliminary hearing to the public, ruling that the presumptive constitutional right to open proceedings had not been overcome. The judge simultaneously reserved judgement on a contempt motion against the prosecution, setting a separate evidentiary hearing for 12 June. The rulings cap months of sustained legal manoeuvring by Robinson's defence, and they mean that alleged confessions, DNA reports, surveillance footage and key witness testimony will be aired in a public courtroom beginning 6 July 2026.

What The Defence Tried To Seal

Robinson's defence team listed in court documents a wide range of evidence it sought to keep from public view at the preliminary hearing: DNA and ballistics reports from the ATF and FBI, text messages between Robinson and his then-roommate Lance Twiggs, a recorded statement from Twiggs, a burnt note found in Robinson's apartment, Discord chat logs between Robinson and friends, videos recorded from behind where Kirk was sitting at Utah Valley University and the autopsy report from the state medical examiner.

Defence filings argued that Robinson 'seeks to take evidence in a closed setting regarding the unfairly prejudicial and misleading media coverage and the improper statements of government officials in order to avoid republicising the same'. The team also sought to bar cameras and microphones from the courtroom, contending that media coverage had already tainted the potential jury pool.

On one notable point, however, both sides reached agreement: certain items, such as video footage of Kirk being shot, would not be displayed to the courtroom gallery and would remain unavailable for members of the public to view.

Judge Graf's Ruling: Open Courts And Public Scrutiny

Judge Graf was direct in his 1 June ruling. 'Public access to judicial proceedings also serves an important role in maintaining confidence and fairness and transparency of the judicial process,' he said.

Graf stated that the defence had not shown that presenting the evidence publicly would deny Robinson a fair trial, adding: 'The public and the media enjoy a presumptive right to access court proceedings, including preliminary hearings.'

In denying the motion, Graf noted that the defence had not adequately demonstrated how an open hearing might prejudice a jury pool, that many tools already exist to prevent seating a prejudiced jury, and that much of the evidence prosecutors plan to present at the preliminary hearing is already public. The preliminary hearing is currently scheduled for 6–10 July 2026, having already been delayed once from its original May dates.

The Contempt Fight And What It Exposes

The defence's second major effort, a motion to hold the Utah County Attorney's Office in contempt, fared no better in securing immediate relief, though it did not collapse entirely. Defence attorney Richard Novak argued that the prosecution violated a gag order by discussing an ATF ballistics report with national media, including an appearance on Fox and Friends.

Novak told the court: 'There is no doubt that they understood that they can't be making extrajudicial statements about Mr Robinson's guilt or innocence or about the forensic evidence.' Robinson's parents were seen nodding from the gallery as he spoke.

The prosecution rejected that characterisation. Deputy County Attorney Chris Ballard countered in an opposition filing that 'absolutely misleading' language in defence court documents had compelled prosecutors to 'set the record straight' within court rules.

Judge Graf said the defence had 'made a sufficient preliminary showing under Utah law to warrant further proceedings', but that the evidence presented 'does not constitute a finding of contempt.' He scheduled a full evidentiary hearing on the contempt issue for 12 June 2026, granting each side 90 minutes to argue.

The Evidence Now Moving Into Public View

The evidence that Robinson sought to seal is substantial. Unsealed search warrants quote Robinson as writing to Twiggs: 'I left the house this morning on a mission,' and later telling others online: 'It was me at UVU yesterday.' On the morning of 10 September 2025, he texted Twiggs to 'look under my keyboard,' where investigators say he had placed a handwritten note reading: 'I had the opportunity to take out Charlie Kirk and I'm going to take it.'

Prosecutors have described what they characterise as four separate confessions: a handwritten note Robinson allegedly left for Twiggs the morning of the shooting, a subsequent text exchange with Twiggs, a message to friends in an online group chat and a fourth confession.

Lance Twiggs, Robinson's former partner, who cooperated with investigators and was briefly placed under FBI protection after Robinson allegedly confessed to him by text, will appear via pre-recorded video statement at the July preliminary hearing, prosecutors confirmed. It may represent Twiggs's first public remarks about the case.

Among the physical evidence prosecutors plan to present are photographs and videos from Utah Valley University, exhibits described as a 'photo of sniper perch' and 'photo of rifle in bushes', text messages between Robinson and Twiggs and photographs of notes.

The Mauser rifle recovered near the crime scene, which prosecutors allege had Robinson's DNA on it and had been given to him by his father, remains a central exhibit, even as the defence points to inconclusive ATF bullet testing as potential exculpatory evidence.

Robinson, 23, has not yet entered pleas on any of the seven counts he faces. He faces a potential death sentence if convicted of killing Kirk at Utah Valley University on 10 September 2025. His defence team has now filed a motion asking the Utah Supreme Court to grant interlocutory review of the cameras issue, arguing that Graf's rulings violate Robinson's 'fundamental federal and state constitutional rights to a fair and reliable trial by an impartial jury.' That petition, if granted, could stay all proceedings, including the July hearing, pending the high court's decision.

For now, the courtroom doors remain open.