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Efforts by Tyler Robinson’s defense team to compel a key witness to testify at his upcoming preliminary hearing failed Monday.
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Robinson is accused of killing conservative activist Charlie Kirk during an event at a Utah college campus last September. A preliminary hearing scheduled for the week of July 6 is set to determine whether there is enough evidence against the suspect to proceed to trial.
Judge Tony Graf ruled in a hearing held remotely on Monday, denying the defense team’s efforts to subpoena Robinson’s former roommate, Lance Twiggs, to attend the hearing.
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The roommate, who investigators said had a romantic relationship with Robinson, is the source of several key pieces of evidence in the prosecution’s case. Prosecutors have said that Robinson confessed to Twiggs and exchanged messages about the shooting.
Prosecutors plan to present a recorded statement from Twiggs at the preliminary hearing. The suspect’s defense team argued that they should have the opportunity to cross-examine Twiggs, who now lives out of state. But the judge ruled that the purpose of the hearing would not be to decide on Robinson’s guilt but rather to determine if there is sufficient evidence to move the case forward.
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“The preliminary hearing is limited to determining probable cause and is not a discovery device. The state is constitutionally permitted to rely on reliable hearsay to establish probable cause,” Graf said. “The defendant has failed to identify specific anticipated testimony that is reasonably likely to negate probable cause.”
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Robinson attended Monday’s hearing remotely from jail with his camera turned off.
Monday’s hearing left several pending issues unresolved. The issues include the defense’s efforts to exclude cameras from the courtroom and the defense’s arguments that prosecutors should be sanctioned for speaking to the media about the case. A new hearing will take place on Friday to address those arguments.
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