PROVO, Utah — A significant weakness in the prosecution’s case against Tyler Robinson, who is accused of assassinating Charlie Kirk, may lie in the timeline presented by the prosecution, as suggested by a well-known defense attorney from Utah. She anticipates that the defense will extend the discovery phase for up to a year before a preliminary hearing takes place.
Charlie Kirk, a 31-year-old father of two, was fatally shot at approximately 12:20 p.m. on September 10 while addressing a Turning Point USA event at Utah Valley University. As a founder of the influential conservative student organization, he played a key role in revitalizing youth engagement with the Republican Party.
“There are still many unknowns as this case unfolds,” remarked Skye Lazaro from the Salt Lake City legal firm Ray Quinney & Nebeker.
The defense team remains in the dark as well. The discovery process initiated on Monday, with prosecutors required to provide their initial disclosures within five days. Moreover, Robinson’s attorneys have already postponed his waiver hearing by a month.
Some evidence has surfaced in public statements, press briefings, and the charging documents filed last week. Prosecutors cited troubling text exchanges between Robinson and his roommate and romantic partner, Lance Twiggs, where he purportedly admitted culpability for Kirk’s murder, though these messages lack precise timestamps.
Robinson, 22, was apprehended in his hometown in southern Utah just 33 hours after the shooting. Prior to his arrest, he reportedly returned to the scene, where police discovered what they believe to be the murder weapon, as was first reported by Fox News Digital. However, details concerning the timing of his interaction with a police officer positioned at the scene remain unclear.
“Inconsistencies in the timeline could undoubtedly undermine their case,” Lazaro mentioned to Fox News Digital.
Robinson allegedly informed the officer that he was retrieving something left by a parking garage near the area, close to where police located the rifle, according to a law enforcement source. This was not initially viewed as suspicious due to the chaotic aftermath of Kirk’s murder, which occurred in front of a crowd of about 3,000. Nonetheless, the officer conducted a standard check on Robinson’s license plate, which was later connected to the investigation once he was flagged as a possible suspect.
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Should the officer’s body camera not have been activated, this could provide a potential opportunity for Robinson’s defense team to challenge the integrity of the investigation, Lazaro indicated.
Further analysis of the text messages could also pose additional challenges for Robinson’s defense, as Lazaro observed.
“Subpoenaing cellphone records often reveals the originating locations of messages,” she noted.
Should the subpoenas confirm that Robinson’s messages were sent from his phone in Orem and received by Twiggs’ phone in St. George, this would substantiate the prosecution’s claims.
“The defense will invest considerable time in analyzing this information, potentially utilizing their own forensic expert to build a comprehensive timeline,” she added.
Twiggs is reportedly cooperating with investigators, but the defense will likely work to discredit the state’s case.
“It may emerge that the evidence against him isn’t as incriminating as initially perceived,” Lazaro remarked. “It’s essential to recognize that when the government submits a probable cause affidavit, it reflects their strongest arguments at that moment.”
The charging documents are devoid of any exculpatory evidence the defense could leverage later, so they will actively seek such information during discovery or via witness testimonies at a forthcoming preliminary hearing, which, according to her, may still be some time away.
Robinson has yet to enter a plea. During a waiver hearing on Monday, the court approved the inclusion of two out-of-state attorneys to assist his Utah public defender, Kathy Nester. They are Michael Burt and Richard Novak, both practicing in California.
In Utah County, characterized by a sizable population affiliated with the Church of Jesus Christ of Latter-day Saints that frequently travels for mission experiences, Nester does not foresee their California connections being problematic.
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“If this case were being tried in Eastern Montana, the presence of a city lawyer might pose issues due to local sentiments against outsiders dictating proceedings, but I don’t anticipate that being as significant an issue here,” she explained. “Their extensive experience in capital case defenses across various states and federal courts suggests they are accustomed to navigating such situations for clients.
The Justice Department has yet to announce any federal charges against Robinson, although such charges remain a possibility.
Nester requested the court to allot extra time for deciding whether Robinson would demand a preliminary hearing, which is an evidentiary session where the prosecution must establish probable cause before proceeding.
While the defense does not expect to have the case dismissed at this hearing, it may provide valuable insight and an opportunity to challenge witnesses ahead of trial, allowing them to assess their performance under rigorous scrutiny.
“This is a probable cause determination, viewed in the most favorable light for the state,” Lazaro indicated.
In Utah, preliminary hearings can experience lengthy delays in serious felony cases, sometimes extending up to a year, according to Lazaro. Robinson is charged with aggravated murder, the most serious offense carrying the death penalty.
The next hearing is slated for October 30 in Provo, but Lazaro anticipates that the defense will request further postponement.
