Judge Tony Graf has been weighing the public’s right to know details about the case against concerns by defense attorneys that the heightened media attention could undermine Robinson’s right to a fair trial. Prosecutors, Kirk’s widow and attorneys for news organizations have urged Graf to keep the proceedings open.
Prosecutors intend to seek the death penalty for Robinson, 22, who is charged with aggravated murder in the Sept. 10 shooting of the conservative activist on the Utah Valley University campus in Orem. They have said DNA evidence connects Robinson to the killing.
Robinson has not yet entered a plea.
Attorneys on Friday debated whether the defense's written request to exclude cameras, which was classified by the court as private, should be made public.
Graf said the defense failed to make its case to keep the motion private but that he will continue “balancing all the factors” when deciding which portions of the upcoming hearing may be closed.
Staci Visser, an attorney for Robinson, told the judge before the ruling that the defense is not arguing in the court of public opinion.
“There seems to be an idea that flooding the public sphere with information from this courtroom will somehow dispel conspiracy theories or shift public narratives. That, in and of itself, is concerning to the defense,” Visser said. “All we should be worried about is protecting what happens in this courtroom.”
Robinson’s defense team went on to say that the April 17 hearing will involve discussions about prejudicial pretrial publicity, such as evidence that has yet to be admitted, personal opinions about guilt or public statements that would otherwise be inadmissible in court. Revisiting that in open court could end up "reinflicting a wound” to Robinson's rights, defense attorney Michael Burt said.
Christopher Ballard, a prosecutor with the Utah County Attorney’s Office, dismissed those arguments. He said careful questioning during jury selection and tools like expanding the jury pool can ensure a defendant gets a fair trial.
“So just saying that this is a content tornado or there's been a barrage of media coverage doesn't necessarily mean that there is going to be prejudice to the defendant,” Ballard said.
Ballard noted that most of the evidence that will be discussed in April is already public, so most of the hearing should be open.
Coalitions of national and local news organizations, including The Associated Press, have been fighting to preserve media access in the case. Michael Judd, an attorney for the news media, urged the judge to keep the upcoming hearing entirely open.
Media access has been a focal point of several recent hearings, with the judge placing temporary restrictions on local TV stations for showing Robinson's shackles in violation of a court order and filming close-up shots that might allow viewers to interpret what he was discussing with his attorneys.
The judge also has prevented full video recordings of Kirk’s shooting from being shown in court after defense attorneys argued the graphic footage would interfere with a fair trial. An estimated 3,000 people attended the outdoor rally to hear Kirk, an ally of President Donald Trump who worked to steer young voters toward conservatism.