PROVO, Utah (AP) — Graphic videos showing the killing of conservative activist Charlie Kirk while he spoke to a crowd on a Utah college campus quickly went viral, drawing millions of views.
Now, attorneys for the man charged in the Sept. 10 shooting of Kirk want a state judge to block such videos from being shown during a hearing Tuesday. Defense attorneys also want to oust TV and still cameras from the courtroom, arguing that “highly biased” news outlets risk tainting the case.
Prosecutors, attorneys for news organizations, and Kirk’s widow urged state District Judge Tony Graf to keep the proceedings open.
“In the absence of transparency, speculation, misinformation, and conspiracy theories are likely to proliferate, eroding public confidence in the judicial process,” Erika Kirk's attorney wrote in a Monday court filing. “Such an outcome serves neither the interests of justice nor those of Ms. Kirk.”
But legal experts say the defense team's worries are real: Media coverage in high-profile cases such as Tyler Robinson's can have a direct “biasing effect” on potential jurors, said Cornell Law School Professor Valerie Hans.
“There were videos about the killing, and pictures and analysis (and) the entire saga of how this particular defendant came to turn himself in,” said Hans, a leading expert on the jury system. “When jurors come to a trial with this kind of background information from the media, it shapes how they see the evidence that is presented in the courtroom.”
Watching those videos might make people think, "'Yeah, this was especially heinous, atrocious or cruel,'” Hans said.
Utah County Attorney Jeffrey Gray testified Tuesday that he thought about seeking the death penalty before an arrest had been made. He could not recall exactly when he told the governor and federal officials about his plan. Asked why he announced so early his intent to seek the death penalty, Gray said the case was already drawing enormous public attention.
“The more delay, then it just creates all this unnecessary public speculation,” he said, adding that he didn’t want Erika Kirk to have to sit with the uncertainty.
Defense attorneys are seeking to disqualify local prosecutors because the adult daughter of Chad Grunander, a deputy county attorney helping prosecute the case, attended the rally where Kirk was shot. The defense alleges the relationship represents a conflict of interest.
In response, prosecutors said in a court filing that they could present videos to demonstrate that Grunander's daughter was not a necessary witness since numerous other people recorded the shooting. Among the videos, prosecutors wrote, is one that shows the bullet hitting Kirk, blood coming from his neck, and Kirk falling from his chair.
Grunander's daughter testified Tuesday that she did not video the shooting or the aftermath. She said she had been looking at the crowd when she heard a loud pop and a man sitting nearby shouted, “He’s been shot.” She said she never turned to look at Kirk and was more focused on running to safety.
Prosecutors have said DNA evidence connects Robinson to the killing. Robinson also reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred.” He has not yet entered a plea.
Robinson's attorneys have ramped up claims of bias as the case has advanced, even accusing news outlets of using lip readers to deduce what the defendant is whispering to his attorneys during court hearings.
Fueling those concerns was a television camera operator who zoomed in on Robinson's face as he talked to his attorneys during a Jan. 16 hearing. That violated courtroom orders, prompting the judge to stop filming of Robinson for the remainder of the hearing.
“Rather than being a beacon for truth and openness, the News Media have simply become a financial investor in this case,” defense attorneys wrote in a request for the court to seal some of their accusations of media bias. Unsealing those records, they added, “will simply generate even more views of the offending coverage, and more revenue for the News Media.”
Further complicating efforts to ensure a fair trial is the political rhetoric swirling around Kirk, stemming from the role his organization played in Trump’s 2024 election. Even before Robinson was charged, people jumped to conclusions about who the shooter could be and what kind of politics he espoused, said University of Utah law professor Teneille Brown.
“People are just projecting a lot of their own sense of what they think was going on, and that really creates concerns about whether they can be open to hearing the actual evidence that’s presented,” she said.