Defense tries to sow doubt about evidence in Charlie Kirk's killing

PROVO, Utah -- Lawyers for the man accused of killing conservative activist Charlie Kirk tried to sow doubt about the case Friday, while a prosecutor countered that authorities had "overwhelming" evidence including DNA tests and apparent confessions by defendant Tyler Robinson.

Judge Tony Graf will decide if the case should advance to a trial after closing arguments from the two sides scheduled for Sept. 1.

Kirk, 31, was killed as he spoke to a crowd of thousands at Utah Valley University on Sept. 10. Robinson is charged with aggravated murder and could face the death penalty.

Friday's hearing brought an emotional moment for Kirk's family, when the court played a surveillance video that prosecutors said showed Robinson on the rooftop where he allegedly fired a single bullet that hit Kirk in the neck.

Kirk's widow, Erika, watched intently as a person said to be Robinson ran across the roof. When the figure dropped to a crawl near the roof's edge, Erika Kirk turned and embraced Charlie Kirk's mother, Kathryn, who was crying. They held each other and looked away until the video was almost over.

Defense questions reliability of evidence

Prosecutors this week presented testimony from a former roommate who said the 23-year-old defendant expressed remorse for the shooting before turning himself in. Lawyers from the Utah County Attorney's Office also offered DNA analysis that investigators said linked Robinson to both the suspected murder weapon and a tool he allegedly used to etch messages onto bullet cartridges.

Robinson's team did not offer any alternative theories for who is responsible for Kirk's death. But one of his attorneys, Michael Burt, repeatedly questioned the reliability of DNA tests and other evidence cited by prosecutors.

Burt used testimony Friday from a government DNA analyst to highlight the limitations of such tests. He noted that government policies don't allow analysts to say that DNA evidence is "infallible" or that it has a "zero error rate." He also indicated it's possible for DNA to be transported by a third party.

"If you had a lot of DNA on your hand, we shook hands and I went to pick up an exhibit, a gun, and I touched the trigger of it, your DNA could be on that trigger, right?" Burt asked Caitlin Oliver, a forensic biologist with the Bureau of Alcohol, Tobacco, Firearms and Explosives.

"It is possible. Yes," Oliver replied.

Experts say the science behind DNA testing is sound.

Chief Deputy Utah County Attorney Chad Grunander questioned the relevance of bringing in Oliver as a witness. He suggested prosecutors already had met the burden of proof needed to advance the case to trial.

"Your honor's heard four days of testimony now. The evidence is overwhelming. It's devastating," Grunander said.

Kirk family thanks supporters

Robinson has not entered a plea. He turned himself in a day after the fatal shooting of Kirk, a close ally of President Donald Trump credited with helping galvanize young voters for the Republican in the 2024 election.

Kirk's family released a statement shortly after court ended, expressing gratitude for the support and prayers offered to them. They said the preliminary hearing "marks an important step forward in the pursuit of justice for Charlie."

"As difficult as these last few days have been, it brings our family comfort to know that the world has witnessed the overwhelming evidence of what occurred to Charlie that day," the statement said.

The video that prosecutors said showed Robinson allegedly running across the roof at Utah Valley University was played for the court gallery at the request of Kirk's family. Portions of the recording were zoomed in to better show the figure on the roof, and red circles were added to some images. An unaltered version of that video was shown earlier.

Prosecutors also aired portions of a recorded interview with Robinson's roommate, Lance Twiggs, who was Robinson's romantic partner. The day after Kirk was shot in the neck, Robinson allegedly told Twiggs "he wishes he hadn't done it," a recording played in court revealed.

Later that same day - and only about an hour before turning himself in - Robinson posted "it was me at UVU yesterday," in a chat room on the Discord social media platform, according to investigators and messages shown by prosecutors.

Defense attorneys unsuccessfully fought the public release of the statements from Twiggs and the chat room messages. They argued prosecutors would characterize the material as a confession, undermining Robinson's right to a fair trial.

Roommate: Robinson never talked about Kirk

Prosecutors contend the shooting endangered others at Kirk's campus event - an aggravating circumstance that could make the crime punishable by death under Utah law. Robinson faces possible sentence enhancements based on claims by prosecutors that he targeted Kirk because of his political views.

Twiggs said in the April interview with prosecutors and investigators that Robinson sometimes talked about politics, including Trump. But Twiggs said he never heard Robinson talk about Kirk before the shooting. The defendant also did not talk much about gender issues or LGBTQ rights, Twiggs said.

The weeklong preliminary hearing attracted intense media coverage and spectators who have angled for one of the 14 seats in the courtroom that are reserved for the public.

People have lined up early - sometimes sleeping there overnight - in hopes of getting in.

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Brown reported from Billings, Montana.