SALT LAKE CITY — Judge Tony Graf Jr. convened a hearing in Salt Lake City to decide whether to close portions of the preliminary hearing scheduled for July 6-10 and seal some exhibits in the aggravated murder case against Tyler Robinson. Robinson is charged in the September 10 killing of Charlie Kirk on the Utah Valley University campus.

Utah attorney Kathy Nester, who is leading Robinson's defense team, asked Graf for the hearing to determine whether testimony and exhibits can be sealed from the preliminary proceeding. Defense attorneys have asked the judge to seal dozens of exhibits to prevent infecting the potential jury pool, according to court documents, and have argued that broadcasts of the proceedings create a media frenzy that misrepresents Robinson and could bias potential jurors. Graf previously rejected the defense's request to ban news cameras from the preliminary hearing.

Prosecutors plan to introduce forensic analyses, surveillance video, recordings of witness statements, autopsy findings and alleged messages from Robinson admitting to the crime. Court filings indicate the exhibits include records from the communications app Discord, text messages, written or recorded statements, videos of the shooting and a note. Prosecutors said a note left for Robinson's romantic partner hidden under a keyboard read, "I had the opportunity to take out Charlie Kirk and I'm going to take it," and that he wrote in a text message about Kirk, "I had enough of his hatred. Some hate can't be negotiated out."

Prosecutors argue the preliminary hearing should remain open, but agree that media should be restricted from viewing or copying some exhibits that could be used in a future trial. In an opposition filing, they argued the defense motion was filed too late and did not specifically identify which testimony and exhibits should be withheld from the public. "There is nothing to suggest that the substance of the evidence is inadmissible," prosecutors said in a court filing.

Deputy Utah County Attorney Chad Grunander said some of the evidence planned for July is "reliable hearsay," meaning statements made outside of court that are considered highly trustworthy. Such statements are typically allowed in preliminary hearings but not at trial. Legal analyst Randolph Rice said, "A preliminary hearing is not a trial, so prosecutors are often permitted to introduce certain evidence, hearsay statements, police summaries, or investigative details that may never be admissible before the actual trial jury." Rice said, "By requesting limits on cameras, public access, and the sealing of exhibits, they are attempting to preserve the defendant's right to a fair and impartial trial and reduce the risk of appellate issues later in the case."

Attorneys for a coalition of media outlets, including Fox News Digital, have opposed the motion to close parts of the hearing, noting that such proceedings are routine and typically open to the public except under specific circumstances. Graf earlier agreed to a defense request to postpone the preliminary hearing from the week of May 18 to early July and to extend it to up to four days. Prosecutors offered to exclude DNA evidence from the preliminary hearing, saying they had enough probable cause without it. The preliminary hearing is expected to establish probable cause for the charges against Robinson, who has not yet entered a plea.