Judge says roommate of Charlie Kirk murder suspect won't testify in person at preliminary hearing

A Utah judge has denied a defense request to compel the former roommate of a murder suspect to testify in person at a preliminary hearing. Judge Tony Graf stated that the purpose of such a hearing is to determine if enough evidence exists to proceed to trial, not to decide guilt or innocence. The judge added that the credibility of any testimony can be challenged later in the process.

The defense team for the suspect, Tyler Robinson, had sought the roommate's in-person testimony, arguing it was necessary for Robinson to exercise his right to confront witnesses. Robinson, 23, is charged with aggravated murder in the Sept. 10 killing of Charlie Kirk, an ally of former President Donald Trump. Prosecutors allege DNA consistent with Robinson's was found on the murder weapon and ammunition. Defense attorneys have pointed to forensic reports indicating the presence of multiple DNA profiles on some items.

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The Utah Supreme Court has repeatedly emphasized that a preliminary hearing is not a trial on the merits, but a gateway to the finder of fact.

Separately, Judge Graf postponed a ruling on whether prosecutors could face sanctions for comments made to the media regarding a bullet fragment recovered from Kirk's body. The defense had asked the judge to block the death penalty, claiming the prosecutors' remarks could prejudice potential jurors. The ruling on sanctions is expected Friday. Robinson has not yet entered a plea.

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The task of determining whether a witness is credible is a job for the jury if the case goes to trial.