Prosecutors, attorneys for news organizations, and Kirk’s widow urged state District Judge Tony Graf to keep the proceedings open.
“In the absence of transparency, speculation, misinformation, and conspiracy theories are likely to proliferate, eroding public confidence in the judicial process,” Erika Kirk's attorney wrote in a Monday court filing. “Such an outcome serves neither the interests of justice nor those of Ms. Kirk.”
Prosecutors intend to seek the death penalty for Robinson, 22, who is charged with aggravated murder in the Sept. 10 shooting of Kirk on the Utah Valley University campus in Orem. An estimated 3,000 people attended the outdoor rally to hear Kirk, a co-founder of Turning Point USA, who helped mobilize young people who believe in traditional values.
Prosecutors acknowledged the intense public interest surrounding the case but said that does not permit the court to compromise on openness. They said the need for transparency transcends Robinson's case.
“This case arose, and will remain, in the public eye. That reality favors greater transparency of case proceedings, not less,” Utah County prosecutors wrote in a court filing.
Defense attorneys are seeking to disqualify local prosecutors because the daughter of a deputy county attorney involved in the case attended the rally where Kirk was shot. The defense alleges that the relationship represents a conflict of interest.
In response, prosecutors said in a court filing that they could present videos at Tuesday's hearing to demonstrate that the daughter was not a necessary witness since numerous other people recorded the shooting.
Among the videos, prosecutors wrote, is one that shows the bullet hitting Kirk, blood coming from his neck and Kirk falling from his chair.
