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Tyler Robinson hearing ends without trial date set, prompting fiery plea from Erika Kirk's lawyer

PROVO, Utah — Tyler Robinson, the 23-year-old Utah man accused of assassinating Charlie Kirk at a Turning Point USA event last year, still doesn't have a trial date after a Utah judge listened to oral arguments from both sides — and a lawyer for Kirk's widow — about how much time they think they'll need and when they'd like to start.

Robinson, wearing a light gray suit, uncuffed and unshackled, did not address the court. He spoke quietly with attorneys Richard Novak, Kathy Nester and Staci Visser during breaks, at one point handing Visser a note.

Judge Tony Graf Jr. said he had planned to set a trial date at the end of the hearing but needed more time after questioning both sides about their expected timelines and commitments in previously scheduled trials on other cases.

Jeffrey Neiman, an attorney for Kirk's widow, Erika, pleaded with the court to speed things up. Robinson did not enter a plea until last month, nearly a year after being charged. 

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"Every day of delay adds to uncertainty, invites speculation and that erodes confidence in this system," Neiman said at one point. 

The roughly three-hour hearing included several interruptions due to technical difficulties with WebEx, with Robinson defense attorney Michael Burt and an attorney for Kirk's parents, Robert and Kathy, attending remotely.

Utah County prosecutors had floated Jan. 31, 2028, as their preferred trial date but said they could be ready in October 2027.

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Visser said that pretrial litigation "builds upon itself," and given that there are over 31,000 pieces of discovery and "8 million" artifacts of digital evidence, lawyers will need time to file motions to compel, file subpoenas, etc.

"Discovery review is foundational," she said. "It impacts everything else."

As a result, she said, the state’s proposed January 2028 trial is "not practical."

The defense had asked for a "soft target" date in the third quarter of 2029, citing large amounts of discovery and other trial preparations — as well as trial commitments in other cases. Among those, one directly conflicted with the prosecution's desired start date, a federal racketeering case defense attorney Novak has scheduled for Jan. 10, 2028.

Both sides agreed that setting a trial that would run through the holidays could put potential jurors and witnesses in a bind.

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"Justice delayed this long stops being justice for the Kirk family," Neiman said.

Neiman noted that only about 5% of federal cases actually make it to trial and said the Kirk family would be happy to write to the federal judge and ask for the January trial to be rescheduled to clear up Robinson's defense attorney.

Under Utah's state constitution, victims and their representatives have a right to a speedy resolution to their case. Erika Kirk is the court's designated victim's representative.

Novak told the court that the trial's start date had been "set in stone" and argued against rushing things along in the case against Robinson.

"The reality is rushing to trial does not lead to closure. It does not lead to finality. It leads to mistakes," he said.

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Graf expressed concern that if he does not set a date soon, additional conflicts could arise.

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Neiman, who is primarily a criminal defense attorney, has repeatedly asked the court to speed things up.

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"Time is the defense’s best ally," he said. "It’s their best friend."

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He also noted that, regardless of when the trial takes place, Charlie Kirk won't be able to spend Christmas with his family.

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"Your honor, if you set it, it will happen," Neiman said. "Set it, please."

Graf set the next hearing for Monday, Nov. 9 at 1 p.m. MT, when he said he would read his ruling.

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Trump says judge is 'desecrating' Charlie Kirk's memory amid fight over assassination trial date

PROVO, Utah – President Donald Trump criticized the judge overseeing Charlie Kirk's assassination case in Utah on Friday, saying he's doing a "terrible job."

"The judge in the Charlie Kirk case is doing a terrible job! This case should be tried within a month, not three years — and it should be over with! The judge is desecrating the memory of the Great Charlie Kirk, while taking forever to ask questions that people already know the answer to. The whole Country is mocking him and our 'Legal' System. JUSTICE FOR CHARLIE!" Trump wrote in a Truth Social post.

Trump's comments come after Tyler Robinson's defense team proposed a tentative trial start date in the third quarter of 2029.

In a court filing, Robinson's defense team cited the large volume of unreviewed evidence and the complexities of jury selection as justification for the proposed timeline. 

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His defense team argued that setting a firm trial date now would create a "false precision" and could jeopardize Robinson’s constitutional rights, stressing that the death penalty case requires heightened consideration because, as they argued, "death is different."

"From the point of view of defense counsel, appointment to a capital case brings with it a slew of responsibilities that apply in no other context," the defense memorandum states.

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Robinson’s attorneys argued that they must review evidence related to both his guilt and potential sentence before trial, making it premature to set a firm trial date.

"It will create unrealistic expectations for the public and the victim's representative, it may cause counsel for both parties to give short shrift to constitutionally required activities, it may rush this Court to deliberate upon and enter rulings on important and complex pretrial motions, and it may jeopardize Mr. Robinson's right to a capital proceeding that has the utmost reliability," the defense stated.

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Prosecutors said they expect to be ready for trial by Oct. 4, 2027.

Erika Kirk asked the court to schedule a trial for the earliest practicable date in 2027, saying Robinson's legal team's proposed timeline is "grossly out of line" with comparable cases.

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"Every additional day of delay carries the weight of all that Charlie's murder has taken from his family, especially his two young children who were just three and one year old when their father was murdered and would be seven and five years old by the time a verdict is handed down under the Defense's proposed schedule," the filing said.

WATCH: Tyler Robinson’s lawyers want 2029 trial to ‘avoid the inevitable,’ former prosecutor says

Former federal prosecutor Fred Tecce told Fox News Digital that he thinks Robinson's team pushing for a 2029 trial is a delay tactic.

"There's a legal term. It's called kick the can down the road. It is just done for the purposes of delay and I think it's wholly inappropriate," Tecce said. "Society has a right to have these things adjudicated quickly, honestly, openly and by the rules and regulations."

"It is the job of a defense lawyer to delay and obfuscate," he said.

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Robinson was due in court on Friday afternoon.

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