(The Center Square) – The defense won’t waive its right to a preliminary hearing but needs more time before a date is set, the court-appointed attorney for Tyler James Robinson, the 22-year-old man charged with the murder of conservative leader Charlie Kirk, said Monday during a Utah County court waiver hearing.
Kathryn Nester, Robinson’s lawyer, told Judge Tony Graf in the Provo courtroom that she needs at least another month to weigh through a massive amount of documents before further discussion about a preliminary hearing.
Graf set another waiver hearing for 10 a.m. Mountain Standard Time Oct. 30, and the prosecution and defense had no objections to the date and time. Nester said Robinson will be at that hearing in person.
Robinson was not in the courtroom Monday but participated virtually from Utah County Jail, where he remains incarcerated without bail. He didn’t speak.
Nester said she is waiting later for her motion on a detention hearing and may wait until the preliminary hearing to make it.
Nester talked in court about what she called “the voluminous nature of discovery” coming from the prosecution. Discovery is the process in which prosecution and defense exchange information and evidence before a trial to avoid surprises.
“We need to reset for another conference, another waiver hearing down the road, so we have a better idea of seeing discovery as it rolls out,” Nester told Graf. “My understanding is there are massive amounts of digital [materials] that are coming. Until we can get our heads around that, it is going to be difficult for us to know when we will be ready to do the prelim.”
Attorneys representing Utah County and Robinson agreed there’s a potential for a large number of witnesses in the case because Kirk was shot and killed before a crowd of up to 3,000 people at Utah Valley University.
Graf reminded the prosecution and defense that the rights of both the victim and the accused will be respected by the court.
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 had a home in Scottsdale, Ariz., and his organization, Turning Point USA, is headquartered in Phoenix.
