The Latest: Defense, prosecution argue at Kirk assassination hearing over evidence to be admitted

The weeklong preliminary hearing for the man charged with killing conservative activist Charlie Kirk ended for the day Wednesday following arguments by prosecutors and defense attorneys over what videotaped interviews, texts and other messages should or should not be admitted in court.

Defense attorneys have also used portions of the weeklong hearing to question the reliability of DNA testing that prosecutors say links the defendant to the suspected murder weapon.

Prosecutors are seeking to convince state District Judge Tony Graf that they have enough evidence to bring Tyler Robinson to trial on an aggravated murder charge. After the weeklong hearing concludes, Graf must determine if the case should proceed, which experts say is likely.

Robinson, 23, is charged with aggravated murder in Kirk’s Sept. 10 assassination on the Utah Valley University campus, for which prosecutors are seeking the death penalty.

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.

Here's the latest:

Kirk family lawyer says video interview, other evidence should be public

A lawyer for Charlie Kirk’s family says they want video footage and other evidence to be made public in the criminal case against the man charged with aggravated murder in Kirk’s shooting death.

Kirk family lawyer Jeffrey Neiman spoke Wednesday during a preliminary hearing for defendant Tyler Robinson. Neiman said that “to not be open and let the world see what happened will create doubt and distrust in the judicial system.”

A defense lawyer sought to prevent the publication in open court of an interview with defendant Tyler Robinson’s roommate and romantic partner, Lance Twiggs. Robinson’s lawyer said prosecutors would attempt to portray Twiggs' statements as a confession by Robinson, hurting the defendant’s right to a fair trial.

This week’s hearing will determine if the case will proceed to trial.

Hearing ended for the day, set to resume Thursday

State District Judge Tony Graf ended the preliminary hearing Wednesday slightly ahead of the usual time of 5 p.m. It resumes Thursday morning.

Attorneys argue over whether Robinson’s texts should be shown in court

Defense attorney Richard Novak says allowing the video of Lance Twiggs’ interview to be shown publicly will violate Robinson’s right to a fair trial, in part because prosecutors will characterize the video as a “confession,” based on what Twiggs claims Robinson told him.

The same is true of text messages, discord chats or other communications that the prosecutors say Robinson made, Novak says.

The defense team does not characterize those as confessions, but as communications by an individual, according to Novak.

The judge has not yet said whether the video of Robinson’s roommate or other pieces of evidence will be published — or shown — in court.

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