Graphic videos of the killing of conservative activist Charlie Kirk while speaking to a crowd on a Utah college campus quickly went viral, garnering millions of views.
Tyler Robinson, center left, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo, Utah. (AP)Screenshots of such videos were offered Tuesday as evidence in the murder case against Tyler Robinson, the man accused of killing Kirk. But the full videos were not shown in court, as defense attorneys objected out of concern that the footage would undermine Robinson’s right to a fair trial.
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Legal experts say the defense team’s concerns are real: Media coverage in high-profile cases like Robinson’s can have a direct “biasing effect” on potential jurors, said Cornell Law School professor Valerie Hance.
“There was video, and pictures and analysis about the murder (and) the whole story of how this particular defendant came to turn himself out,” said Hans, a leading expert on the jury system. “When jurors come to trial with this kind of background information from the media, it shapes how they view the evidence presented in court.”
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Defense attorneys also want TVs and still cameras removed from courtrooms, arguing that “highly biased” news outlets risk tarnishing the case.
Prosecutors, attorneys for the news organization and Kirk’s widow asked state District Judge Tony Graf to keep the proceedings open.
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“In the absence of transparency, speculation, misinformation, and conspiracy theories can proliferate, eroding public confidence in the judicial process,” Erica Kirk’s attorney wrote in a court filing.
Prosecutors want to seek the death penalty for Robinson, 22, who is charged with aggravated manslaughter in the Sept. 10 shooting of Kirk on the Utah Valley University campus in Orem. He has not applied yet.
An estimated 3,000 people attended the outdoor rally for Kirk, co-founder of Turning Point USA, which helped young people vote for President Donald Trump.
To secure the death penalty in Utah, prosecutors must demonstrate aggravating circumstances, such as that the crime was particularly heinous or brutal. That’s where graphic videos can be played.
People watching these videos might think, “‘Yeah, that was particularly heinous, brutal or cruel,'” Hance said.
Utah County Attorney Jeffrey Gray testified Tuesday that he had considered the death penalty before his arrest. He couldn’t remember exactly when he told the governor and federal officials about his plan. Asked why he announced his intention to seek the death penalty so soon, Gray said the case was already attracting widespread public attention.
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“Any more delay, then it just creates all this unnecessary public speculation,” he said, adding that he didn’t want Erica Kirk to sit with uncertainty.
Defense attorneys are seeking to disqualify local prosecutors because the grown daughter of Chad Grunander, a deputy county attorney who helped prosecute the case, attended the rally where Kirk was shot. The defense alleges that the relationship represents a conflict of interest.
Grunander’s daughter testified Tuesday that she did not video the shooting or the aftermath. He said he was looking out into the crowd when he heard a loud pop and a man sitting nearby yelled, “He’s been shot.” He never got a look back at Kirk and didn’t know he was the one shot until he ran to safety, he said.
Judge Graf said he would issue his ruling on whether to disqualify the prosecutors on February 24.
Utah State Bureau of Investigation Agent David Hull testified Tuesday that DNA from a firearm found in a wooded area just off campus matched Robinson’s. Robinson also texted her romantic partner that she targeted Kirk because she “had enough of him.”
As the case progressed, Robinson’s attorneys raised claims of bias, even accusing news outlets of using lip readers to guess what the defendant was whispering to his attorneys during the hearing.
“Instead of being a beacon for truth and openness, the news media has simply become a financial investor in this case,” defense attorneys told the court of their media bias. He wrote in a request to seal some of his allegations
Further complicating efforts to ensure a fair trial is the rhetoric surrounding Kirk’s death due to his political prominence. Even before Robinson was charged, people jumped to conclusions about who the gunman might be and what kind of politics he supported.
“People are projecting a lot of their own ideas of what they think is going on, and that really creates concern about whether they’re going to be open to hearing the actual evidence that’s being presented,” said Tenneil Brown, a law professor at the University of Utah.
