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A former assistant U.S. attorney says Tyler Robinson's defense team is not only fighting to win Friday's rulings, it is laying the groundwork for a death penalty appeal, regardless of how a judge decides two consequential motions in the case of Charlie Kirk's alleged murder.
Judge Tony Graf will rule Friday at 3 p.m. local time on two defense motions, one seeking to delay Robinson's preliminary hearing, currently scheduled for May 18, and another to ban cameras in the courtroom altogether.
Former Assistant U.S. Attorney and criminal defense attorney Neama Rahmani told Fox News Digital that he believes these motions are part of the defense team's long-term game, intended to create issues that could be raised during the appeal.
“The defense is probably thinking that if they file these motions, whether to exclude cameras in the courtroom or to disqualify the Utah County Prosecutor's Office, they are creating potential problems 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 state and federal appeals judges will consider if he finds himself on death row.“
WHAT WILL TYLER ROBINSON'S DEFENSE STRATEGY BE? EXPERTS OPINION ON THE ACCUSED OF MURDER OF CHARLIE KIRK
Tyler Robinson and defense attorney Kathryn Nester sit in the Fourth District Court in Provo, Utah, on April 17, 2026, during a hearing in the case involving the shooting death of Charlie Kirk. (Trent Nelson/The Salt Lake Tribune)
He said it's more likely that Graf will decide to delay the preliminary hearing, but cautioned that it may not be delayed by six months, as Robinson's attorneys are requesting.
“I think it is more likely that the judge will grant the defense's request to continue with the preliminary hearing. And that's why, if they received hundreds of thousands of documents recently and need time to review them, the defendant has the right to a speedy trial. And the defendant has the right to waive that right,” he said. “Now, six months may be excessive. Perhaps the judge will continue this until a later date, weeks or months from now. But ultimately, if the judge refuses to grant that extension, it creates another problem on appeal.”
Charlie Kirk speaks at Utah Valley University on September 10, 2025, in Orem, Utah, shortly before his murder. (Trent Nelson/The Salt Lake Tribune/Getty Images)
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In January, Robinson's defense team filed a motion to exclude from the courtroom “television cameras and microphones, photographers, radio microphones and other similar instruments of electronic or broadcast media.” His defense team argued that the “highly sensational” media coverage threatens Robinson's due process rights and ability to empanel a jury.
TYLER ROBINSON'S DEFENSE ASKS COURT TO BAN CAMERAS FOR NEXT IN-PERSON HEARING
Tyler Robinson appears in Fourth District Court in Provo on April 17, 2026, during a hearing in the case involving the shooting death of Charlie Kirk. (Trent Nelson/The Salt Lake Tribune)
During a hearing in April, social psychologist Bryan Edelman, a witness called by the defense, said news coverage of Kirk's murder and Robinson's alleged involvement included “sensational” content.
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Cole Christiansen, an investigator for the Utah County Prosecutor's Office, argued that the media coverage “went both ways” and was not one-sided.
WATCH: Former US attorney explains why he thinks Tyler Robinson's defense team is playing the long game
“I think the tone went both ways. I think some of the tone was negative toward the prosecution and some of it was negative toward the defense. Some of it was negative toward Erika Kirk, and some of it was negative toward Charlie Kirk,” he said.
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“We strongly support open and transparent procedures in this case, so that the public has confidence in the process here,” Utah County Deputy Prosecutor Chad Grunander said during the April hearing. “Conspiracy theories abound. Questions are being raised and the best antidote to falsehood is the truth in accuracy. They are the real proceedings. And that is why we are in favor of opening this court and allowing cameras into the courtroom.”
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Tyler Robinson appears during a hearing in Fourth District Court in Provo on Tuesday, Feb. 3, 2026, related to the shooting death of Charlie Kirk. (Trent Nelson/The Salt Lake Tribune via Pool)
In late March, Robinson's lawyers asked Graf for a minimum delay of six months for the preliminary hearing, arguing that they are not able to review the “voluminous” files received by prosecutors for discovery, which are not yet complete.
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Robinson's attorneys said in an earlier filing that defense attorneys received more than 600,000 files from prosecutors during a March 12 meeting, which they say will take time to review. His defense team requested a delay of at least six months for the preliminary hearing, which is scheduled to begin on May 18.
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Charlie Kirk spoke at Utah Valley University in Orem, Utah, on September 10, 2025, during his “American Comeback Tour.” (Trent Nelson/The Salt Lake Tribune/Getty Images)
“The discovery in this case is incomplete, voluminous, and complex to process,” the defense team wrote.
One of the defense experts, a forensic biologist, said he would need six months to review the evidence.
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Robinson faces multiple charges after he allegedly killed Kirk, who founded TPUSA, on September 10, 2025, including aggravated murder. His charges are eligible for the death penalty.
Fox News Digital reached out to Robinson's attorney.
Fox News Digital's Stepheny Price contributed to this report.
