By MATTHEW BROWN
A Utah judge on Monday ordered the release of transcripts from a closed-door hearing in October over whether the man charged with killing Charlie Kirk must be shackled during court proceedings.
State District Judge Tony Graf said the transcript must be posted on the court docket by the end of the day. Attorneys for media outlets including The Associated Press had argued for details of the closed hearing to be made public.
Prosecutors have charged Tyler Robinson with aggravated murder in the Sept. 10 shooting of the conservative activist on the Utah Valley University campus in Orem, just a few miles north of the Provo courthouse. They plan to seek the death penalty.
Defense attorneys for Robinson in early October requested that he be allowed to appear in court in civilian clothes and without restraints, to prevent any bias against him among potential jurors.
Days after an Oct. 24 closed door hearing on the matter, Graf ruled that Robinson could appear in civilian clothes but must wear restraints. Utah court rules require defendants who are in custody to be restrained unless otherwise ordered.
Graf wrote in an Oct. 27 order that restraints for Robinson would protect the safety of court staff and the defendant, by allowing him to be quickly secured if court proceedings were disrupted.
But the judge said Monday that public transparency was “foundational” to the judicial system before ordering details of the closed hearing to be released. The judge ordered limited redactions to remove discussions of security protocols in the closely watched case.
Graf also ordered the release of an audio recording of the hearing, again with redactions.
Lawyers for the media wrote in recent filings that an open court “safeguards the integrity of the fact-finding process” while fostering public confidence in judicial proceedings. Criminal cases in the U.S. have long been open to the public, which the attorneys argued is proof that trials can be conducted fairly without restricting reporters.
Graf has said in a separate order that Robinson’s restraints could not be shown by media outlets that publish photographs of court proceedings or broadcast them.
Graf briefly stopped a media livestream of a hearing earlier this month and ordered the camera be moved after Robinson’s attorneys said the stream showed the defendant’s shackles.
Robinson was not present in court Monday but appeared via audio link from the Utah County Jail.
A preliminary hearing, where prosecutors will lay out their case against him, is scheduled for the week of May 18.
