Tyler Robinson's in-person hearing delayed to January

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(The Center Square) – The Utah County in-person hearing scheduled Thursday for Tyler James Robinson, 22 - charged with aggravated murder in the death of conservative leader Charlie Kirk - has been postponed to January.

Prosecution and defense agreed to the delay, Utah Fourth Judicial Court Judge Tony Graf Jr. said during a virtual hearing this week.

In addition to delaying the in-person hearing, Graf granted a defense motion allowing Robinson to appear in civilian clothing at pretrial hearings. Graf agreed with Robinson's lawyers that the jail attire could prejudice potential jurors.

“Mr. Robinson shall be dressed as one presumed innocent,” Graf said. 

He ordered Robinson's lawyers to provide civilian clothing to their client 72 hours before a hearing.

Defense and prosecution previously agreed Robinson could wear civilian clothing at his trial.

Robinson participated in Monday's virtual hearing from the Utah County Jail, where he remains incarcerated without bail. Robinson was not seen on camera and was heard only once, when he told Graf, in response to the judge’s question, that he could hear the video conference. 

Appearing at his bench in his courtroom, Graf said in-person hearings with Robinson present will take place Jan. 16 and 30. Both hearings will start at 1 p.m. Mountain Standard Time at the Utah County Courthouse in Provo, Utah.

Robinson is charged with seven counts, six of which are felonies. They include aggravated murder and multiple counts of witness tampering and obstruction of justice. Utah County Attorney Jeff Gray filed a notice with the court that he intends to seek the death penalty if Robinson is convicted of murder. 

Kirk was shot and killed before a crowd of up to 3,000 people at Utah Valley University. The conservative leader had a home in Scottsdale, Ariz., and his organization, Turning Point USA, is headquartered in Phoenix.

Thursday’s hearing was delayed because more time is needed for attorneys to complete discovery, Graf said. That’s the process in which defense and prosecution exchange information so neither side is surprised by the other during a trial.

Attorneys also need time to file motions addressing whether non-evidentiary hearings should be conducted virtually, which the prosecution is seeking, the judge said.

He added more time is needed for filing motions on whether cameras should be banned in the courtroom. 

Graf on Monday put some limits on photography and videography. 

The judge ruled the media could not film or photograph Robinson entering or leaving the courtroom. He also ruled there could be no photos or videos taken of Robinson’s restraints. 

Graf ruled against Robinson’s defense’s motion that he be allowed to appear in the courtroom without restraints, but ordered that the restraints can’t interfere with Robinson’s ability to take notes or communicate with his lawyers.

Other than to identify themselves, prosecution and defense, who participated in the hearing from their offices, didn’t speak at the hearing. Because the matters involved security protocols, Graf held closed hearings on the issues Oct. 24 and 25.

Robinson was represented at Monday’s hearing by his lawyers Kathryn “Kathy” Nester, Richard Novak and Staci Visser. The hearing also involved two prosecutors from the Utah County Attorney’s Office: Christopher Ballard and Chad Grunander. Ballard and Grunander are part of a team consisting of six prosecutors, including the office's top attorney, Davis.