Judge says roommate of Charlie Kirk murder suspect won’t testify in person at preliminary hearing

The Utah judge in the murder case of Charlie Kirk's killing has denied a defense request to force Tyler Robinson's former roommate to testify in person during the preliminary hearing, saying that the credibility of any testimony can be challenged later if the case goes to trial.

Judge Tony Graf made the ruling during a hearing Monday morning, saying the purpose of a preliminary hearing is to establish whether there is enough evidence to justify bringing the case to trial, not to determine whether someone is innocent or guilty.

Graf also postponed a ruling on whether prosecutors could face sanctions for comments to the media about a bullet fragment recovered from the conservative activist's body until Friday. The defense team had asked Judge Tony Graf to block the death penalty in the case, claiming the prosecutors' comments could sway potential jurors regarding his guilt.

Robinson, 23, has not yet entered a plea. He is charged with aggravated murder in the Sept. 10 killing of Kirk, a close ally of President Donald Trump who was shot in the neck while addressing a crowd of thousands at Utah Valley University.

Prosecutors have said DNA consistent with Robinson's was found on the trigger of the rifle, the fired cartridge casing and two unfired cartridges. Defense attorneys note that forensic reports indicate multiple people's DNA was found on some items, which they say requires a more complex analysis.

Robinson reportedly texted his roommate, who was also his romantic partner, that he targeted Kirk because he "had enough of his hatred," prosecutors have said.

Robinson's defense team asked the judge to block prosecutors from using recorded statements from the roommate in the preliminary hearing, set to begin on July 6. The roommate should be brought to testify in person, the defense attorneys said, so that Robinson can exercise his right to confront witnesses in person and challenge their credibility. But Graf denied that request, saying the time for challenging witnesses will come later.