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Charlie Kirk was the Founder and President of Turning Point USA, which he built into the largest and fastest growing conservative youth activist organization in the country, with over 250,000 student members, over 150 full-time staff, and a presence on over 2,000 high school and college campuses nationwide. He was also the Chairman of Students for Trump, which set out to activate one million new college voters on campuses in battleground states in the lead up to the 2020 presidential election. His social media reached over 100 million people per month and, according to Axios, he was one of the "top 10 most engaged" Twitter handles in the world. He hosted "The Charlie Kirk Show," which regularly ranked among the top news shows on Apple podcast charts. He was assassinated at Utah Valley University on 10 September 2025.
Career Prosecutor Jay Town Analyzes Tyler Robinson's Preliminary Hearing and Defense Strategy
Former U.S. Attorney Jay Town dissects the preliminary hearing for Tyler Robinson, accused in the murder of Charlie Kirk. Town explains why the defense's decision not to waive the hearing is surprising given overwhelming evidence, how their constant objections reveal fear of the case against their client, and what trial tactics we can expect. Town also discusses how preliminary hearings work, what evidence is admissible, and why this week's proceedings could actually make the defendant appear more guilty to potential jurors.
Former U.S. Attorney Jay Town shared his analysis of the ongoing preliminary hearing for Tyler Robinson, who stands accused of murdering Charlie Kirk at a Utah Valley University (UVU) event. Town, a career prosecutor with extensive courtroom experience, found several aspects of the defense's approach puzzling and potentially counterproductive.
According to Town, the defense team made a surprising tactical choice by not waiving the preliminary hearing, especially given that they have already received all evidence from the prosecution. In cases where evidence is overwhelming, defense attorneys typically waive preliminary hearings to avoid publicly airing damaging information before trial. By proceeding with the hearing, the defense has allowed the world to witness the full scope of evidence against their client.
Objections as a Delay Tactic
Throughout the hearing, the defense has objected to virtually every exhibit presented by the prosecution, primarily on grounds of foundation. Town explained that these objections are largely futile in a preliminary hearing, where rules of evidence are relaxed and hearsay is admissible. For example, when prosecutors sought to authenticate photographs taken by witnesses, the defense objected despite the fact that anyone familiar with a location can authenticate a photo of that location as a fair and accurate depiction.
Town suggested that this pattern of constant objections serves multiple purposes for the defense. First, it creates a detailed record for potential appeals, which may be the defendant's only hope given the strength of the evidence. Second, it makes the proceedings as laborious as possible, perhaps hoping to break the will of the prosecution or create grounds for reversible error. However, Town warned that if this strategy continues at trial, jurors will likely find it tedious and develop a negative view of the defense.
Evidence Overview
The prosecution has compiled an extensive list of exhibits for the hearing, including:
Drone imagery of UVU
Photos of the screwdriver and sniper perch
Multiple videos of the shooting from different angles, including footage from behind Charlie Kirk and the questioner
Photo of the rifle discovered in the bushes
Medical examiner's report
UVU surveillance footage
Doorbell camera recordings
Recorded statement from Lance Twiggs
Town noted that much of this evidence will be admitted as a matter of routine procedure. The medical examiner's report, for instance, simply establishes that Charlie Kirk died from a gunshot wound and that his death was ruled a homicide. With no rules of evidence restrictions at the preliminary hearing, even hearsay testimony from police officers about conversations with witnesses is admissible.
Testimony from UVU Police Officer
During the hearing, UVU Police Officer Chris Bagley provided crucial testimony about the moments surrounding the shooting. Bagley testified that he heard a distinct gunshot and simultaneously witnessed Charlie Kirk's reaction as he fell to the left. The officer described how he immediately recognized the sound as gunfire based on his training and experience, noting that rifles produce distinctly different sounds than pistols.
Following the shot, Bagley observed the crowd's panicked reaction as attendees screamed and ran in all directions away from the center of the tent. As a police officer helping to secure the area, Bagley testified that he immediately left his post at the south end of the Hall of Flags to respond to the emergency.
Possible Defense Strategies
When asked about potential defense strategies, Town acknowledged that all options available to the defense are essentially "losers" given the overwhelming evidence against Robinson. With conviction appearing inevitable, the defense may be attempting various approaches to see what might stick, either for purposes of appeal or to taint the jury pool sufficiently that finding impartial jurors becomes impossible.
Town speculated that the defense might be banking on the internet's propensity for conspiracy theories, hoping that prolonged media coverage might cultivate enough "tinfoil hat" theorists in the jury pool to secure a hung jury or mistrial. However, he emphasized that the prosecution will have a team scrubbing social media and chat rooms to identify such individuals during jury selection.
Timeline and Expectations
The preliminary hearing is expected to last approximately a week, with full days scheduled except for Wednesday, which will be a half day. However, Town suggested that if the judge allows proceedings to move efficiently, the prosecution could potentially finish presenting their evidence by the end of the current day or early the following morning, given that most exhibits are being admitted as a formality.
The extended timeline is primarily due to the defense's repeated objections and attempts to slow the process. Town indicated that if he were the prosecutor in this situation, he would no longer pull any punches, instead presenting every piece of evidence in the most comprehensive manner possible to demonstrate the defendant's guilt beyond any reasonable doubt.
Jury Selection Challenges Ahead
Town acknowledged that finding an impartial jury in Utah will present unique challenges. The prosecution will need to identify twelve individuals who haven't formed strong opinions about Tyler Robinson's guilt while also excluding conspiracy theorists who might be susceptible to alternative explanations of the crime. Additionally, in the conservative and religious state of Utah, finding jurors who can support the death penalty may prove difficult, though Town noted that in his home state of Alabama, juries regularly overcome such reservations when justice demands it.
