By MATTHEW BROWN Associated Press
SALT LAKE CITY (AP) — A Utah judge on Monday ordered the release of a transcript from a closed-door hearing in October over whether the man charged with killing Charlie Kirk must be shackled during court proceedings.
State District Judge Tony Graf said public transparency was “foundational” to the judicial system before ordering the release of details from the Oct. 24 closed hearing. Attorneys for media outlets including The Associated Press had argued for access because they said it was also the first time defense attorneys suggested a ban on cameras in the courtroom.
Prosecutors have charged Tyler Robinson with aggravated murder in the Sept. 10 shooting of the conservative activist on the Utah Valley University campus in Orem. They plan to seek the death penalty. Robinson has not yet entered a plea.
In a 97-page transcript released later Monday, attorneys for Robinson argued that widespread videos and photos of him shackled and in jail clothing could create bias against him among potential jurors. Defense attorney Richard Novak said prohibiting cameras would be “very easy” for the court to enforce and could help curb visual prejudice.
“We’re not litigating this case in the press,” Novak said during the Oct. 24 hearing.
The transcript contained limited redactions to remove discussions of security protocols in the closely watched case. Graf also ordered the release of an audio recording of the hearing, again with redactions.
Robinson was not present in court Monday and appeared via audio feed from the Utah County Jail.
Graf has not ruled on the defense’s suggestion to ban cameras, but he has implemented other limitations.
Days after the closed-door hearing, Graf ruled that Robinson could wear civilian clothes in pretrial hearings but must also wear restraints to ensure the safety of court staff and Robinson himself. Utah court rules require defendants who are in custody to be restrained or supervised at all times unless otherwise ordered.
Graf also prohibited media outlets from publishing photos, videos and live broadcasts that show Robinson’s restraints to help protect his presumption of innocence before a trial.
The judge briefly stopped a media livestream of a hearing earlier this month and ordered the camera be moved after Robinson’s attorneys said the stream showed the defendant’s shackles. Graf said he would terminate future broadcasts if there were further violations.
Lawyers for the media wrote in recent filings that an open court “safeguards the integrity of the fact-finding process” while fostering public confidence in judicial proceedings. Criminal cases in the U.S. have long been open to the public, which the attorneys argued is proof that trials can be conducted fairly without restricting reporters.
In a separate ruling Monday, Graf denied a request from attorneys for the media who sought to intervene in the case. The judge said members of the press do not need to be formal parties in the proceedings to access court records.
Still, Graf said the involved publications must be notified of future requests to close hearings or restrict access to court filings.
Prosecutors are expected to lay out their case against Robinson at a preliminary hearing scheduled to begin May 18.
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Brown reported from Billings, Montana.