(CN) – Prosecutors in the Charlie Kirk murder case on Friday argued against efforts by a defense attorney to delay a May preliminary hearing for the man accused of shooting the conservative leader.
Attorneys for Tyler Robinson, 23, asked Fourth Circuit Judge Tony Graf Jr. to delay the preliminary hearing for several months, saying they have yet to receive key evidence needed to proceed.
Prosecutors said the standard for a preliminary hearing is low and they need only present enough substantial evidence to establish probable cause. Robinson’s lawyers countered that they can’t effectively subpoena witnesses without DNA evidence, which they say has yet to be submitted.
Robinson is also seeking to limit media access to court proceedings. At Friday’s hearing, attorneys questioned witnesses about previous news coverage, with the defense arguing that negative reports could prejudice the jury pool.
Graf made no decision on either issue, saying he would rule on May 8.
Robinson faces the death penalty in connection with September 10, 2025, gunshots Kirk at an outdoor rally at Utah Valley University. Kirk was a co-founder of Turning Point USA and a prominent conservative figure.
Utah Deputy District Attorney Ryan McBride opposed the postponement of the preliminary hearing, saying the evidence he plans to present is limited to confessions, videos, physical evidence and DNA.
McBride also cited a note Robinson left for his roommate and boyfriend.
“I had the opportunity to get Charlie Kirk out and I took it,” McBride said of the mark.
Robinson and his roommate also texted after the shooting. In those texts, Robinson said he shot Kirk and left the rifle near the scene, intending to retrieve the gun before returning home, McBride said.
Additionally, Robinson confessed to a group of people on a messaging app, the prosecutor said.
“‘I did it, thanks for all the good times and goodbye,'” McBride said of the message.
Robinson also told a former law enforcement officer, he added.
Additionally, McBride pointed to video surveillance and physical evidence linking Robinson to the shooting.
He said video taken at Utah Valley University captured Robinson arriving around 7 a.m. on Sept. 10. Robinson’s car and clothes are visible.
“The same clothes he’s wearing when he comes back the next day,” McBride added.
Robinson is seen again wearing different clothes but the same shoes. He was limping because of a rifle hidden in his pants, the prosecutor said.
Authorities later found a rifle at the scene, along with shell casings emblazoned with political messages. A search of Robinson’s home after his arrest turned up ammunition of the same make and model, McBride said.
McBride argued that three categories of evidence — the confessions, video and physical evidence — are irrelevant to Robinson’s request for a delay. He said only the fourth category, DNA evidence, is relevant.
According to McBride, DNA evidence includes analysis linking Robinson to the rifle, a towel found with him and a screwdriver recovered from the site of the fatal shooting.
“There is a probable cause regardless,” McBride said.
Representing Robinson, attorney Richard Novak pointed to the DNA evidence as critical to his client’s case during the preliminary hearing. He argued that the judge should postpone it, since the defense team has not received discovery – the evidence provided by prosecutors – and its DNA experts have not had time to review it.
“It is clear that Mr. Robinson is prejudiced by the preliminary hearing going forward as scheduled at this point,” Novak said.
Novak said evidence summary reports exist, but the underlying electronic records have not yet been turned over by federal authorities. Without this data, prosecutors cannot provide it to the defense.
Novak added that Robinson has the right to cross-examine witnesses at the preliminary hearing, including experts who may testify about that evidence. But he argued that the hearing would be meaningless without the evidence itself and several months to consider it.
Other defense lawyers said they need at least four months to prepare. Attorney Kathy Nester said the team also has not yet examined the gun used in the shooting.
“I think that’s really important for the purposes of the preliminary hearing,” she added.
Testimony in the case also played a major role in Robinson’s effort to limit media access to the courtroom.
Robinson is seeking to keep the cameras out of the courtroom, calling a witness to testify about how media reports have misrepresented aspects of the case and advanced the prosecution’s narrative.
Bryan Edelman, a trial consultant, called some media reports sensational and ridiculous. In one report, a body language expert commented on Robinson’s blinking and breathing habits, calling them odd for a high-pressure courtroom scene.
“And that’s based on him looking at a Webex for a few seconds,” Edelman added.
Edelman also noted the media’s focus on texts exchanged between Robinson and his roommate. He said the media have continued to mention the texts, even though they have not been presented in some court proceedings. This could confuse a jury. Several media outlets also offered opinions on what evidence might reach the jury.
Edelman conducted a survey to gauge the impact of media coverage on the Utah County jury pool, focusing on people’s views of Robinson.
Under cross-examination, Chief Deputy District Attorney Chad Grunander asked Edelman questions about some people who gave negative opinions of Kirk in that poll. Edelman said over 60% had positive opinions of Kirk, while about 25% had negative opinions.
Grunander later argued that someone with negative feelings toward Kirk might be more likely to favor Robinson.
“You can pick as many cherries as you want,” Edelman said. “I’m sure there’s a bunch of different things out there.”
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