SALT LAKE CITY — SALT LAKE CITY (AP) — Charlie Kirk’s widow and parents are expected to appear in a Utah court this week, where prosecutors seeking the death penalty will argue that the man accused of killing the conservative activist should be tried for murder. The five-day preliminary hearing that begins Monday will be
SALT LAKE CITY — SALT LAKE CITY (AP) — Charlie Kirk’s widow and parents are expected to appear in a Utah court this week, where prosecutors seeking the death penalty will argue that the man accused of killing the conservative activist should be tried for murder.
The five-day preliminary hearing that begins Monday will be the first time members of Kirk’s family will be in the Utah courtroom with defendant Tyler Robinson. The hearing will be broadcast live.
Robinson turned himself in after the shooting. Prosecutors allege he also sent a confessional text message to his partner and left a note saying he had a chance to kill one of the country’s leading conservative voices “and I’m going to take it.”
However, he has not pleaded guilty in the case.
Robinson, 23, is charged with aggravated murder in the Sept. 10 killing of Kirk, who was addressing a crowd of thousands at Utah Valley University. His lawyers have not commented on his guilt or innocence.
The months of legal wrangling leading up to the hearing focused largely on media access. Starting Monday, the focus will be on whether there is enough evidence for a trial and whether the death penalty is justified, said Paul Cassell, a University of Utah law professor and former federal judge.
Cassell said evidence made public to date in court documents suggests prosecutors have “an overwhelming case.”
“This appears to be a proverbial triumph at this stage of the case, where the only question is whether there is a solid basis to move forward with a trial on the merits,” he said.
The death penalty is an option in Utah only when a crime has aggravating circumstances. Prosecutors will argue in Robinson’s case that Kirk’s shooting endangered others present.
The proceeding will resemble a mini-trial, and prosecutors plan to offer DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy results, witness statements and a video of Kirk’s murder. They are not required to present all of their evidence and may use second-hand information or hearsay.
After the hearing concludes, state District Judge Tony Graf must determine whether the case should continue.
Journalists and the public will be able to attend after Graf denied a defense request to restrict access.
Kirk’s killing sparked backlash from his Republican allies, including President Donald Trump, who first announced Robinson’s arrest in a Sept. 12 interview on Fox News, saying, “I hope he gets the death penalty.”
This week prosecutors only need to show there are reasonable grounds to believe Robinson killed Kirk. The standard is lower than that of a trial, where prosecutors have to prove guilt “beyond a reasonable doubt.”
Authorities have said DNA consistent with Robinson’s was found on the trigger of the rifle used to kill Kirk, the shell casing of the fired cartridge, two unfired cartridges and a towel used to wrap the rifle.
Robinson’s parents confronted him after authorities released a surveillance photo of the suspect and details about the rifle, authorities said. His parents convinced him to meet with a family friend, a retired sheriff’s deputy, who allegedly helped arrange Robinson’s surrender.
Prosecutors have said Robinson left a note for his roommate, who was also his romantic partner, that said, “I had a chance to take out Charlie Kirk and I’m going to take advantage of it.” They also said he wrote to his roommate in a text message about Kirk: “I’ve had enough of your hate. Some hate can’t be negotiated.”
Defense attorneys tried, unsuccessfully, to prevent prosecutors from using recorded statements from Robinson’s roommate during the hearing. The defense wanted the roommate to testify in person so Robinson could exercise his right to question the credibility of witnesses against him. Graf said the time to challenge witnesses would come later.
Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the young conservative vote to help Trump win a second term.
His widow, Erika Kirk, who took over the organization after his death, pushed to maintain public access to Robinson’s prosecution when defense attorneys tried to exclude cameras from the courtroom. She forgave Robinson during her husband’s funeral.
She is expected to appear in court throughout the week with her husband’s parents, Robert and Kathryn Kirk, according to a person familiar with the situation who spoke on condition of anonymity because they were not authorized to speak publicly.
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Brown reported from Billings, Montana.
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