‘They seek death’: Tyler Robinson’s lawyers say rushing a preliminary hearing creates unfair prejudice for Charlie Kirk
The State insisted Rule 16 allows ongoing disclosure and only requires sharing all “reasonably available” evidence before the preliminary hearing. They say they are meeting those obligations and that defence is overstating what must be done beforehand.
1. State dumps nearly 14,000 files — but thousands still unreviewed
Prosecutors told the court they’ve received 13,900 files from law enforcement and have only managed to pass 7,951 to the defence so far. A new “large batch” arrived days ago, slowing things down. Defense says key materials are still missing.
2. State pushes for a 3-day preliminary hearing
Arguing that the legal standard is just probable cause, prosecutors asked the judge to set a three-day preliminary hearing, ideally in April, claiming discovery will naturally continue even after it is scheduled.
3. Defense: We can’t prepare when discovery is incomplete
Robinson’s team pushed back sharply, saying they:
- Haven’t received crucial evidence
- Know more files are coming
- Can’t possibly prepare without full access
They also noted a team member was absent and must be consulted before dates are set.
4. Defense says a major issue must be resolved first: disqualifying the prosecutor
A motion to disqualify the county attorney’s office is already set for January 16. Defense argued the court shouldn’t set a preliminary hearing unless it knows who the prosecutor will even be.
5. Prosecutors say the law doesn’t require “complete” discovery
The State insisted Rule 16 allows ongoing disclosure and only requires sharing all “reasonably available” evidence before the preliminary hearing. They say they are meeting those obligations and that defence is overstating what must be done beforehand.
6. Defense drops the big issue: State announced death early, triggering extra duties
Robinson’s attorney said the prosecution publicly announced its intent to seek the death penalty the day of arrest, which is far earlier than normal.
Because of that early announcement, the State is now legally required to disclose:
- Aggravating factors
- Evidence supporting those aggravators
Defense says: “We have received none of it.”
7. Bottom line: Defense says a rushed prelim is prejudicial
Their argument:
“You can’t announce death on day one, withhold aggravation evidence, send thousands of files late, and then ask for a preliminary hearing. That creates massive prejudice.”
They’re urging the court to wait until:
- Discovery is substantially complete
- Death-penalty disclosures are made
- And the disqualification motion is resolved
Only then, they argue, can a fair preliminary hearing be scheduled.
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