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Utah judge now considering evidence against accused killer of Charlie Kirk

MARY LOUISE KELLY, HOST:

OK, to Utah, where dramatic evidence in the killing of conservative activist Charlie Kirk has been presented in court. A weeklong hearing wrapped up today. Charlie Kirk, you may recall, was shot while speaking at an event at Utah Valley University last September. Accused killer Tyler Robinson faces charges that could result in the death penalty. Sean Higgins with member station KUER joins us now from Salt Lake City, Hey, Sean.

SEAN HIGGINS, BYLINE: Hi, Mary Louise.

KELLY: So the hearing this week has been an evidentiary hearing, meaning the only thing prosecutors were trying to prove was they have enough evidence to take Robinson to a full trial somewhere in the future?

HIGGINS: That's correct. They weren't necessarily trying to prove guilt this week. And it's important to say that Robinson has not entered a plea to the seven charges against him. Prosecutors presented over 30 exhibits into evidence over the last five days. That includes surveillance video from before, during and after the shooting. Forensic evidence showing Robinson's DNA on the rifle that was allegedly used to kill Kirk was also introduced. And probably the most damning of all, Mary Louise, text messages and statements from Robinson and his roommate and romantic partner.

KELLY: And what was in those messages? Like, why are they so important?

HIGGINS: So these were text messages between Robinson and Lance Twiggs, and they were sent in the hours after Kirk was shot. That was on September 10. Prosecutors say they contain what amounts to a confession, and portions of those texts were read aloud in court by State Bureau of Investigation Agent Brian Davis.

(SOUNDBITE OF ARCHIVED RECORDING)

BRIAN DAVIS: And then Lance replies, you weren't the one who did it, right? And Tyler says, I am. I'm sorry.

KELLY: And there were statements from Robinson's romantic partner. Statements like what?

HIGGINS: So these statements were from a video interview the prosecution conducted with Twiggs that was played in part in the courtroom. In the video, Twiggs detailed things like the nature of their relationship, Robinson's demeanor on the morning after of the shooting (ph). And in the video, Twiggs said Robinson expressed regret the day Robinson turned himself into police, which was the next day.

KELLY: So Tyler Robinson's defense attorneys were obviously sitting there listening and watching all this. How did they respond to what the prosecutors were presenting?

HIGGINS: The defense has really been fighting the release of evidence at each step in this process. Their central argument is that if this evidence is made public at this stage of the process, it could influence a future jury before a trial would even start. And defense attorney Richard Novak repeatedly made that case this week.

(SOUNDBITE OF ARCHIVED RECORDING)

RICHARD NOVAK: With all due respect to the Kirk family and with all due respect to the media and with all due respect to the public, the number one concern in this proceeding is Mr. Robinson's right to a fair trial.

HIGGINS: And it's important to say that District judge Tony Graf has really tried to strike a delicate balance with what can and can't be shown in court because of that argument.

KELLY: I imagine it must have felt so fraught in the courtroom this week. Just describe it.

HIGGINS: It was really remarkable. Both the Kirk and Robinson families have been in the same room together for the first time. They were sitting on opposite sides of the courtroom. That includes Charlie Kirk's widow, Erika Kirk. Donald Trump Jr. also attended. Utah Senator Mike Lee was also there for part of the proceedings.

KELLY: And, Sean, when are we likely to find out whether this will indeed go to trial or not?

HIGGINS: Yeah, so Judge Graf did not make a decision today. The next hearing is scheduled for September 1, where the judge is expected to decide whether or not this does go to trial. The defense essentially successfully argued for a written briefing on the hearing after it ended.

KELLY: That is KUER's Sean Higgins reporting from Salt Lake City. Thank you.

HIGGINS: You're welcome.

(SOUNDBITE OF MINUTEMEN'S "COHESION") Transcript provided by NPR, Copyright NPR.

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Sean Higgins