A Utah judge on Monday ordered the transcript of a closed-door hearing in October on whether the man accused of killing Charlie Kirk should be restrained during court proceedings.
State District Judge Tony Graff said the transcript should be posted on the court docket by the end of the day. Lawyers asked media outlets, including the Associated Press, to publish details of the closed-door hearing.
Prosecutors have charged Tyler Robinson with aggravated murder in the Sept. 10 shooting death of the conservative activist on the campus of Utah Valley University in Orem, a few miles north of the Provo Courthouse. They plan to seek the death penalty.
Robinson’s defense attorneys requested in early October that he be allowed to appear in court in plain clothes and without shackles, to prevent any bias against him among potential jurors.
Days after a closed hearing on the matter on October 24, Graf ruled that Robinson could appear in plain clothes but must wear restraints. Utah Court Rules require that defendants in custody be restrained unless otherwise ordered.
Graff wrote in an Oct. 27 order that the restrictions imposed on Robinson would protect the safety of court staff and the defendant by allowing him to quickly be secured if court proceedings are disrupted.
Related | Charlie Kirk murder suspect Tyler Robinson makes his first in-person court appearance
But the judge said on Monday that public transparency was “essential” to the judicial system before ordering details of the closed session to be made public. The judge ordered limited redactions to remove discussions of security protocols in the closely watched case.
Graf also ordered the release of an audio recording of the hearing, again with redactions.
The media’s lawyers wrote in their recent filings that the open court “protects the integrity of the fact-finding process” while enhancing public confidence in the judicial process. Criminal cases in the United States have long been open to the public, which lawyers said is proof that trials can be conducted fairly without restricting journalists.
Graff said in a separate order that Robinson’s restrictions cannot be made visible by media outlets that publish or broadcast photos of court proceedings.
Graf briefly stopped the live broadcast of an informational hearing earlier this month and ordered the camera moved after Robinson’s lawyers said the broadcast showed the defendant’s shackles.
In a separate ruling issued Monday, Graf denied a request from media lawyers who sought to intervene in the case. The judge said members of the press do not need to be official parties to the proceedings to access court records.
Robinson was not in court Monday but appeared via audio link from the Utah County Jail.
A preliminary hearing, where prosecutors will present their case against him, is scheduled for the week of May 18.
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