The Utah judge overseeing the murder case involving Charlie Kirk’s killing has rejected a defense request to compel Tyler Robinson’s former roommate to testify in person at the preliminary hearing, saying any questions about credibility can be addressed later if the case proceeds to trial.
Judge Tony Graf issued the ruling during a Monday morning hearing, noting that a preliminary hearing is intended to determine whether there is sufficient evidence to move forward to trial, not to decide whether someone is innocent or guilty.
Graf also delayed until Friday a decision on whether prosecutors should face sanctions over public comments about a bullet fragment recovered from the conservative activist’s body.
The defense had separately asked him to bar the death penalty, arguing the prosecutors’ remarks could improperly influence potential jurors on the question of guilt.
Robinson, 23, has not yet entered a plea. He is charged with aggravated murder in the Sept. 10 killing of Kirk, a close ally of President Donald Trump who was shot in the neck while addressing a crowd of thousands at Utah Valley University.
Prosecutors have said DNA consistent with Robinson’s was found on the trigger of the rifle, the fired cartridge casing and two unfired cartridges. Defense attorneys note that forensic reports indicate multiple people’s DNA was found on some items, which they say requires a more complex analysis.
Robinson reportedly texted his roommate, who was also his romantic partner, that he targeted Kirk because he “had enough of his hatred,” prosecutors have said.
Robinson’s defense team asked the judge to block prosecutors from using recorded statements from the roommate in the preliminary hearing, set to begin on July 6. The roommate should be brought to testify in person, the defense attorneys said, so that Robinson can exercise his right to confront witnesses in person and challenge their credibility. But Graf denied that request, saying the time for challenging witnesses will come later.
“The Utah Supreme Court has repeatedly emphasized that a preliminary hearing is not a trial on the merits, but a gateway to the finder of fact,” Graf said. The task of determining whether a witness is credible is a job for the jury if the case goes to trial, he said.
The case has attracted widespread attention, and online speculation and conspiracy theories grew after the defense team disclosed in public court documents that initial tests were inconclusive to determine whether the bullet was fired from the suspected murder weapon.
Conjecture over that evidence fueled unsubstantiated conspiracy theories that there might have been a second shooter, or that his death was staged. Attorneys on both sides have raised concerns that the misinformation and extensive media attention could taint the potential jury pool.
Judge Graf held a hearing earlier this month over whether prosecutors should be held in contempt for their comments about the bullet.
Robinson’s attorneys accused prosecutors including Deputy Utah County Attorney Christopher Ballard of trying to influence potential jurors by going on a “media tour” to talk about ballistics evidence in the case.
Ballard argued at the June 12 hearing that he didn’t speak to the media about case specifics, and he only remarked generally about how ballistics testing can be inconclusive.