PROVO, Utah (AP) — A key hearing kicks off Monday in Charlie Kirk’s murder case in Utah, where prosecutors aim to convince a judge they have enough evidence to try his accused killer and seek the death penalty.
The five-day preliminary hearing will mark the most significant presentation of evidence in the case so far — and the first time that Kirk’s parents and widow will be in the courtroom with defendant Tyler Robinson.
Robinson, 23, is charged with aggravated murder in the Sept. 10 assassination of Kirk, a conservative activist and ally of President Donald Trump, at Utah Valley University. Robinson turned himself in a day after the shooting.
Prosecutors allege he confessed in a note left for his roommate, who was also his romantic partner, that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it.”
Robinson has not yet entered a plea, and his attorneys have not commented on his guilt or innocence. They have, however, sought to get the death penalty taken off the table, so far unsuccessfully.
The proceeding will resemble a minitrial, but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk. The standard is lower than for a trial, where prosecutors have to prove guilt “beyond a reasonable doubt.”
Once it’s finished, state District Judge Tony Graf must determine if there is enough evidence for the case to proceed to a trial.
Prosecutors have said they plan to present DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy findings, witness statements and video of Kirk’s killing. They are also expected to argue the shooting endangered others at Kirk’s campus event — an aggravating circumstance that could make the crime punishable by death under Utah law.
Prosecutors this week can use secondhand information, or hearsay, to help present their case.
Robinson’s roommate is not expected to testify in person during the hearing. Still, the roommate’s recorded testimony could be a focal point for prosecutors.
In addition to the alleged confession note, Robinson reportedly texted his roommate that he targeted Kirk because he “had enough of his hatred,” prosecutors have said.
Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help Trump win a second term.
The Republican president has said he hopes Robinson receives the death penalty.
Kirk’s widow, Erika Kirk, said during his memorial service that she forgives Robinson. She is expected in court throughout the week with her husband’s parents, Robert and Kathryn Kirk, according to a person familiar with the situation who spoke on condition of anonymity because they were not authorized to speak publicly.
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Brown reported from Billings, Montana.
Hannah Schoenbaum And Matthew Brown, The Associated Press
