A Utah judge has ruled that the former romantic partner of the man accused of killing Charlie Kirk will not be required to testify in person during an upcoming preliminary hearing, allowing prosecutors to rely instead on previously recorded statements and other evidence.
Judge Tony Graf issued the decision Monday, concluding that Lance Twiggs, 22, who also goes by the name “Luna,” does not need to appear as a live witness at Tyler Robinson’s preliminary hearing scheduled for July 6.
The ruling means prosecutors may present Twiggs’ recorded interview and other evidence as they seek to establish probable cause to move the case toward trial.
Robinson, 23, has not entered a plea. He faces charges including aggravated murder, discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering, and commission of a violent offense in the presence of a child.
Prosecutors plan to rely on recorded statements
According to court filings cited by NBC News, investigators learned that Robinson exchanged numerous text messages with Twiggs during the 33 hours following the fatal shooting before Robinson surrendered to authorities.
Twiggs has not been charged in connection with the case and has cooperated with investigators.
Prosecutors allege that, in a recorded interview, Twiggs told authorities Robinson admitted carrying out the shooting, hid a weapon, disposed of clothing, and instructed Twiggs not to contact law enforcement.
They also intend to present text messages in which Robinson allegedly admitted responsibility for the shooting and a handwritten note prosecutors say Robinson left behind.
According to the filing, Robinson allegedly wrote that he “had the opportunity to take out Charlie Kirk” and was “going to take it.” Prosecutors also claim he sent messages stating he targeted the Turning Point USA founder because he “had enough of his hatred.”
One of the messages prosecutors plan to introduce reportedly states, “It was me at UVU yesterday. I’m sorry for all of this.”
Defense challenged the use of recorded evidence
Robinson’s attorneys argued that Twiggs should be required to testify in court so the defense could question the witness directly rather than allowing prosecutors to rely primarily on recorded statements.
Judge Graf rejected that request, finding the defense had not shown why live testimony was necessary at this stage of the proceedings.
According to KUTV, the judge noted that Utah law allows prosecutors to rely on reliable hearsay during preliminary hearings and emphasized that such hearings are intended only to determine whether sufficient probable cause exists for a case to proceed.
“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 wrote.
He added that questions about witness credibility are matters for a jury if the case ultimately goes to trial.
The judge also postponed a separate decision regarding the defense’s request to sanction prosecutors over public comments about ballistic evidence recovered during the investigation.
The case remains pending, with Robinson still awaiting his preliminary hearing as prosecutors continue pursuing the charges against him.
