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A judge ruled that the transcript and audio recording of a closed-door hearing involving the accused assassin of Charlie Kirk can be released in redacted forms during a hearing on how much access the public should have as his capital case proceeds in Provo, Utah.
Fourth District Judge Tony Graf Jr. said the redactions amounted to 246 words in the 80-page transcript. The transcript was released on Monday afternoon, but Graf said it would take about two weeks to redact and release the audio recording.
The newly unsealed transcript shows that the Oct. 24 hearing opened with Tyler Robinson’s defense attorneys asking the court to allow him to keep one hand unshackled so he could take notes and write during the proceedings.
Graf allowed the hearing to move forward after consulting with court security. Portions of that exchange remain redacted, including a statement by a bailiff that is entirely blacked out, leaving unclear what specific security concerns were discussed behind closed doors.
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The transcript also reflects that Robinson spoke only briefly in response to a question from the judge at the beginning of the hearing and otherwise remained silent as attorneys discussed courtroom security, media access and upcoming motions. Graf told the parties he intended to proceed cautiously, saying he preferred to take additional time rather than “be rash and miss the mark.”
During arguments over whether Robinson should appear shackled in court, Graf emphasized that security decisions ultimately rest with the court, not jail officials.
“This is not a jail. This is your honor’s courtroom,” Graf said, adding that “what security measures are necessary to ensure everybody’s safety, including Mr. Robinson’s, are your honor’s decisions, not the sheriff’s decisions.”
Graf also pushed back on arguments tying heightened security to the intense public attention surrounding the case. Referencing claims about unstable individuals and online conspiracy theories, he dismissed much of that concern as external noise.
“We’re all aware of that… I’ve received some wacky phone calls and e-mails, people telling me what they think happened here. It’s noise,” Graf said, stressing that those factors should not dictate how the case is handled inside the courtroom.
At another point, Graf underscored the broader stakes of the proceedings, acknowledging that Robinson’s prosecution stands apart from routine cases. “This case is unique. Whether we like it or not, this case is unique,” he said.
Robinson, 22, is accused of firing a single shot from a rooftop overlooking a Turning Point USA event at Utah Valley University on Sept. 10, striking the 31-year-old conservative speaker in the neck as he fielded questions from people in the audience in a courtyard at the heart of campus.
Robinson was not seen in court on Monday and spoke only in response to a question from the judge at the start of the hearing.
Graf addressed two issues — whether transcripts from the sealed hearing earlier this year should be made public and the extent of access the media and public should have to the case going forward.
A group of local and national media outlets, including Fox News, have filed a motion for limited intervention. Lawyers for the group asked Graf for formal recognition from the court, advance notice of attempts to seal future hearings or otherwise limit access to the courtroom, including by banning cameras, and to give the media time to oppose such restrictions.
Read the Oct. 24 transcript here:
He denied the motion, however, cited a prior order telling lawyers for both sides they must notify the media before attempting to have future hearings behind closed doors. The parties are not required to notify the media before potential future attempts to limit cameras or other electronic coverage of the courtroom.
Robinson has made only one in-person court appearance since the September slaying, and some of the case has unfolded behind closed doors, prompting the media group to demand greater transparency and the chance to oppose future secretive proceedings.
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Robinson’s defense had asked Graf to kick cameras out of the courtroom, but the judge ruled that an outright ban on cameras would be a “disproportionate” response to the defendant’s concerns and issued limitations on what can and can’t be shown.
Earlier this month, he promised to “be narrow” when weighing what parts of the sealed hearing should remain that way.
“[I would] rather do it right and take more time than to be rash and miss the mark,” he said.
Kirk, who founded Turning Point USA to bring conservative voices to college campuses, died from a catastrophic gunshot wound as Robinson allegedly fled into a nearby neighborhood, ditching the suspected murder weapon, a Mauser .30-06 rifle, along the way.
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The victim was a married father of two.
The suspected killer returned home to southern Utah, about a four-hour drive, and allegedly confessed to his roommate and romantic partner, Lance Twiggs, and to his parents before turning himself in to Washington County deputies.
Twiggs is cooperating with investigators and has not been charged with a crime. Authorities also credited the parents with helping convince Robinson to surrender.
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The accused assassin is due back in court on Jan. 16 in person for a longer hearing. Among the issues to be heard then is a motion from the defense demanding that one of the prosecutors who had a relative present when Kirk was killed to be recused from the case.
Robinson faces seven charges, including aggravated murder, which carries the potential death penalty, felony discharge of a firearm, obstruction and witness tampering.
He has not yet entered a plea.
Fox News’ Melissa Chrise and Sarah Rumpf-Whitten contributed to this report.
