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Erika Kirk, the widow of the far-right activist Charlie Kirk, has asked a judge in Utah to allow the open courtroom display of every exhibit relating to her husband’s killing, saying she fears the proliferation of conspiracy theories.
Kirk’s motion came on the third day of a preliminary hearing in Provo at which the district judge Tony Graf will decide if there is sufficient evidence to move ahead with a trial for Kirk’s alleged murderer, Tyler Robinson, in a shooting at Utah Valley University last September.
In the three-page filing, Erika Kirk complained that some items of evidence were admitted into court but not made available for viewing, which her lawyer Jeffrey Neiman said breached a Utah law affording crime victims and their lawful representatives certain rights.
“Erika Kirk, the widow of Charlie Kirk, and his grieving parents traveled to this courtroom for one reason: to be present at these proceedings and to bear witness to the evidence concerning their husband and son,” the document said.
“At certain points throughout the preliminary hearing, the Kirk family sat in the room while evidence was admitted but not presented for their viewing. They were present in body, yet denied the very thing their presence was meant to secure: their ability to meaningfully observe the preliminary hearing.”
Their right to be present “is hollow”, the document concluded, if the Kirks were in the room but denied sight of items shown to the court.
“In the absence of transparency, speculation and conspiracy theories related to the tragic assassination of Mr Kirk will continue to proliferate in the public domain.”
The filing did not specify the evidence Kirk believes was withheld from her. The hearing so far has seen evidence including video footage allegedly depicting Robinson entering the campus and climbing on to a roof, and heard from law enforcement officers and university staff describing what they saw and heard.
There have been clashes between prosecutors and Robinson’s legal team over the addition of circled highlights and other changes on some of the videos, which the defense lawyer Michael Burt said could influence jurors.
A further dispute centered on DNA testing and chain of custody of forensic evidence, including a screwdriver found on the campus roof, and a Mauser ۹۸ rifle found in nearby woodland as well as a towel it was wrapped in.
In court on Wednesday, Neiman spoke about the Kirk family’s request, and argued a denial could “create doubt and distrust in the judicial system”.
Richard Novak, another defense attorney, sought to prevent the publication in open court of an interview with Robinson’s roommate and romantic partner, Lance Twiggs, according to the Associated Press.
He said he feared prosecutors would attempt to portray Twiggs’s statements as a confession by Robinson, which he said would hurt the defendant’s right to a fair trial.
Prosecutors said Robinson confessed in a note left for Twiggs that read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.”
Robinson also allegedly sent a text to Twiggs saying he targeted Kirk because he had “had enough of his hatred”.
Twiggs spoke to authorities on ۱۲ September, two days after Kirk was killed, and again on ۲۰ April, the court heard. He was granted immunity from prosecution in return for making the statements.
Graf has not yet ruled on the admissibility of the Twiggs recording.
The hearing continued on Thursday morning.
