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A Utah judge’s decision to hold repeated off-camera hearings for the man accused of assassinating Turning Point USA founder Charlie Kirk is drawing warnings from legal experts who say the move sacrifices transparency in one of the state’s most high-profile cases.
Tyler Robinson, 22, is accused of shooting the 31-year-old father of two as he delivered remarks during an event at Utah Valley University last month — but the suspect has not been seen publicly since the initial court appearance after his arrest.
“If the public can’t see who’s speaking in a courtroom, that’s a serious transparency issue,” said Randolph Rice, a Maryland attorney and legal analyst. “Our justice system depends on open proceedings and the public needs to know that the person who is answering questions is the same person that is accused of assassinating Charlie Kirk.”
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Although it’s likely that jail guards were with Robinson on the other end of the call, their presence isn’t officially indicated in the court record. After his first remote hearing, several spectators wondered out loud whether it was even his voice the court heard over the monitor.
Robinson’s second off-camera public hearing came days before he would have been due in court in person. The court announced Monday that that hearing would be postponed until January to allow lawyers on both sides more time for discovery and other preparations.
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Judge Tony Graf, who was appointed to the bench earlier this year, has been threading a fine needle as he balances interests of the public and the parties. He also told lawyers on both sides that they should file new briefs as part of their requests to limit or remove news cameras from future proceedings.
“When judges hide too much from the public, they risk losing the public’s trust,” Rice said. “Justice has to be seen to be believed. It could appear that the court is hiding something to either protect itself, the state or the defendant.”
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Separately, he granted a motion that will allow Robinson to wear civilian clothes at all future court appearances but denied a motion to have him appear without restraints. He also said he would amend a court decorum order and block news photographers from taking pictures of those restraints or from showing Robinson entering or exiting the courtroom.
“There seems to be an inordinate concern with his public perception,” said Joshua Ritter, a Los Angeles-based criminal defense attorney and Fox News contributor. “The idea that he is not shown in custody, that he will be dressed up for court and no photos of his restraints. Great lengths [are] being made to make sure his presumption of innocence is maintained for the general public.”
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Jail officials previously told Fox News Digital that Robinson’s first no-video hearing came at the request of the defense, in part because the hearing was expected to be short.
“The judge is being extremely cautious to avoid an appeal for unfairness later by the defendant,” Rice said. “But while doing that, he is sacrificing transparency and that is a dangerous trade-off in a case this public.”
At the hearing Monday, Graf also mentioned that prosecutors have requested to hold all future non-evidentiary hearings virtually. He did not rule on that motion.
“Judges certainly have discretion in shielding what the public sees in the courtroom, but this raises legitimate questions about transparency, particularly in such a high-profile case,” Rice said.
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Robinson has not yet entered a plea. His expected preliminary hearing, in which the defense would challenge the evidence used to arrest him and cross-examine the state’s witnesses, has been postponed until January at the earliest.
It could be pushed back further, experts say, and it’s unclear when the public will get another glimpse at the accused assassin.
“Keeping a defendant completely off camera for too long in a high-profile case like this only fans the flames of conspiracy,” Rice said. “Conspiracies are born out of a lack of information, allowing the public to draw their own conclusions, no matter how far-fetched or unfounded.”
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