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Judge Allows Hearsay and Denies Subpoena in Charlie Kirk Case

Permitting prerecorded testimony and texts at the preliminary hearing makes it easier for prosecutors to meet the lower probable‑cause standard.

Overview

  • Judge Tony Graf on Monday denied the defense request to subpoena Lance Twiggs to testify in person and ruled that hearsay may be used at the July 6–10 preliminary hearing to establish probable cause.
  • Prosecutors told the court they will present a recorded interview of Twiggs, text messages, a handwritten note Robinson gave Twiggs, and other corroborating evidence instead of live testimony.
  • Authorities reportedly granted Twiggs limited immunity for his statements to investigators, which prosecutors say supports their use of prerecorded material at the early-stage hearing.
  • Graf postponed a decision on whether prosecutors violated a court publicity order with media comments about a ballistics report and will consider on Friday whether contempt sanctions could include removing death-penalty eligibility.
  • Under Utah law a preliminary hearing only needs probable cause and allows reliable hearsay, the judge barred personal electronics in the July hearing, and the rulings keep the case moving toward a trial phase that could carry capital exposure.