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Attorneys for the man accused of assassinating Turning Point USA founder Charlie Kirk are asking a Utah judge to allow him to appear in civilian clothing and without restraints at all court proceedings, arguing that heavy media coverage and public commentary have already threatened his right to a fair trial.
In a 20-page filing submitted Oct. 22, Tyler Robinson’s legal team says the case has become a “content tornado,” describing it as a social-media storm of commentary, speculation and viral videos that make any new images of the defendant in jail attire potentially devastating to the future jury pool.
Fox News has confirmed that Judge Tony Graf granted the state and Utah County Sheriff’s motion to classify their response as “private,” meaning the public cannot access the state’s reply to Robinson’s motion through the court’s docket.
Prosecutors said their filing includes information from the court’s security director, Chris Palmer, outlining specific courthouse security measures in Robinson’s case.
A closed hearing appeared on the docket Friday morning. While no public details are attached to the entry, multiple sources confirm to Fox News that it relates to the defense request that Robinson be permitted to appear unshackled and in civilian clothing at all in-person proceedings.
The hearing was to be closed because it was going to cover security protocols specific to Robinson and the courthouse, sources confirmed. The next open hearing in the case is scheduled for Oct. 30 at 10 a.m., when Robinson is expected to appear in person.
The defense cites extensive coverage of Robinson’s early court appearances, including televised footage showing him in what appeared to be a bullet-proof or suicide vest during his first hearing.
The motion also lists statements from public officials including President Donald Trump, Utah Gov. Spencer Cox, and federal law enforcement leaders, who publicly discussed the investigation and expressed opinions about Robinson’s guilt and the possible death penalty.
According to the filing, Trump declared soon after Robinson’s arrest that authorities had caught the suspect “with a high degree of certainty” and added, “I hope he gets the death penalty.”
That same day, the motion notes, Cox opened a press conference “dramatically” by proclaiming, “We got him,” before outlining details of the ongoing investigation.
Defense lawyers argue that such public remarks, coupled with repeated broadcast images of Robinson in custody, have “polluted the waters of justice” and risk creating irreversible bias among potential jurors.
The filing relies heavily on Deck v. Missouri (2005), a U.S. Supreme Court decision restricting the use of restraints in court unless there is a specific, case-by-case security justification. The attorneys say that right extends beyond jury trials to any public court appearance, including pretrial hearings, given the constant livestreaming and online sharing of court footage.
The team also challenges the Utah County Sheriff’s position that standard security policies apply automatically in high-profile cases, calling such policies unconstitutional without individualized findings.
Prosecutors and the sheriff’s office have suggested that Robinson could appear remotely to avoid public exposure. The defense counters that forcing remote appearances would violate Robinson’s right to be present in person for all stages of his capital prosecution, noting that the law doesn’t require a defendant to choose between personal attendance and the appearance of innocence.
While objecting to restraints, Robinson’s attorneys agree with the sheriff that the court should limit or ban video and photographic coverage of proceedings. They argue that televised imagery contributes to sensationalism and undermines the ability to seat an impartial jury.
Fox News’ Lee Ross contributed to this report.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to [email protected].
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