Utah Judge Denies Defense Request for In-Person Testimony in Charlie Kirk Murder Case

A Utah judge has ruled that Tyler Robinson's former roommate does not have to testify in person at Robinson's preliminary hearing, dealing a blow to the defense in the high-profile murder case. Judge Tony Graf said that under Utah's hearsay rules, written or recorded statements are enough at this stage — and that credibility can be challenged later if the case goes to trial, according to NBC News.
Robinson, 23, is charged with aggravated murder in the September 2025 killing of Turning Point USA founder Charlie Kirk. Kirk was shot by a sniper while speaking at Utah Valley University in Orem, Utah, in front of roughly 3,000 people. Robinson has not yet entered a plea.
Lance Twiggs, also known as "Luna," was Robinson's former roommate and romantic partner. Prosecutors say Robinson texted Twiggs after the assassination. Those messages are key to the state's case. The defense wanted Twiggs on the stand in person so they could challenge his credibility directly, according to NBC Philadelphia.
Judge Graf blocked that request. He cited Utah Rule of Evidence 1102, which allows "reliable hearsay" at preliminary hearings. The rule limits the hearing to a simple question: Is there probable cause to hold the defendant for trial? It is not meant to be a full trial on the merits.
Robinson's attorneys, Richard Novack and Kathryn Nester, also asked Graf to take the death penalty off the table entirely. They argued that public comments by prosecutors have poisoned the jury pool and made a fair trial impossible. Legal analysts say this is an extremely high bar to clear, according to NBC Miami.
Graf has not yet ruled on that request. He also postponed a decision on whether prosecutors should face sanctions for comments made to outlets like USA Today and TMZ about a bullet fragment found at the scene. Deputy County Attorney Christopher Ballard made those statements to "set the record straight" on ballistics evidence.
The bullet fragment has become a flashpoint. An ATF report came back "inconclusive" — meaning experts could not definitively match the fragment to Robinson's Mauser Model 98 rifle. But they also could not rule it out. Defense lawyers called it a sign Robinson may be innocent. Prosecutors called that framing misleading, according to NBC Bay Area.
Robinson allegedly left a letter for his partner admitting he "took the opportunity to take out Charlie Kirk," according to search warrants. He faces 10 total counts, including aggravated murder and capital obstruction of justice. The alleged shot was fired from 142 yards away.
Finding an impartial jury will be a major challenge. The defense has already presented surveys showing high awareness of the case among Utah County residents. Judge Graf denied an earlier defense bid to ban cameras from the courtroom, ruling in May 2026 that proceedings should stay open to the public, according to NBC Los Angeles.
The preliminary hearing is still ongoing. If Graf finds probable cause, Robinson will face a full trial where the death penalty remains a possibility. The case has drawn national attention since Kirk's killing in September 2025, with 87% of Americans saying political violence is now a "problem" in the U.S., according to a YouGov poll cited by NBC Connecticut.
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