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Tyler Robinson hearing ends without trial date set, prompting fiery plea from Erika Kirk’s lawyer

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PROVO, Utah — Tyler Robinson, the 23-year-old Utah man accused of assassinating Charlie Kirk at a Turning Point USA event last year, still doesn’t have a trial date after hearing oral arguments from both sides — and a lawyer for Kirk’s widow — about how much time they think they’ll need and when they’d like to start.

Robinson, wearing a light gray suit, uncuffed and unshackled, did not address the court. He spoke quietly with attorneys Richard Novak, Kathy Nester and Staci Visser during breaks, at one point handing Visser a note.

Judge Tony Graf Jr. said he had planned to set a trial date at the end of the hearing but needed more time after questioning both sides about their expected timelines and commitments in previously scheduled trials on other cases.

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Justice delayed this long stops being justice for the Kirk family.

Jeffrey Adam Nieman, attorney for Erika Kirk, sits in a courtroom during a pretrial hearing.

Jeffrey Adam Nieman, attorney for Erika Kirk, attends a pretrial hearing for Tyler James Robinson, 23, who is charged with aggravated murder and six other counts in the Sept. 10, 2025, fatal shooting of Turning Point USA founder Charlie Kirk at Utah Valley University, in 4th District Court on Friday, Oct. 23, 2026, in Provo, Utah. (Erin Hooley, Deseret News via Pool)

The roughly three-hour hearing saw several interruptions due to technical difficulty with WebEx, with Robinson defense attorney Michael Burt and an attorney for Kirk’s parents, Robert and Kathy, attending remotely.

Utah County prosecutors had floated Jan. 31, 2028, as their preferred trial date but said they could be ready in October 2027.

Tyler Robinson, charged with killing Charlie Kirk appears in court

Tyler Robinson, the man accused of killing Charlie Kirk, is seen in court in his first in-person court appearance on Dec. 11, 2025. (Pool/KSL-TV)

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The defense had asked for a “soft target” date in the third quarter of 2029, citing large amounts of discovery and other trial preparations — as well as trial commitments in other cases. Among those, one directly conflicted with the prosecution’s desired start date, a federal racketeering case defense attorney Novak has scheduled for Jan. 10, 2028.

Tyler Robinson

Defense attorney Richard Novak attends a pretrial hearing for Tyler James Robinson, 23, who is charged with aggravated murder and six other counts in the Sept. 10, 2025, fatal shooting of Charlie Kirk at Utah Valley University, in 4th District Court, Friday, Oct. 23, 2026, in Provo, Utah.

Both sides agreed that setting a trial that would run through the holidays could put potential jurors and witnesses in a bind.

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“Justice delayed this long stops being justice for the Kirk family,” said Jeffrey Neiman, an attorney for Kirk’s widow, Erika.

Tyler Robinson

Defense attorney Staci Visser attends a pretrial hearing for Tyler James Robinson, 23, who is charged with aggravated murder and six other counts in the Sept. 10, 2025, fatal shooting of Charlie Kirk at Utah Valley University, in 4th District Court, Friday, Oct. 23, 2026, in Provo, Utah.

Neiman noted that only about 5% of federal cases actually make it to trial and said the Kirk family would be happy to write to the federal judge and ask for the January trial to be rescheduled to clear up Robinson’s defense attorney.

Under Utah’s state constitution, victims and their representatives have a right to a speedy resolution to their case. Erika Kirk is the court’s designated victim’s representative.

Novak told the court that trial’s start date had been “set in stone” and argued against rushing things along in the case against Robinson.

charlie kirk at uvu before shooting, facing the crowd

Charlie Kirk speaks at Utah Valley University on September 10, 2025 in Orem, Utah. Kirk, founder of Turning Point USA, was speaking at his “American Comeback Tour” when he was shot in the neck and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)

“The reality is rushing to trial does not lead to closure, it does not lead to finality, it leads to mistakes,” he said.

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Graf expressed concern that if he does not set a date soon, additional conflicts could arise.

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Charlie Kirk's widow, Erika Kirk leaves court

Erika Kirk departs court in Provo, Utah, Monday, July 6, 2026. The widow of Charlie Kirk was attending the first day of preliminary hearings against Tyler Robinson. (Alec Thornock for Fox News Digital)

Neiman, who is primarily a criminal defense attorney, has repeatedly asked the court to speed things up.

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“Time is the defense’s best ally,” he said. “It’s their best friend.”

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He also noted that regardless of when the trial takes place, Charlie Kirk won’t be able to spend Christmas with his family.

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“Your honor, if you set it, it will happen,” Neiman said. “Set it, please.”

Graf set the next hearing for Monday, Nov. 9 at 1 p.m. MT, when he said he would read his ruling.

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