Erika Kirk's legal team is asking a Utah judge to block the delay of Tyler Robinson's trial until 2029 and warns that it would exacerbate the harm to the family
Charlie Kirk's children were three and one years old when their father was murdered. If the trial is delayed until 2029, as the defense proposes, they would be seven and five years old when the sentence is handed down.
The widow of conservative activist Charlie Kirk has asked a judge in Utah to reject the defense's proposal—made by Tyler Robinson, the 23-year-old accused of murdering Kirk at Utah Valley University—to hold the trial in the third quarter of 2029, and to set a date in 2027. His legal team argues that a delay of nearly four years would exacerbate the harm to the family and violate the victims' right to a resolution without undue delay.
Positions on the timeline
According to the defense's memorandum, cited by Fox News, Robinson's attorneys propose beginning the trial in the third quarter of 2029. They argue that setting a firm date now would be "false precision" and could compromise their client's constitutional rights in a case where the death penalty is a possibility.
The defense argues that there is still a great deal of work to be done before the trial. They must review all the evidence, file pretrial motions through 2029, and prepare for a particularly complicated jury selection process due to the extensive media coverage of the case. In addition, they estimate that the trial itself, once it begins, would last between six and seven months.
"From the defense's perspective, being assigned to a capital case entails a series of responsibilities that do not exist in any other context," the defense brief states.
The Utah County District Attorney's Office, on the other hand, estimates that it will be ready for trial on October 4, 2027, although it proposes delaying the start until January 31, 2028, to prevent the proceedings from extending into the Thanksgiving and Christmas holidays. The prosecution anticipates a trial lasting about 17 weeks.
Erika Kirk's response
Fox News reported that in a motion filed Thursday, Erika Kirk's attorneys described the schedule proposed by the defense as "grossly disproportionate" compared to similar cases and requested that the trial begin as early as possible in 2027.
The attorneys argue that every delay prolongs the suffering of Charlie Kirk's two young children, who were three and one years old when the murder occurred and would be seven and five years old by the time a verdict is reached under the schedule advocated by Robinson. They are also requesting monthly progress reports or follow-up hearings to prevent unnecessary delays.
Kirk's representatives are invoking Utah law, which grants victims the right to a swift resolution of the charges without undue delay.
A potential civil lawsuit against the university
The debate over the court schedule is taking place alongside a separate legal proceeding. Kirk's family filed a notice of intent to sue in September against Utah Valley University, the state, and several university officials for alleged security failures prior to the murder. This is a notice of intent, not a formal lawsuit.
According to that document, the family's attorneys argue that the university failed to conduct an adequate risk assessment, did not develop a written security plan, and did not hold a pre-event briefing with security personnel. They also question why the event, which drew some 3,000 attendees, had only six campus police officers on duty.
The notice further states that the family had warned of potential risks related to access to rooftops near the stage and that campus cameras were not monitored in real time. Any potential civil lawsuit would have to prove that the university was aware of a specific risk, failed to fulfill its safety obligations, and that this failure was directly related to Kirk's death.
A case with a potential death penalty
The charges also include discharging a firearm resulting in serious injury, two counts of obstruction of justice, two counts of witness tampering, and a misdemeanor for committing a violent act in the presence of a minor. The prosecution is keeping open the possibility of seeking the death penalty if a conviction is handed down.
Judge Graf plans to review the scheduling proposals from both sides this Friday at a hearing in Provo and may set a trial date. For now, there is no official date.
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