Tyler Robinson, the man accused of the murder of conservative activist Charlie Kirk, is seeking to ban cameras from his courtroom proceedings, arguing that live broadcasts are jeopardising his right to a fair trial.
His legal team is set to appear in court on Friday to argue that biased media coverage is prejudicing potential jurors in his aggravated murder case. They have highlighted a New York Post story as a key example, which they claim falsely suggested Mr Robinson confessed to Kirk’s killing during a court conversation on 11 December. Despite the conversation with his attorneys being inaudible, the story cited a "lip reading analysis" to support its assertion that Mr Robinson said, "I think about the shooting daily."
"The predominant purpose being served by the live stream coverage has not been the educational reporting of the court proceedings, but rather advertising profit, sensationalism, political agendas, and, most prominently, the vilification of Mr. Robinson," his attorneys stated in their request to prohibit cameras.
Prosecutors are pursuing the death penalty for Mr Robinson, who turned 23 on Thursday, if he is convicted of the 10 September shooting of Mr Kirk. The activist was addressing a crowd of thousands on the Utah Valley University campus in Orem at the time. Mr Robinson has not yet entered a plea.
Media organisations, prosecutors, and Kirk’s widow, Erika Kirk, are advocating for cameras to remain in the courtroom. They contend that transparency is the most effective way to counter the misinformation and conspiracy theories that concern Mr Robinson’s defence team.
However, the livestreaming has already tested the patience of Judge Tony Graf. During a December hearing, Judge Graf briefly halted the broadcast and ordered a camera repositioned after it showed the defendant’s shackles, violating a courtroom decorum order. A January hearing was also interrupted when Mr Robinson’s attorneys raised concerns that close-up shots, livestreamed by a local television station, could again lead to lip-reading claims. This was also deemed a breach of Judge Graf’s decorum order, leading him to instruct the camera operator not to film Mr Robinson for the rest of that hearing.
Mike Judd, a lawyer for a coalition of media organizations including The Associated Press that have been fighting to preserve access, said Graf so far has focused on whether his rules inside the courtroom are being followed, not what the media is saying outside of court.
"The court can do all of that in order to try to control what gets fed into that media ecosystem," Judd said. "You reduce the likelihood of somebody publishing things that you think may be of potentially biasing concern later on."
Policies on cameras and livestreaming vary among states, and many including Utah give judges discretion over whether to allow cameras. Cameras are generally prohibited in federal courts.
"There's Supreme Court precedent that says courts generally need to be open to the public, but that's not an absolute right," said University of Utah law professor Teneille Brown. "Even if they allow public access, that does not equal a right to broadcast or record."
Robinson's attorneys are seeking to delay his May preliminary hearing, when prosecutors must show that they have enough evidence to proceed to a trial.
Prosecutors have said DNA consistent with Robinson's was found on the trigger of the rifle, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle. Defense attorneys note that forensic reports indicate multiple people's DNA was found on some items, which they say requires a more complex analysis.
Robinson reportedly texted his romantic partner that he targeted Kirk because he "had enough of his hatred," prosecutors have said.
