Physical Address
304 North Cardinal St.
Dorchester Center, MA 02124
PROVO, Utah — The prosecution may face challenges in the case against Charlie Kirk’s accused assassin, Tyler Robinson. Skye Lazaro, a notable defense attorney from Salt Lake City, points to uncertainties in the timeline as a notable vulnerability. She anticipates that the defense will prolong the discovery period, potentially delaying the preliminary hearing for approximately a year.
Kirk, a 31-year-old father of two, met a tragic end on September 10 at around 12:20 p.m. while addressing a Turning Point USA event at Utah Valley University. This organization has played a significant role in revitalizing youth support for the Republican Party.
Lazaro states, “There’s a lot that remains unknown as this case unfolds.”
The defense is equally in the dark, as the discovery process commenced with a deadline set for the prosecutors to provide initial disclosures. Following this, Robinson’s team requested a one-month postponement of his waiver hearing.
Initial evidence has emerged at news briefings, public statements by authorities, and through charging documents submitted last week. Prosecutors presented troubling text messages between Robinson and his roommate, Lance Twiggs, allegedly in which Robinson takes responsibility for Kirk’s murder. However, these messages lack crucial timestamps.
Robinson, aged 22, was apprehended in southern Utah approximately 33 hours after the shooting. Prior to his arrest, he reportedly revisited the crime scene. Police later discovered what is believed to be the murder weapon. Authorities have yet to clarify the timing of this encounter with a police officer present at the scene.
Lazaro remarked, “If the timeline does not align, it could certainly pose significant issues for the prosecution.”
During his interaction with the law enforcement officer, Robinson claimed he was retrieving an item left near a parking garage close to the site of the shooting. Following Kirk’s shooting, many individuals dropped personal belongings while fleeing a crowd of about 3,000. At the time, Robinson’s actions did not raise immediate suspicion; however, the officer’s routine check of Robinson’s license plate later linked him to the investigation.
Robinson’s defense team may exploit potential lapses in evidence collection. Should the officer’s body camera not have been activated, it could present an opportunity to question the integrity of the investigation, according to Lazaro.
Additional details surrounding the text messages could further complicate Robinson’s defense, Lazaro warns. “Subpoenaing cellphone records often reveals the locations from which messages were sent.”
If the records indicate that the texts originated from Robinson’s phone in Orem and were received on Twiggs’ phone in St. George, this could corroborate the prosecution’s claims.
Lazaro continues, “The defense aims to meticulously analyze this information, potentially involving their own forensic expert, to construct a coherent timeline.”
Authorities have reported that Twiggs is cooperating with the investigation. Despite this, the defense team is expected to do everything in their power to undermine the state’s claims.
Lazaro points out, “It could turn out that the texts are less damaging than they seem. It is critical to remember that a probable cause affidavit contains the prosecution’s strongest evidence at that moment.”
Public speculation surrounding gaps in the known evidence has erupted online, though much of it lacks substantiation. Lazaro notes, “Some conspiracy theories suggest that the text messages were fabricated or tampered with. As a defense attorney, relying on unproven claims does not constitute a formidable defense. It often leads to credibility issues unless substantial proof exists.”
The available charging documents do not include any exculpatory evidence the defense could later utilize. Instead, these items may need to be sought during discovery or through witness testimonies at the forthcoming preliminary hearing, which could be protracted.
Robinson has not entered a plea yet. During a waiver hearing, the court permitted the inclusion of two attorneys from out of state, Michael Burt and Richard Novak, to assist his Utah public defender, Kathy Nester.
Given that many residents of Utah County belong to the Church of Jesus Christ of Latter-day Saints and often travel for missionary work, Nester believes the attorneys’ Californian backgrounds will not impede their efforts.
She highlights, “In Eastern Montana, the presence of big-city lawyers may not be advantageous. However, I do not foresee this as a significant hurdle in our current location.”
The experience of the two attorneys in capital cases across various jurisdictions also provides them with a unique prowess to navigate this high-profile trial.
While the Justice Department has yet to announce federal charges against Robinson, such a possibility remains on the table.
Nester has requested more time to determine if Robinson will pursue a preliminary hearing, which serves as an evidentiary proceeding requiring the prosecution to demonstrate probable cause before the case can progress.
Although the defense is unlikely to succeed in dismissing the charges at this stage, the preliminary hearing can grant them the opportunity to secure a strategic advantage before the trial, including the chance to cross-examine witnesses and evaluate their credibility under questioning.
Lazaro expresses, “A preliminary hearing evaluates probable cause under the most favorable light for the state.”
Prolongation of preliminary hearings in serious felony cases in Utah can extend for months, or even up to a year. Robinson faces aggravated murder charges, alongside the potential for the death penalty, underscoring the gravity of the situation.
His upcoming hearing is scheduled for October 30 in Provo. However, Lazaro anticipates further requests for extensions from the defense.
As developments continue in this complex case, both sides prepare for the challenges ahead, with the judicial process poised to unfold over the coming months.
