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A former assistant U.S. attorney says Tyler Robinson’s defense team isn’t just fighting to win Friday’s rulings, they’re laying the groundwork for a death penalty appeal, regardless of how a judge decides two consequential motions in the alleged Charlie Kirk assassination case.
Judge Tony Graf is set to issue rulings Friday at 3 p.m. local time on two defense motions, one seeking to delay Robinson’s preliminary hearing, currently scheduled for May 18, and another to ban cameras from the courtroom entirely.
Former assistant U.S. attorney and criminal defense attorney Neama Rahmani told Fox News Digital he thinks these motions are part of the defense team’s long game, aimed at creating issues that could be raised during appeal.
“The defense is probably thinking that if they raise these motions, whether it’s to exclude cameras in the courtroom or to disqualify the Utah County Attorney’s Office, they’re creating potential issues on appeal, even if Judge Graf denies those motions,” Rahmani said. “So if Tyler Robinson is sentenced to death, he may have more arguments that both state and federal appellate judges will be looking at if he is on death row.“
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He said it’s more likely that Graf will rule to delay the preliminary hearing, but cautioned it may not be pushed back by six months, as Robinson’s attorneys are requesting.
“I think it’s more likely that the judge grants the defense request to continue the preliminary hearing. And this is why, if they did receive hundreds of thousands of documents recently and they need time to go through it, it is the defendant’s right to a speedy trial. And the defendant has the right to waive that right,” he said. “Now, six months may be excessive. Maybe the judge continues it to some later date, weeks or months out. But ultimately, if the judge refuses to grant that continuance, that creates yet another issue on appeal.”
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Robinson’s defense team in January filed a motion to exclude “television cameras and microphones, still photographers, radio microphones and other similar implements of the electronic or broadcast media” out of the courtroom. His defense team argued that “highly sensational” media coverage threatens Robinson’s due process rights and the ability to seat a jury.
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During an April hearing, social psychologist Bryan Edelman, a witness called by the defense, said news coverage of the assassination of Kirk and Robinson’s alleged involvement included “sensationalized” content.
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Cole Christiansen, an investigator with the Utah County Attorney’s Office, argued that media coverage “went both ways” and wasn’t one-sided.
“I think the tone of it went both ways. I think some of the tone of it was negative toward the prosecution and some of it was negative toward the defense as well. Some of it was negative toward Erika Kirk, and some of it was negative toward Charlie Kirk,” he said.
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“We strongly support open and transparent proceedings in this case, so that the public will trust the process here,” Deputy Utah County Attorney Chad Grunander said during the April hearing. “There are conspiracy theories that abound. There are questions being raised, and the best antidote for falsehood is the truth in accuracy. It’s the actual real proceedings. And that’s why we favor opening this court and allowing the cameras in the courtroom.”
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In late March, Robinson’s attorneys asked Graf for a minimum six-month delay for the preliminary hearing, arguing they aren’t capable of reviewing the “voluminous” files received by prosecutors for discovery, which isn’t yet complete.
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Robinson’s attorneys said in an earlier filing that defense attorneys received more than 600,000 files from prosecutors during a meeting on March 12, which they say will take time to review. His defense team asked for a minimum six-month delay for the preliminary hearing, which is currently scheduled to begin on May 18.
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“Discovery in this case is incomplete, voluminous, and the processing of it is complex,” the defense team wrote.
One of the defense’s experts, a forensic biologist, said she would need six months to review the evidence.
Robinson faces multiple charges after he allegedly killed Kirk, who founded TPUSA, on Sept. 10, 2025, including aggravated murder. His charges are death penalty eligible.
Fox News Digital reached out to Robinson’s attorney.
Fox News Digital’s Stepheny Price contributed to this report.
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