June 22 (UPI) — A judge in the Charlie Kirk murder case dismissed a motion Monday by attorneys to subpoena Tyler Robinson’s former romantic partner to testify in person at a hearing in July.
Robinson, 23, is accused of killing right-wing activist Kirk as he spoke at a university in Orem, Utah, last year. At the time, Robinson lived with Lance Twiggs, whom the attorneys sought to subpoena.
Prosecutors moved to quash the subpoena and said they intend to use a recorded interview and messages between Twiggs and Robinson. Twiggs, who is considered a material witness, allegedly received several text messages from Robinson on the day Kirk was shot.
The defense said Twiggs should testify because the conversations between Twiggs and Robinson are being used as the basis for seeking the death penalty, KTVX-TV reported.
Judge Tony Graf Jr. denied the subpoena without prejudice, which means it could be filed again.
“The defendant has failed to identify specific anticipated testimony that is reasonably likely to negate probable cause as distinguished from anticipated impeachment that would merely create competing credibility interferences,” Graf said, KTVX-TV reported.
The judge also denied a motion by Robinson and his attorneys to exclude hearsay evidence during the preliminary hearing.
Graf said the Utah constitution allows the state to rely on reliable hearsay to establish probable cause, NBC News reported. He said “a relaxed application of defendants’ constitutional rights” at a preliminary hearing is appropriate.
“Although the preliminary hearing is a critical stage of the criminal process, it is not a trial and does not involve a determination of guilt or innocence,” Graf said.
Robinson’s next court appearance is planned for Friday.
Kirk, who was the founder of Turning Point USA, was shot and killed Sept. 10, 2025, at Utah Valley University. Robinson turned himself in a day later. He has not entered a plea.
He faces charges of felony aggravated murder, felony discharge of a firearm causing serious bodily injury, two counts of felony obstruction of justice, two counts of witness tampering and commission of a violent offense in the presence of a child. Prosecutors have said they will seek the death penalty.
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