A judge on Monday dismissed a motion by Tyler Robinson’s attorneys to subpoena his former romantic partner to testify in court next month.
Robinson, 23, is accused of killing right-wing activist Charlie Kirk as he spoke at a campus debate at Utah Valley University in Orem last year. Robinson faces multiple charges in connection with the killing, including felony aggravated murder.
On Monday, state District Judge Tony Graf Jr. granted prosecutors’ motion to quash a subpoena brought by defense attorneys to have Lance Twiggs testify live in Utah at the preliminary hearing on July 6.
Twiggs was living with Robinson at the time of the killing as a romantic partner. While the court referred to Twiggs by “Mr.,” defense attorneys have previously said Twiggs is transgender and goes by “Luna.”
Prosecutors moved to quash the subpoena for Twiggs, saying they intend to use a recorded interview in which Twiggs is alleged to have told investigators that Robinson confessed to the crime, concealed a weapon, disposed of clothing and told Twiggs not to contact law enforcement.
The state also intends to use a handwritten note Robinson gave to Twiggs, as well as text messages and other evidence, Graf said.
Graf also denied Robinson’s motion seeking to prevent the state from relying on hearsay to establish probable cause at the preliminary hearing.
Graf said the Utah Constitution permits the state to rely on reliable hearsay to establish probable cause, adding that “a relaxed application of defendants’ constitutional rights” at a preliminary hearing is appropriate because of its limited purpose.
“Although the preliminary hearing is a critical stage of the criminal process, it is not a trial, and does not involve a determination of guilt or innocence,” Graf said, explaining his decision.
The next court date is scheduled for Friday morning, when additional matters, such as the defense’s interest in subpoenaing seven forensic witnesses to testify, will be discussed ahead of July’s preliminary hearing.
Kirk, a co-founder of the conservative youth organization Turning Point USA, was shot and killed at an event at Utah Valley University last year.
Robinson turned himself in to a local sheriff’s office a day after the killing. He was charged with felony aggravated murder, felony discharge of a firearm causing serious bodily injury, two counts of felony obstruction of justice, two counts of witness tampering and commission of a violent offense in the presence of a child.
If Robinson is convicted, prosecutors intend to seek the death penalty. He has not yet entered a plea.
His attorneys asked the court this month to rule out the death penalty in light of media statements and appearances made by prosecutors, arguing that they breached the judge’s order limiting out-of-court statements about the case.
Defense attorneys have sought to restrict media coverage of the proceedings, contending that the intense public attention threatens Robinson’s right to a fair trial.
Graf said the court will not allow any electronics into the courtroom at July’s preliminary court hearing to “uphold the constitutional rights of all parties” in the room.
