A Utah judge wrapped up a roughly three-hour hearing in Provo without setting a trial date for Tyler Robinson, the 23-year-old accused of assassinating Charlie Kirk at a Turning Point USA event last year.
Judge Tony Graf Jr. said he had intended to set a date by the end of the hearing but needed more time after questioning both sides about their schedules and conflicts in other pending trials. He set the next hearing for Monday, Nov. 9 at 1 p.m. MT, when he said he would read his ruling.
Robinson, wearing a light gray suit and unshackled, did not address the court. He spoke quietly with his attorneys, Richard Novak, Kathy Nester and Staci Visser, during breaks, at one point passing Visser a note. He did not enter a plea until last month, nearly a year after being charged.
Prosecution vs. Defense Timelines
Utah County prosecutors proposed Jan. 31, 2028, as their preferred trial date, saying they could be ready as early as October 2027. The defense asked for a “soft target” date in the third quarter of 2029, pointing to the scale of the evidence and conflicting trial commitments.
Visser told the court that pretrial litigation “builds upon itself,” citing more than 31,000 pieces of discovery and roughly 8 million artifacts of digital evidence that still need review before motions to compel and subpoenas can be filed.
“Discovery review is foundational. It impacts everything else.”
She called the state’s proposed January 2028 date “not practical.”
Defense attorney Novak said one of his other cases, a federal racketeering trial, is scheduled to begin Jan. 10, 2028 — directly conflicting with prosecutors’ desired start date — and said that trial date was “set in stone.” He pushed back on any effort to speed up Robinson’s case.
“The reality is rushing to trial does not lead to closure, it does not lead to finality, it leads to mistakes.”
Kirk Family Pushes for Speed
Jeffrey Neiman, an attorney representing Erika Kirk, Charlie Kirk’s widow, pressed the judge repeatedly to move faster. Erika Kirk is the court’s designated victim’s representative, and under Utah’s state constitution, victims and their representatives have a right to a speedy resolution.
“Every day of delay adds to uncertainty, invites speculation, and that erodes confidence in this system.”
Neiman noted that only about 5% of federal cases actually go to trial and said the Kirk family would be willing to write to the federal judge handling Novak’s racketeering case to ask that it be rescheduled, clearing the January 2028 date for Robinson’s trial.
“Justice delayed this long stops being justice for the Kirk family.”
He also argued that delay benefits the defense directly.
“Time is the defense’s best ally. It’s their best friend.”
Neiman pointed out that no matter when the trial happens, Charlie Kirk will never spend another Christmas with his family, and urged the judge to act.
“Your honor, if you set it, it will happen. Set it, please.”
Both sides agreed a trial running through the holidays would create problems for jurors and witnesses. The hearing was interrupted several times by technical issues with the videoconferencing platform WebEx, through which defense attorney Michael Burt and an attorney for Charlie Kirk’s parents, Robert and Kathy, appeared remotely.
Graf said he was concerned that further delay in setting a date could invite even more scheduling conflicts down the road. A ruling is expected at the Nov. 9 hearing.
