Expert: Tyler Robinson Defense Prepares Death Penalty Appeal in Charlie Kirk Case

A former assistant U.S. attorney said Tyler Robinson's defense team is laying groundwork for a death penalty appeal in the Charlie Kirk assassination case, no matter how Judge Tony Graf rules Friday on two key motions.

Graf is scheduled to decide at 3 p.m. local time on a defense request to delay Robinson's preliminary hearing, set for May 18, and another to ban all cameras from the courtroom.

Neama Rahmani, a former assistant U.S. attorney and criminal defense attorney, told Fox News Digital the motions form part of a long-term strategy to create appealable issues. "The defense is probably thinking that if they raise these motions, whether it's to exclude cameras in the courtroom or to disqualify the Utah County Attorney's Office, they're creating potential issues on appeal, even if Judge Graf denies those motions," Rahmani said. "So if Tyler Robinson is sentenced to death, he may have more arguments that both state and federal appellate judges will be looking at if he is on death row."

Rahmani predicted Graf would likely grant a delay for the preliminary hearing but not the full six months requested. "I think it's more likely that the judge grants the defense request to continue the preliminary hearing. And this is why, if they did receive hundreds of thousands of documents recently and they need time to go through it, it is the defendant's right to a speedy trial. And the defendant has the right to waive that right," he said. "Now, six months may be excessive. Maybe the judge continues it to some later date, weeks or months out. But ultimately, if the judge refuses to grant that continuance, that creates yet another issue on appeal."

In January, Robinson's attorneys filed to exclude television cameras, microphones, still photographers, radio microphones and other broadcast media from the courtroom. They argued highly sensational media coverage threatens Robinson's due process rights and jury selection.

Social psychologist Bryan Edelman, a defense witness at an April hearing, described news coverage of Kirk's assassination and Robinson's alleged role as sensationalized.

Cole Christiansen, an investigator with the Utah County Attorney's Office, countered that coverage went both ways. "I think the tone of it went both ways. I think some of the tone of it was negative toward the prosecution and some of it was negative toward the defense as well. Some of it was negative toward Erika Kirk, and some of it was negative toward Charlie Kirk," he said.

Deputy Utah County Attorney Chad Grunander supported open proceedings during the April hearing. "We strongly support open and transparent proceedings in this case, so that the public will trust the process here," he said. "There are conspiracy theories that abound. There are questions being raised, and the best antidote for falsehood is the truth in accuracy. It's the actual real proceedings. And that's why we favor opening this court and allowing the cameras in the courtroom."

Robinson's team sought at least a six-month delay in late March, citing voluminous and incomplete discovery files received March 12. They received more than 600,000 files, which they said require time to process. "Discovery in this case is incomplete, voluminous, and the processing of it is complex," the defense wrote. A forensic biologist on the team estimated six months to review the evidence.

Robinson faces death penalty-eligible charges including aggravated murder for the Sept. 10, 2025, killing of Kirk, founder of TPUSA. Fox News Digital contacted Robinson's attorney.