The weeklong preliminary hearing for the man accused of killing conservative activist Charlie Kirk enters its second day on Tuesday. Prosecutors aim to show that they have enough evidence against Tyler Robinson to proceed to a trial. After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed, which experts say is likely.
Prosecutors were expected to present a recorded statement from Robinson's roommate and more videos from law enforcement on Tuesday.
Robinson, 23, is charged with aggravated murder in Kirk's Sept. 10 assassination on the Utah Valley University campus, for which prosecutors are seeking the death penalty. Robinson's attorneys have not commented on his guilt or innocence.
Here's the latest:
Spectators camp out overnight to attend the hearing
Denae Branch and Jean Rivera were among the first people lined up outside the courthouse around midnight, trying to snag one of the 14 seats available to the public. The Utah County residents camped out overnight Tuesday, both wearing “FREEDOM” merchandise from Charlie Kirk’s podcast, after they did not get seats inside on Monday.
They were in the crowd at Kirk’s event at Utah Valley University when he was shot, and both said they think about it every day.
“It feels like a lot of the world just kept spinning and we’re still dealing with the trauma of it,” Branch said. “Our hearts and minds are still trying to process it and, yeah, it kind of helps being here.”
Rivera said she hoped to hear testimony about defendant Tyler Robinson’s alleged confession note.
Some courthouse windows are shrouded
The windows on the fourth floor of the courthouse, where the preliminary hearing is taking place, have been covered with black plastic sheeting.
They were not covered yesterday.
Defense questions investigator about the day of the shooting
Defense attorney Kathryn Nester is asking former State Bureau of Investigation agent David Hull about how he handled the crime scene at Utah Valley University on the day of the shooting.
Hull says he arrived on campus about 1:30 p.m., after Charlie Kirk had been rushed to a nearby hospital. He learned around 2:30 p.m. that he was going to be in charge of the investigation, Hull says.
He says he was made aware that the amphitheater area had been cordoned off and preserved as best as possible given the large number of people present when the shooting occurred.
He says a bullet found on scene was attributed to a law enforcement officer who had “cleared” his weapon, ejecting an unused bullet.
Hull says there was another firearm found at the scene: a handgun in a backpack.
Court is back in session
Defense attorney Kathryn Nester is cross-examining former State Bureau of Investigation agent David Hull.
A second video with ‘enhancements’ is introduced as evidence
Deputy Utah County Attorney David Sturgill has introduced a video with circled highlights, zooming and other alterations apparently designed to help viewers understand what they are seeing.
Defense attorney Kathryn Nester objected to the video being introduced as evidence, saying she is concerned about its authenticity and that it will be unduly prejudicial against her client.
State District Judge Tony Graf agrees to admit the video as evidence, but says he’ll view it without showing it to the public or the media since it’s essentially the same footage as the previous video.
Compilation video continues with a vehicle Hull says belongs to Robinson
Hull says a Spanish Fork police officer had an interaction with the vehicle early on Sept. 11. When Hull spoke with that officer later, the officer was able to look up vehicle records via a partial license plate number.
The plates showed Robinson was one of the registered owners of the vehicle, Hull says, and the Spanish Fork police officer said the driver was a male whom he believed to be Robinson.
Hull says video shows Robinson walking with a ‘limp’ and climbing to rooftop
Former State Bureau of Investigation agent David Hull says Robinson is shown in another video returning to campus in different clothing and walking with a limp, with one leg held mostly straight.
Video clips show him walking in front of the Losee building, Hull says, and then to the area where he could access the building’s roof.
Yesterday, former Utah Valley University Officer Chris Bagley testified that he saw a “sniper pad” in the gravel atop the Losee building roof.
Additional clips show an individual climbing onto the roof, running across it and then laying prone in the corner of the building. Hull says he believes the person to be Robinson.
The individual then lowers himself off the roof and leaves the area while carrying something in his hand, Hull says. The time stamp is 12:44 p.m.
Compilation video shows Robinson’s movements on Sept. 10
Former State Bureau of Investigation agent David Hull is narrating the video as it plays in court.
Some clips from various Utah Valley University surveillance cameras show Tyler Robinson driving into a parking garage, walking away, returning and leaving, Hull says.
Other clips show Robinson walking with a backpack. Robinson purchased a meal from Chick-fil-A at one point in the day, Hull says. Later, as Robinson moves across campus, he is no longer carrying a backpack.
He leaves campus for a second time around 11 a.m., Hull says.
Judge says the compilation video can be shown publicly
The defense team wanted the video published only to the court and not to the press videographer in the courtroom. Allowing news coverage of the video would taint the jury pool for any future trial, violating Tyler Robinson’s constitutional rights, defense attorney Michael Burt said.
But David Reymann, an attorney representing news organizations, asked the judge to allow this and other non-graphic videos in evidence to be shown to people in the courtroom and in media coverage of the case.
“The spectators in the courtroom have a right to know what the court is viewing, so they can understand how you’re making your decisions,” Reymann says.
The compilation video is expected to show Tyler Robinson walking around the Utah Valley University campus on the day of the shooting. That’s relevant, Reymann says.
Judge Tony Graf says he recognizes the importance of balancing Robinson’s constitutional rights as well as the importance of transparency. He says this video is different from the three videos of the shooting introduced as evidence yesterday, and so it can be shown publicly.
Former lead investigator David Hull is on the stand
Deputy Utah County Attorney David Sturgill is questioning Hull, the former Utah State Bureau of Investigations agent who testified yesterday about surveillance videos and other footage gathered during the shooting investigation.
Sturgill is asking Hull about a compilation video that includes clips from several different videos. The prosecution team wanted to introduce the compilation as evidence yesterday, but the judge declined after the defense team said the prosecution had not established “foundation.”
The process of establishing “foundation” for evidence generally includes having someone testify about exactly what an item is, including its authenticity and relevance.
Erika Kirk is back in the courtroom today
Tyler Robinson’s parents were also seen entering the courthouse this morning.
State District Judge Tony Graf is giving attendees a reminder of his rules for behavior, including “maintaining a courtroom environment that is safe, respectful, orderly and faithful to the rights and dignity of every person involved.”
It’s warm in the courtroom, so the judge says everyone should feel free to drink from their water bottles.
The defense frequently objected to the introduction of evidence
Defense attorney Kathryn Nester’s attempts were largely overruled by the judge Monday.
When Nester asked Bagley about finding an empty pistol holster on the ground after the crowd fled, he acknowledged he never took custody of the holster and didn’t know whether it had been fingerprinted.
Utah is an open carry state, meaning people can carry guns openly or conceal them without a permit.
Graf sided with the defense to block the introduction of a compilation of surveillance videos from Utah Valley University because some had been altered to zoom in on individuals or had circles drawn around them.
Prosecutors said they would try again Tuesday to introduce that video with the alterations removed.
Prosecutors must pass a low bar to advance Robinson to trial
The proceeding resembles a minitrial, but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk and should stand trial. The standard is lower than for a trial, where prosecutors must prove guilt "beyond a reasonable doubt."
Prosecutors, as a result, should have little trouble advancing their case, said Mark Kouris, a former prosecutor and state judge in Salt Lake City.
“This standard is extremely low, and the chances of them not getting through it are, quite frankly, almost nothing,” said Kouris, now an adjunct professor at the University of Utah’s S.J. Quinney College of Law.
Robinson’s demeanor in the courtroom
The defendant sat quietly between his attorneys throughout the hearing, looking at the prosecution’s exhibits on a monitor and occasionally taking notes. His wrists were shackled to a chain around his waist.
Kirk and Robinson’s families were in the courtroom Monday
Monday marked the first time Kirk’s parents, Kathryn and Robert, and his widow, Erika, were in the courtroom since the case began. Robinson’s parents also were present, sitting a few rows behind the Kirks.
Prosecutors showed several graphic videos of Kirk’s shooting, including the moment he was shot and security administering first aid, as they made their case.
Kirk’s family briefly walked out of the courtroom twice — when Bagley, the university officer, started testifying about Kirk’s arrival on campus and again when prosecutors introduced the videos. Each time, they returned.
The court will hear a statement from Robinson’s roommate
If prosecutors follow the order of an exhibit list they submitted earlier this year, they will present a video from the Washington County sheriff’s office from Sept. 11 — the day Robinson turned himself in — and recorded testimony from Robinson’s roommate.
Prosecutors allege Robinson confessed in a note left for his roommate, who was also his romantic partner, that read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.”
Robinson also reportedly texted his roommate that he targeted Kirk because he “had enough of his hatred,” prosecutors have said.
Prosecutors have also said they plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements and video of Kirk’s killing. In addition, they are expected to argue the shooting endangered others at Kirk’s campus event — an aggravating circumstance that could make the crime punishable by death under Utah law.
What happened during the first day of the hearing?
The court proceedings on Monday produced no major revelations but marked the most significant presentation of evidence to date in the case against Robinson, who is charged with aggravated murder in the assassination of Kirk.
Former Utah Valley University Officer Christopher Bagley testified that he witnessed the shooting while the conservative activist was speaking to a campus crowd of thousands on Sept. 10. Soon after, Bagley went to a nearby gravel rooftop, where it appeared someone had been lying prone with a clear sightline to Kirk's location, he said.
“It looks like a sniper pad,” Bagley told the court.
More video is expected during the hearing
Prosecutors seeking to convince a Utah judge to put the man accused of killing Charlie Kirk on trial are expected to present more law enforcement video and a recorded statement from the defendant's roommate as a weeklong preliminary hearing continues Tuesday.
The court proceedings began Monday and so far have produced no major revelations but marked the most significant presentation of evidence to date in the case against defendant Tyler Robinson, 23, who is charged with aggravated murder in the assassination of Kirk, an ally of President Donald Trump.