The weeklong for the man accused of killing conservative activist Charlie Kirk enters its second day on Tuesday. Prosecutors aim to show that they have enough evidence against Tyler Robinson to proceed to a trial. After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed, which experts say is likely.
Robinson, 23, is charged with aggravated murder in Kirk’s on the Utah Valley University campus, for which prosecutors are seeking the death penalty. Robinson鈥檚 attorneys have not commented on his guilt or innocence.
Though there were no major revelations on the hearing鈥檚 first day, a former Utah Valley University officer testified that he found an apparent 鈥渟niper pad鈥� on a rooftop near where Kirk was shot.
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The defense frequently objected to the introduction of evidence
Defense attorney Kathryn Nester鈥檚 attempts were mostly overruled Monday by the judge.
When Nester asked Bagley about finding an empty pistol holster on the ground after the crowd fled, he acknowledged he never took custody of the holster and didn鈥檛 know whether it had been fingerprinted.
Utah is an open carry state, meaning people can or conceal them without a permit.
Graf sided with the defense to block the introduction of a compilation of surveillance videos from Utah Valley University because some had been altered to zoom in or had circles drawn around individuals.
Prosecutors said they would try again Tuesday to introduce that video with the alterations removed.
Prosecutors must pass a low bar to advance Robinson to trial
The proceeding , but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk and should stand trial. The standard is lower than for a trial, where prosecutors must prove guilt 鈥渂eyond a reasonable doubt.鈥�
Prosecutors, as a result, should have little trouble advancing their case, said Mark Kouris, a former prosecutor and state judge in Salt Lake City.
鈥淭his standard is extremely low, and the chances of them not getting through it are, quite frankly, almost nothing,鈥� said Kouris, now an adjunct professor at the University of Utah鈥檚 S.J. Quinney College of Law.
Robinson鈥檚 demeanor in the courtroom
The defendant sat quietly between his attorneys throughout the hearing, looking at the prosecution鈥檚 exhibits on a monitor and occasionally taking notes. His wrists were shackled to a chain around his waist.
Kirk and Robinson鈥檚 families were in the courtroom Monday
Monday marked the first time Kirk鈥檚 parents, Kathryn and Robert, and his widow, Erika, were in the courtroom since the case began. Robinson鈥檚 parents also were present, sitting a few rows behind the Kirks.
Prosecutors showed several graphic videos of Kirk鈥檚 shooting, including the moment he was shot and security administering first aid, as they made their case.
Kirk鈥檚 family briefly walked out of the courtroom twice 鈥� when Bagley, the university officer, started testifying about Kirk鈥檚 arrival on campus and again when prosecutors introduced the videos. Each time, they returned.
The court will hear a statement from Robinson鈥檚 roommate
If prosecutors follow the order of an exhibit list they submitted earlier this year, they will present a video from the Washington County sheriff鈥檚 office from Sept. 11 鈥� the day Robinson turned himself in 鈥� and recorded testimony from Robinson鈥檚 roommate.
Prosecutors allege Robinson confessed in a note left for his roommate, who was also his romantic partner, that read: 鈥淚 had the opportunity to take out Charlie Kirk and I鈥檓 going to take it.鈥�
Robinson also reportedly texted his roommate that he targeted Kirk because he 鈥渉ad enough of his hatred,鈥� prosecutors have said.
Prosecutors have also said they plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements and video of Kirk鈥檚 killing. In addition, they are expected to argue the shooting endangered others at Kirk鈥檚 campus event 鈥� an aggravating circumstance that could make the crime punishable by death under Utah law.
What happened during the first day of the hearing?
The court proceedings on Monday produced no major revelations but marked the most significant presentation of evidence to date in the case against Robinson, who is in the of Kirk.
Former Officer Christopher Bagley testified that he witnessed the shooting while the conservative activist was speaking to a campus crowd of thousands on Sept. 10. Soon after, Bagley went to a nearby gravel rooftop, where it appeared someone had been lying prone with a clear sightline to Kirk鈥檚 location, he said.
鈥淚t looks like a sniper pad,鈥� Bagley told the court.
More video is expected during the hearing
Prosecutors seeking to to put the man accused of killing on trial are expected to present more law enforcement video and a recorded statement from the defendant鈥檚 roommate as a weeklong preliminary hearing continues Tuesday.
The court proceedings began Monday and so far have produced no major revelations but marked the most significant presentation of evidence to date in the case against defendant , 23, who is in the of Kirk, an ally of President Donald Trump.
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