The fight over what the public can see in the Charlie Kirk case moved back into open court Friday, when a Utah judge rejected the defense's effort to keep a key filing out of public view, but left the door open to closing parts of a hearing next month.
Tyler Robinson, 22, returned to court in Provo as his lawyers argued that broader public access could make it harder to seat an impartial jury in one of Utah's most closely watched criminal cases.
Robinson is charged with aggravated murder in the Sept. 10 shooting death of Kirk at Utah Valley University in Orem. Prosecutors plan to seek the death penalty, and Robinson has not yet entered a plea.
Judge Tony Graf ruled that the defense had not shown enough to overcome the public's presumptive right of access to court proceedings and records.
The immediate dispute centered on whether the defense's written request to exclude cameras from an upcoming hearing should remain private. Graf said it should not.
The ruling sets up an April 17 hearing at which Robinson's attorneys are expected to argue that cameras, microphones, and photographers should be excluded from the courtroom.
Though Graf refused to keep the filing sealed, he said he was still weighing whether portions of that hearing itself should be closed.
That left both sides with something to work with.
Defense attorney Staci Visser argued that public discussion of evidence not yet admitted at trial, along with commentary about Robinson's guilt, could poison the jury pool before trial begins.
Prosecutor Christopher Ballard pushed back, arguing that judges routinely protect fair-trial rights through jury questionnaires, careful voir dire, and, if needed, a broader jury pool.
The broader clash has been building for months.
Media organizations, including The Associated Press, have pressed to keep the case open, while the court has already imposed some limits, including restrictions after local television stations showed Robinson's shackles and aired close-up footage of conversations with his lawyers.
Graf has also barred full video of the shooting from being played in open court after the defense objected.
Friday's ruling did not settle the larger question of how public the case will remain as it moves toward trial.
But it made clear that Robinson's attorneys will have to do more than cite intense publicity if they want future proceedings closed in the killing of a nationally known conservative leader.
The Associated Press contributed to this report.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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