Erika Kirk, the widow of far-right activist Charlie Kirk, has asked a Utah judge to allow the open courtroom display of every exhibit relating to her husband's killing, citing fears of conspiracy theories. The motion was filed on the third day of a preliminary hearing in Provo, where District Judge Tony Graf will determine if sufficient evidence exists to proceed with a trial for Tyler Robinson, the alleged murderer, in a shooting at Utah Valley University last September.
Motion Seeks Transparency
In a three-page filing, Erika Kirk complained that some evidence items were admitted into court but not made available for viewing. Her lawyer, Jeffrey Neiman, argued this breached a Utah law affording crime victims and their lawful representatives certain rights. The document stated: "Erika Kirk, the widow of Charlie Kirk, and his grieving parents traveled to this courtroom for one reason: to be present at these proceedings and to bear witness to the evidence concerning their husband and son."
The filing noted that at certain points during the hearing, the Kirk family sat in the room while evidence was admitted but not presented for their viewing. "They were present in body, yet denied the very thing their presence was meant to secure: their ability to meaningfully observe the preliminary hearing," the document read. It concluded that their right to be present is hollow if they are denied sight of items shown to the court.
Conspiracy Concerns
"In the absence of transparency, speculation and conspiracy theories related to the tragic assassination of Mr Kirk will continue to proliferate in the public domain," the filing added. The motion did not specify which evidence Kirk believes was withheld. The hearing has so far included video footage allegedly depicting Robinson entering the campus and climbing onto a roof, along with testimony from law enforcement officers and university staff.
Disputes have arisen between prosecutors and Robinson's legal team over circled highlights and other changes on some videos, which defense lawyer Michael Burt said could influence jurors. Another dispute centered on DNA testing and chain of custody of forensic evidence, including a screwdriver found on the campus roof and a Mauser 98 rifle found in nearby woodland, as well as a towel it was wrapped in.
Court Arguments
On Wednesday, Neiman spoke about the Kirk family's request, arguing that a denial could "create doubt and distrust in the judicial system." Defense attorney Richard Novak sought to prevent the publication of an interview with Robinson's roommate and romantic partner, Lance Twiggs, according to the Associated Press. Novak said he feared prosecutors would attempt to portray Twiggs's statements as a confession by Robinson, which would hurt the defendant's right to a fair trial.
Prosecutors said Robinson confessed in a note left for Twiggs that read: "I had the opportunity to take out Charlie Kirk and I'm going to take it." Robinson also allegedly sent a text to Twiggs saying he targeted Kirk because he had "had enough of his hatred." Twiggs spoke to authorities on September 12, two days after Kirk was killed, and again on April 20. He was granted immunity from prosecution in return for making the statements.
Ongoing Hearing
Judge Graf has not yet ruled on the admissibility of the Twiggs recording. The hearing continued on Thursday morning.
