Rulings in Charlie Kirk murder case affect public record access

(CN) — The Utah judge in the Charlie Kirk murder case issued two orders Monday affecting the public’s ability to access court records.

Fourth District Judge Tony Graf Jr. decided to redact selected sentences of an Oct. 24 closed hearing about security measures in the case of Tyler Robinson, 22. The redaction will affect a page’s worth of the 83-page transcript, though the omissions are scattered throughout the document.

It’s expected that a clerk will file the redacted document Monday afternoon. However, it will take some two weeks to release a redacted audio recording of the hearing.

“The public has a presumptive right to access court records,” Graf said, adding that the right isn’t absolute.

Graf denied limited party status to about two dozen media outlets that had sought formal notice of court filings in the case to access records or proceedings.

Alongside denying the media’s request, he ordered prosecutors and Robinson’s defense team to notify the media of any motions to classify or reclassify a court record as sealed.

The rulings stem from a Dec. 11 hearing, where Graf also clarified a standing publicity order, holding that the term “witness” includes prosecution and defense team members — such as investigators and consultants — who may testify and therefore cannot publicly discuss the case.

Prosecutors said the term was vague and could apply to thousands of people who witnessed Kirk’s shooting at the Sept. 10 Turning Point USA rally at Utah Valley University.

Robinson was arrested days later and charged with murder in connection with Kirk’s death, and prosecutors are seeking the death penalty.

Robinson, his attorneys and Graf appeared remotely at Monday’s hearing, where the judge spoke for most of the proceedings and Robinson briefly confirmed his presence at the start.

“Yes, your honor,” Robinson said in response.

Robinson’s case has drawn intense public scrutiny after the killing of Turning Point USA cofounder and CEO Kirk sent shockwaves nationwide. Robinson and prosecutors asked Graf earlier this month to seal parts of the Oct. 24 hearing transcript and audio, arguing the move was necessary.

On Monday, Graf said he must weigh the public’s right to know against safety concerns, privacy interests and Robinson’s right to a fair trial, concluding that safety outweighed public interest in this case. However, he declined to approve all requested redactions.

“This case generates extraordinary national and international interest,” Graf said.

The judge then indicated which sentences or portions he would redact. The same redactions will be applied to the audio recording of the October hearing.

Pivoting to the media’s request for limited party status, Graf said a process already exists for media to access court records. Only the prosecution and Robinson are parties to the case.

He noted that the parties must give notice to media about any motion to classify or reclassify a court record as sealed. That order will remain for the duration of the case.

Robinson faces multiple charges in connection with the fatal shooting of Kirk, 31.

Authorities have said Robinson mentioned during a dinner that Kirk would appear at the Utah university and expressed his reasons for disliking the activist, adding that he believed Kirk spread hate.

Robinson is next scheduled to appear in court on Jan. 16.

“And, Mr. Robinson, I will see you there at that time,” Graf said, ending the hearing.