Charlie Kirk assassination suspect back in court as judge set to rule on sanctions
A Utah judge is set to rule Monday on several motions filed by the defense team for Tyler Robinson, the man accused of plotting to assassinate Charlie Kirk, including a bid to sanction prosecutors by stripping the death penalty from the case. Robinson's lawyers argue prosecutors violated a gag order by speaking publicly about the case.
Judge denies Tyler Robinson defense subpoena of ex-lover Lance Twiggs ahead of preliminary hearing
Judge Tony Graf denied a bid from Tyler Robinson's defense team to compel his former roommate and lover Lance Twiggs to testify during the preliminary hearing in July.
Robinson's defense team had sought to compel Twiggs to testify at the preliminary hearing.
"In light of the limited purpose of a preliminary hearing and the authorities discussed above, defendant has failed to identify specific anticipated testimony that is reasonably likely to negate probable cause had just as distinguished from anticipated impeachment that would merely create competing credibility inferences. Therefore, enforcement of the subpoena is not warranted on the present record," Graf said.
Tyler Robinson judge postpones key ruling on whether death penalty can be removed as sanction
Judge Tony Graf delayed his ruling on a potential gag order violation and death penalty removal sanction to Friday, when another hearing will be held at 8:30 a.m. local time.
Tyler Robinson's defense team is trying to get the death penalty taken off the table as an appropriate sanction after prosecutors talked about the case while not in court.
"The only way that this Court can demonstrate that its orders, and the ethical rules that counsel must obey, are not optional when it comes to the State’s attorneys, even in this case, is to impose the sanction undersigned counsel have urged upon this Court: striking the State’s death notice," reads the filing, signed by defense attorneys Kathryn Nester, Richard Novak, Michael Burt and Staci Visser.
Judge hands accused Charlie Kirk assassin Tyler Robinson a major loss with 'hearsay' ruling
Judge Tony Graf ruled against Tyler Robinson's defense team and will allow hearsay evidence during July's preliminary hearing, he ruled Monday.
Graf said that while the hearing is a "critical stage of the criminal process," it's not a trial.
"The court does not understand this principle to mean that constant constitutional protections are categorically inapplicable at a preliminary hearing, rather, because a preliminary hearing serves the limited purposes of determining whether probable cause exists, the scope and operation of a particular constitutional protections must be evaluated in light of that purpose," he said.
Robinson's attorneys were trying to block hearsay evidence which may include prerecorded testimony from Robinson's roomate and former lover Lance Twiggs, the medical examiner's report, federal DNA and ballistics report and more.
Tyler Robinson defense seeks delays, fights cameras in Utah court
Tyler Robinson update: Defense squeezes 'misleading' claim about ballistics death penalty fight
Tyler Robinson's defense lawyers are asking a Utah judge to strike prosecutors' latest filing opposing their request to remove the death penalty as a sanction for alleged violations of a gag order.
Robinson's team argued in a filing Thursday that it would be an appropriate sanction after prosecutors talked about the case outside of court.
"The only way that this Court can demonstrate that its orders, and the ethical rules that counsel must obey, are not optional when it comes to the State’s attorneys, even in this case, is to impose the sanction undersigned counsel have urged upon this Court: striking the State’s death notice," reads the filing, signed by defense attorneys Kathryn Nester, Richard Novak, Michael Burt and Staci Visser.
Prosecutors have countered that they did not violate the gag order or any other court rules when they "set the record straight" after what they call a misleading statement from a defense filing led to viral news coverage suggesting that the ATF could not match the bullet that killed Charlie Kirk to the suspected murder weapon, Robinson's grandfather's rifle.
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