Charlie Kirk murder defendant pushes for camera ban in court, says live broadcast violates his right to fair trial

Taylor Robinson Due to appear in court on Friday, his lawyers claim biased reporting is tainting potential jurors in his aggravated murder trial.

Among the many examples cited was a New York Post report that Robinson admitted to Kirk’s killing during a court interview on December 11, Robinson’s first court appearance since being charged. The conversation with his attorney was inaudible, but the report cited “lip-reading analysis” to support its claim, with Robinson saying: “I think about the shooting every day.”

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“The primary purpose of the live coverage was not educational coverage of the court proceedings but advertising profits, sensationalism, political agenda, and, most prominently, defamation of Mr. Robinson,” his attorneys wrote in their request to ban the cameras.

Prosecutors plan to seek the death penalty against Robinson if convicted of the Sept. 10 shooting of a conservative activist. Robinson was speaking to a crowd of thousands on the Utah Valley University campus in Orem.

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Robinson, who turned 23 on Thursday, has not yet entered a plea.

The media sensation surrounding the case cuts both ways. A headline in Britain’s Daily Mail on March 30 stated that the bullet that killed Kirk “did not match” the rifle Robinson allegedly used. The story was based on an inconclusive preliminary finding by ballistics experts and fueled speculation about Robinson’s possible innocence. The FBI is conducting additional testing, according to court documents.

Media organizations, prosecutors and Kirk’s widow, Erica Kirk, want the courts to allow cameras. They believe the best way to prevent the misinformation and conspiracy theories that Robinson’s defense team fears is to make the process transparent.

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But the live media broadcast has tested the patience of Judge Tony Graf.

During the December hearing, Graf briefly stopped the live broadcast and ordered the cameras to be relocated because the video showed the defendant wearing shackles, a violation of court etiquette orders.

The January hearing was later interrupted after Robinson’s lawyers said live coverage of Robinson’s close-up on local television could again lead to claims based on lip-reading. This also violates Graf’s ceremonial command. The judge ordered the cameraman not to film Robinson for the remainder of the hearing.

Mike Judd, an attorney for a coalition of media organizations including The Associated Press that has fought to retain access, said Graf has so far focused on whether his rules were followed inside the courtroom rather than what the media said outside the courtroom.

“Courts can do all of these things to try to control what gets into the media ecosystem,” Judd said. “You can reduce the likelihood that someone will publish something that you think might be biased later.”

State policies regarding cameras and live streaming vary, and many states, including Utah, give judges discretion over whether to allow cameras. Cameras are generally prohibited in federal courts.

“Supreme Court precedent suggests that courts generally need to be open to the public, but that is not an absolute right,” said Tenell Brown, a law professor at the University of Utah. “Even if they allow public access, that doesn’t amount to a right to broadcast or record.”

Robinson’s attorneys are seeking to postpone a preliminary hearing in May, when prosecutors must prove they have enough evidence to proceed to trial.

Prosecutors said DNA consistent with Robinson was found on the rifle’s trigger, a fired shell casing, two unfired bullets and a towel used to wrap the rifle. Defense attorneys pointed to forensic reports indicating that multiple people’s DNA was found on some items, which they said requires more sophisticated analysis.

Robinson reportedly texted his romantic partner that he was targeting Kirk because he “had enough of the hate,” prosecutors said.