PROVO, Utah — According to a prominent defense attorney in Utah, one major weakness in the prosecution’s case against Tyler Robinson, who is accused of being responsible for Charlie Kirk’s death, may lie in the timeline presented.
Kirk, a 31-year-old father of two, was fatally shot around 12:20 p.m. on September 10th after speaking at a Turning Point USA event at Utah Valley University. As the founder of a conservative student organization, Kirk had garnered national attention and was seen as a revitalizing figure for youth support within the Republican Party.
“As the case unfolds, there’s really a lot we don’t know yet,” said Sky Lazarus, an attorney from Ray Kinney & Nebekah in Salt Lake City.
Details regarding the defense remain sparse since the discovery phase just began on Monday, marking a five-day window for prosecutors to present their initial disclosures. Meanwhile, Robinson’s legal team is pushing back a hearing related to exemptions by a month.
Some evidence has been made public through news briefings and comments from law enforcement. This includes text messages that, although featuring critical dialogue between Robinson and his roommate, Lance Twiggs, lack specific timestamps.
Robinson, aged 22, was apprehended in his hometown of southern Utah approximately 33 hours post-murder. Prior to his arrest, he reportedly returned to the scene where police later found suspected murder weapons. However, authorities haven’t clarified the timeline of police encounters with Robinson.
“If their timeline doesn’t align in a logical way, that could definitely work against them,” Lazarus noted.
Sources indicate that Robinson sought items left behind near the parking lot where the rifle was found. This was initially deemed unremarkable as many individuals were dropping belongings while fleeing in panic after Kirk’s shooting occurred in front of a crowd of around 3,000. Nonetheless, officers regularly checked Robinson’s license plates, tying him to the investigation after he became a suspect.
“If the officer’s body cam was off, that could be a significant opening for Robinson’s defense to challenge the investigation,” Lazarus remarked.
Additional details surrounding the text messages could similarly complicate Robinson’s case. “Often, when you subpoena cell phone records, you can determine where a message was sent from,” she explained.
If evidence shows that a message was sent from Robinson’s phone in Orem and received by Twiggs’ phone in St. George, it may bolster the prosecution’s claims.
Lazarus added that the defense may want to thoroughly review these records, possibly enlisting forensic experts to analyze the timeline carefully.
Authorities have indicated that Twiggs is cooperating with the investigation, although the defense is anticipated to question the reliability of the state’s assertions.
“It might become clear that the evidence isn’t as damaging as it appears,” Lazarus said. “When the government claims something in an affidavit, that’s their strongest point at the moment.”
The gap in public information has sparked some online speculation, which, according to Lazarus, may not be helpful to the defense. “There are conspiracy theories floating around… someone else could have sent a text or something was planted,” she commented. “But as a defense attorney, unless you can substantiate those claims, it risks your credibility.”
The charging documents do not necessarily prevent the defense from attempting to utilize certain arguments later. They intend to seek those items at a preliminary hearing or through witness testimonies, although the specifics could still pose challenges.
Robinson has not yet submitted a plea. During a waiver hearing on Monday, the court approved two out-of-state attorneys, Michael Burt and Richard Novak from California, to assist Utah public defender Kathy Nester.
In Utah County, where a majority of residents are affiliated with The Church of Jesus Christ of Latter-day Saints and have experience traveling extensively for mission work, Nester expressed confidence that their Golden State ties wouldn’t pose an issue.
“If you were trying this case in eastern Montana, having a lawyer from a big city might be a drawback because of local perspectives,” she remarked. “But I don’t think it’ll be a significant problem here.” Their experience in defending capital cases may also assist in navigating this situation, she indicated.
The Justice Department has yet to issue any federal charges against Robinson, although it’s still a possibility.
Nester focused her efforts on whether Robinson would opt for a preliminary hearing, which would require the prosecution to establish probable cause before the case could proceed.
While it’s unlikely that the defense could entirely dismiss the case during this hearing, it could offer them a way to establish a stronger footing prior to trial, including the chance to question witnesses under intense scrutiny.
“It’s a potential opportunity, reflecting the most favorable aspect for the defense,” Lazarus commented.
In Utah, Lazarus noted that preliminary hearings could be postponed for several months if serious felonies are involved, and Robinson is facing aggravated murder charges, which could carry the death penalty.
His next court date is set for October 30th in Provo, though Lazarus anticipates that the defense will request additional time.
