Alleged Charlie Kirk assassin wins small legal victory amid murder trial

Tyler Robinson has been awarded a small victory ahead of his trial next year.

Robinson, 22, was arrested on aggravated murder charges on 12 September following the assassination of Donald Trump ally, Charlie Kirk.

Right-wing activist Kirk was speaking at Utah Valley University when he was fatally shot in the neck. A nationwide manhunt then ensued, and Robinson was arrested two days after Kirk's killing.

A motive for Kirk's killing is yet to be determined by authorities. However, following Robinson's arrest, officials released the text messages exchanged between the 22-year-old and his roommate, with the FBI claiming they'd discovered his DNA at the scene of Kirk's death.

Utah County prosecutors have also made it clear that they intend to file for the death penalty should Robinson be found guilty.

He's now being held without bail in a special housing unit at the Utah County Jail and recently made a request to the judge.

Charlie Kirk was assassinated on September 10 (Joe Raedle/Getty Images)

In a court filing, which was discussed in a hearing on October 27, Robinson's legal team requested that he be able to wear civilian clothes and have his shackles removed when appearing in court.

The 22-year-old appeared via video link and only spoke a few words to the judge, who asked if he could hear the proceedings. "Yes I can," Robinson responded.

Robinson's legal team argued that it could jeopardise Robinson's trial if the jury only sees him in prison uniform and used now-convicted Idaho murderer Bryan Kohberger as an example of someone who was allowed to wear formal attire in court.

During the hearing, Judge Tony Graf acknowledged that it is a high-profile case but Robinson's 'presumption of innocence remains'.

"Balancing these factors, the court finds that Mr Robinson's right to the presumption of innocence outweighs the minimal inconvenience of permitting civilian attire," Judge Graf said.

But given the severity of the charges Robinson is facing, Judge Graf ruled that he should still be restrained during his court appearances. Robinson can, however, have the 'least restrictive' option.

Explaining the reasoning for his decision, Judge Graf said: "The safety of Mr Robinson, the attorneys, court staff, and the public must remain the court's highest priority.

"The emotional nature of these proceedings also raise the risk of disruption. Given these factors, the defendant's request to appear without restraints is denied."

22-year-old Tyler Robinson is facing aggravated murder charges following the death of Charlie Kirk (Office of Utah Governor)

Graf's decision comes after Robinson's team argued in the filing that allowing Robinson to wear civilian clothing would be a 'minor inconvenience compared to the already present concerns with securing a fair trial before an impartial jury'.

"With each development in the case generating thousands of articles and comments online, the likelihood of potential jurors seeing and drawing conclusions regarding Mr. Robinson’s guilt and or deserved punishment from obvious signs of pretrial incarceration will only increase," the filing continued.

"Given the pervasive media coverage in this case, the repeated and ubiquitous display of Mr. Robinson in jail garb, shackles, and a suicide vest will undoubtedly be viewed by prospective jurors and will inevitably lead to prosecutive juror perception that he is guilty and deserving of death."