Judge Issues Decision On Erika Kirk’s Demand For More Transparency In Court

Judge Tony Graf Jr. denied a request from Erika Kirk and her late husband’s parents, saying that he would not display in open court all of the evidence in the assassination of the late Turning Point USA founder Charlie Kirk.

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Graf said that the court would weigh evidence on a case-by-case basis, and that only some would be displayed in the gallery for all of those present at the hearing.

“The court has considered the request that exhibits be displayed in real time to the courtroom. After careful consideration, the court determines that not all exhibits will be visually displayed to the gallery and notes that it will use a tiered method as described first, whether it will be admitted to the court for consideration as it relates to probable cause. Second, whether it will be displayed only to the gallery, and third, if it will be published through the camera, to the public at large,” Graf said.

In a win for the Kirk family and the prosecution, Graf also agreed that several key pieces of evidence — specifically text messages and Discord messages — could be released to the public, despite objections from the defense.

As the preliminary hearings continue for Tyler Robinson, the man accused of murdering Kirk last September at Utah Valley University, the Kirks submitted a filing through attorneys on Thursday. In it, they claimed that the victims of crimes — in addition to being allowed to be present in the courtroom during proceedings — should be allowed to see the evidence presented in open court.

“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,” the court filing read, noting that the family had waited months for the hearing to begin — and then, upon their arrival, found that they’d be unable to view some of the evidence.

Read more Erika Kirk Demands Access To Evidence In New Court Filing

WATCH: Tyler Robinson Preliminary Hearing

“To receive evidence in a manner shielded from those seated in the courtroom – as happened today – is not transparency. 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.”

The filing went on to argue that the family’s guaranteed right to be present in the courtroom and to observe the court proceedings carried no real weight if they were not also able to see the evidence that was being presented.

“The right ‘to be present’ is hollow if the victim or his representative is physically in the room but is prevented from seeing the evidence the Court is receiving. A right to attend that does not include the ability to perceive what is happening is not meaningful presence at all,” the filing explained.

NEW: Erika Kirk’s attorney claims in a new court filing that after waiting ten months for the preliminary hearing, Erika and Charlie Kirk’s parents have been denied the ability to meaningfully observe evidence in court pic.twitter.com/YfBTsaQ0s6

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— Matt Finn (@MattFinnFNC) July 9, 2026