Judge allows prosecution to pursue death penalty in Charlie Kirk murder case
In Utah, Judge Tony Graf ruled prosecutors can seek the death penalty for Tyler Robinson, accused in the Charlie Kirk assassination case.
Days before prosecutors are expected to publicly lay out their evidence in the assassination of Charlie Kirk, the defense lost another courtroom fight Thursday, failing to block cameras from next week's closely watched preliminary hearing.
In a brief order, the Utah Supreme Court declined to hear accused assassin Tyler Robinson's appeal of Fourth District Judge Tony Graf Jr.'s decision allowing cameras inside the courtroom.
The justices also deemed Robinson's request to delay the proceedings moot, clearing the way for next week's preliminary hearing to move forward as scheduled.
"The petition for permission to appeal from an interlocutory order is denied. The motion to stay is deemed moot," the order states.
CHARLIE KIRK'S PARENTS, WIDOW TO ATTEND TYLER ROBINSON'S PRELIMINARY HEARING NEXT WEEK
Tyler Robinson, accused in the murder of Charlie Kirk, appears during a hearing in Fourth District Court in Provo, Utah, Dec., 11, 2025. (Rick Egan/The Salt Lake Tribune via Pool)
The ruling marks another setback for Robinson's defense team, which has aggressively challenged several of Graf's pretrial rulings in the months leading up to the hearing.
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Robinson, 23, is accused of assassinating Turning Point USA founder Charlie Kirk during a public speaking event at Utah Valley University Sept. 10, 2025.
CHARLIE KIRK JUDGE DENIES TYLER ROBINSON'S ATTEMPT TO HAVE POTENTIAL DEATH PENALTY REMOVED
A crowd flees at the campus of Utah Valley University after a gunman opened fire and killed conservative speaker Charlie Kirk. (Tess Crowley/The Deseret News via AP)
Prosecutors allege Robinson fatally shot Kirk before fleeing. He was charged with aggravated murder, and prosecutors are seeking the death penalty. Robinson has not entered a plea.
The latest ruling comes less than a week after Judge Graf denied Robinson's request to strike the death penalty as a possible punishment.
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Although Graf found a Utah County prosecutor in civil contempt over comments he made to the media, the judge ruled removing the death penalty would be "grossly disproportionate" and instead expanded jury selection safeguards to protect Robinson's right to a fair trial.
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Next week's preliminary hearing will be the public's first detailed look at the evidence prosecutors say ties Robinson to Kirk's assassination.
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Tyler Robinson, accused in the murder of Charlie Kirk, appears during a hearing in Fourth District Court in Provo, Utah, Dec., 11, 2025. (Rick Egan/The Salt Lake Tribune via Pool)
Prosecutors must establish probable cause that Robinson committed the crimes charged before the case can move to trial.
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The Utah Supreme Court has not yet ruled on two additional defense petitions challenging Graf's pretrial orders.
One seeks to block prosecutors from relying on certain hearsay evidence during the preliminary hearing, while the other challenges Graf's decision not to require key witness Lance Twiggs to testify in person. Those appeals remain pending.
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Fox News Digital's Lee Ross and Michael Ruiz contributed to this report.
