Camilla Jessen
Defense argues video irrelevant in Kirk murder hearing.
Lawyers for Tyler Robinson are asking a Utah judge to prevent graphic video footage of a fatal campus shooting from being played in court.
Robinson, 22, is charged in the September killing of Charlie Kirk during a public speaking event at Utah Valley University.
Kirk, a 31-year-old father of two and founder of Turning Point USA, died from a gunshot wound to the neck, according to court records.
In a memorandum filed Tuesday, Robinson’s attorneys asked the court to bar prosecutors from introducing video of the shooting at a Feb. 3 hearing.
The defense argued the footage is irrelevant to the issue before the court and would violate Robinson’s right to a fair trial.
Conflict claim
The upcoming hearing concerns a defense motion to disqualify the Utah County Attorney’s Office. Robinson’s lawyers allege a conflict of interest because the adult child of a deputy prosecutor was present at the time of the shooting.
Prosecutors have denied any conflict, saying they do not need and do not intend to rely on that individual as a witness.
Several videos of the shooting circulated online shortly after the killing. Court filings did not clarify whether the video prosecutors plan to show has been publicly released.
The defense described it as a color video taken “only a few feet away from Mr. Kirk,” with audio recorded “immediately before, during and after the shooting.”
Legal reactions
Donna Rotunno, a Chicago-based criminal defense attorney and Fox News contributor, said the defense argument has merit.
“The video should not be played if it isn’t needed to prove any material issues in the hearing,” she told Fox News Digital, adding she did not see how it was necessary to decide the disqualification question.
Skye Lazaro, a Salt Lake City criminal defense attorney not involved in the case, also said she would not want the video shown, though she questioned whether the defense would succeed.
“I’m not sure they’re going to be successful there,” she told Fox News Digital.
Publicity concerns
The defense also argued that media coverage has been “highly biased” and said it plans to again seek the removal of cameras from the courtroom. If the video is played, lawyers warned, it would be “subject to immediate publication nationwide and internationally.”
Robinson faces seven charges, including aggravated murder, which carries the possibility of the death penalty. He has not entered a plea.
He is scheduled to return to court Tuesday for the second day of the hearing. Utah County Attorney Jeff Gray is expected to resume testimony, along with a deputy prosecutor, the prosecutor’s adult child and a state investigator.
Sources: Court filings, Fox News Digital
