A former prosecutor says Tyler Robinson is facing a death penalty challenge
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A former assistant U.S. attorney says Tyler Robinson’s legal team isn’t just fighting to win Friday’s rulings, they’re laying the groundwork for an appeal of the death penalty, regardless of how the judge decides two consecutive cases in the case of alleged murderer Charlie Kirk.
Judge Tony Graf is expected to rule on Friday at 3 pm local time on two defense motions, one seeking to postpone Robinson’s trial, currently scheduled for May 18, and the other to completely ban cameras from the courtroom.
Former assistant U.S. attorney and defense attorney Neama Rahmani told Fox News Digital that she thinks the motions are part of a long game by the defense team, aimed at creating issues that could be raised during an appeal.
“The defense attorneys probably think that if they raise these motions, whether it’s to remove the cameras from the courtroom or to withdraw the Utah State Attorney’s Office, they create potential problems on appeal, even if Judge Graf denies those motions,” Rahmani said. “So if Tyler Robinson is sentenced to death, he may have more arguments for state and federal appeals judges to consider whether he should be on death row.“
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Tyler Robinson and defense attorney Kathryn Nester sit in the 4th District Court in Provo, Utah, April 17, 2026, during a hearing involving the shooting of Charlie Kirk. (Trent Nelson/The Salt Lake Tribune)
He said there was a good chance that Graf would decide to delay the hearing, but warned that it might not be pushed back by six months, as Robinson’s lawyers requested.
“I think there is a good chance that the judge will grant the defendant’s request for a continuance of the trial. And that’s why, if they’ve received hundreds of thousands of documents recently and they need time to look at them, it’s the defendant’s right to a speedy trial. And the defendant has the right to waive that right,” he said. “Now, six months may be excessive. Perhaps the judge continues it until a later date, weeks or months out. But in the end, if the judge refuses to allow it to proceed, that creates another problem in the appeal. “
Charlie Kirk speaks at Utah Valley University on September 10, 2025 in Orem, Utah, shortly before his assassination. (Trent Nelson/The Salt Lake Tribune/Getty Images)
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Robinson’s defense team in January filed a motion to exclude “television cameras and microphones, videographers, radio microphones and similar electronic or broadcast sources” out of court. His defense team argued that the “inflammatory” media coverage threatened Robinson’s due process rights and ability to seat a jury.
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Tyler Robinson appears in 4th District Court in Provo on April 17, 2026, during a trial involving the shooting of Charlie Kirk. (Trent Nelson/The Salt Lake Tribune)
During the trial in April, psychologist Bryan Edelman, who was a witness called by the defense, said that the stories of the murders of Kirk and Robinson’s alleged involvement contained “intense” content.
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Cole Christiansen, an investigator for the Utah State Attorney’s Office, argues that the media coverage “went both ways” and was not biased.
“I think your tone went both ways. I think one of your tones was not good for the prosecution and one was not good for the defendant. Some of it was not good for Erika Kirk, and some of it was not good for Charlie Kirk,” he said.
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“We strongly support an open trial in this case, so the public will have confidence in the system,” Utah County Deputy Attorney Chad Grunander said during the April hearing. “There are conspiracy theories. There are questions being asked, and the best antidote to lying is the exact truth. The real case. That’s why we’re allowing this courtroom to be open and we’re allowing cameras into the courtroom.”
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Tyler Robinson appeared during a hearing in 4th District Court in Provo on Tuesday, Feb. 3, 2026, related to the shooting of Charlie Kirk. (Trent Nelson/The Salt Lake Tribune via Pool)
In late March, Robinson’s attorneys asked Graf to delay the trial for at least six months, saying they could not review the “vast” files prosecutors obtained for discovery, which had not yet been completed.
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Robinson’s attorneys said in a filing earlier that defense attorneys received more than 600,000 files from prosecutors during a March 12 meeting, which they said would take time to review. His defense team asked for a delay of at least six months for the trial, which is currently scheduled to begin on May 18.
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Charlie Kirk spoke at Utah Valley University in Orem, Utah, on September 10, 2025, during his “American Comeback Tour.” (Trent Nelson/The Salt Lake Tribune/Getty Images)
“The discovery in this case is incomplete, extensive, and its analysis is complex,” the defense team wrote.
One of the accused’s experts, a forensic biologist, said he would need six months to review the evidence.
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Robinson faces multiple charges after allegedly killing Kirk, who founded TPUSA, on September 10, 2025, including aggravated murder. His crimes are eligible for the death penalty.
Fox News Digital has reached out to Robinson’s attorney.
Fox News Digital’s Stepheny Price contributed to this report.
