Erika Kirk Demands Access To Evidence In New Court Filing

The attorney representing Erika Kirk and the parents of assassinated Turning Point USA founder Charlie Kirk asked the judge on Thursday to require that all of the evidence admitted in court be visible to everyone in the courtroom.

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During the preliminary hearing that began earlier this week, multiple pieces of evidence have not been shown to the entire courtroom as the judge determines whether the case against Tyler Robinson will proceed to trial. Judge Tony Graf Jr. has allowed some videos to be played on a large screen in the courtroom, but other pieces of evidence, including an alternate angle of the shooting, have been viewed only by the judge and attorneys on their computer monitors. Audio from the redacted videos played aloud for those in attendance.

“The Victim’s Family’s position is simple. At a minimum, every exhibit entered into evidence during the preliminary hearing must be visible to every person lawfully present in the courtroom,” Attorney Jeffrey Neiman, who represents Erika Kirk and Charlie Kirk’s parents, argued in a court filing read.

“To receive evidence in a manner shielded from those seated in the courtroom – as happened today – is not transparency,” the filing continued. “And 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, breeding doubt and distrust in the judicial system. This is not what anyone should want.”

Robinson’s attorneys argue certain videos could obstruct Robinson’s right to a fair trial.

“We think this video is going to play a big role in the trial, and to allow the public to see it now would seriously impact our ability to get a fair trial,” said Robinson’s defense attorney Kathryn Nester.

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Parts of an interview with Lance Twiggs, Robinson’s transgender partner, were also withheld from public view after defense attorneys argued prosecutors intended to use the clips as evidence of a confession.

“We are very concerned that the publication of what the state will call confessions at trial violates Mr Robinson’s due process rights,” Robinson’s lawyer argued. The Kirk Family’s lawyer countered, “To not be transparent here, to not be open, to not let the world see what happened will create doubt ​and distrust in the judicial system.” 

Judge Graf said he would reconsider showing the recording in its entirety if the case proceeds to trial. The partially redacted video will be shown in court on Thursday marking the first time the entire courtroom will hear the audio from Twiggs. According to prosecutors, Robinson was living with Twiggs at the time of the shooting and sent Twiggs a text message that appeared to be a confession to murdering Kirk, writing that he had “had enough of his hatred.”

According to court testimony, Robinson programmed an automated text message to be sent from his phone, instructing Twiggs to “Drop what you are doing, look under my keyboard.” Prosecutors also say Robinson wrote a letter to Twiggs, whom he referred to as “Luna.” The letter allegedly stated, “Luna, if you are reading this per my text, then I am so sorry. I left the house this morning on a mission, and sent an auto text. I am likely dead or facing a lengthy prison sentence. I had the opportunity to take out Charlie Kirk, and I took it.”

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Prosecutors are seeking the death penalty for Robinson.