Charlie Kirk assassination: legal expert unpacks defense challenges and why evidence secrecy could be crucial

PROVO, Utah – As the high-profile capital murder case against Tyler Robinson, the alleged assassin in the murder of Turning Point USA founder Charlie Kirk, continues to unfold, a legal expert is offering insight into the emerging defense strategy and the complex legal battle ahead. 

Randall Spencer, a veteran criminal defense attorney familiar with homicide cases, discussed with Fox News Digital the confidential nature of the evidence, potential legal strategies, and why Robinson has remained out of public view since his first court appearance.

Spencer stressed the importance of maintaining confidentiality to safeguard Robinson’s right to a fair trial, despite widespread public attention.

“There needs to be an element of confidentiality of the evidence in order to protect the jury pool,” Spencer stated. “If the prosecutor or the defense is leaking quote-unquote evidence to the public… that may inhibit Tyler’s right to a fair trial.”

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He explained that the goal of pretrial secrecy is to prevent potential jurors from forming opinions based on incomplete or unofficial information.

While it’s too early to know exactly which direction Robinson’s legal team will take, Spencer outlined a few possibilities.

“There perhaps could be a factual innocence defense being raised indicating that Tyler wasn’t actually the shooter,” he said. “Probably more likely the defense… is addressing the aggravating factor… whether the defendant’s alleged actions had a high probability of causing the death of someone other than Charlie Kirk.”

Such a strategy could reduce the charge from capital homicide to standard murder — a significant difference in potential sentencing, he noted.

Spencer also said the defense may challenge how evidence was collected early in the investigation.

“Some evidence in the zeal of the police to work quickly may have been gathered without ensuring that the warrants were properly received,” he said.

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With multiple state and federal agencies involved in the investigation, the defense faces a daunting amount of discovery, Spencer said.

“There were literally hundreds and hundreds of law enforcement officers, both at the state and federal level, working on the case, and each of them, to one degree or another, generated a report that the defense is going to need to review,” he said. 

He added that even seemingly minor materials must be evaluated.

“Evidence doesn’t necessarily mean something critical to guilt or innocence,” Spencer said. “Even a brief witness contact must be reviewed for context.”

Robinson’s absence from public court appearances has raised questions, but Spencer says the decision likely comes down to optics.

“At that first initial appearance, you saw that he appeared and he had on the suicide-prevention robe or gown… and that’s not a real flattering look,” Spencer explained. “My suspicion is that the defense didn’t want that image to be the one continuing to be broadcast throughout the world.”

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He said protecting a defendant’s image early in a high-profile case can be crucial. 

“You’ve got to start from the beginning to do all that you can to protect the public image of your client… every action is going to be scrutinized,” Spencer said. 

In capital cases, defense teams typically begin mitigation work immediately, Spencer said, gathering background information that could humanize the defendant if the case reaches sentencing.

“The defense will start immediately in preparing a mitigation defense. And that will almost certainly include hiring a mitigation expert,” he said. 

He explained that mitigation experts investigate every detail of a defendant’s life.

“These experts conduct deep investigations into the defendant’s life, going back as far as birth, looking for trauma, mental health issues, or abuse that could help humanize the defendant to a jury,” he said. 

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“Something else that’s pretty common in mitigation cases is looking at how the defendant was treated by others… Was the defendant bullied throughout his life and pushed to the point of boiling over, so to speak?”

High-profile cases often unfold in the court of public opinion, and Spencer said being aware of that sentiment is a vital part of preparation.

“When I’ve handled high-profile cases in the past, I’ve wanted to have an idea of what the public is saying so that I could understand my jury pool,” he explained. “Even though it’s been painful sometimes to read what people are saying about a case, I think it’s important… to help them craft their arguments in a way that will be best received.”

As for when the jury selection process begins, Spencer noted it’s still early. 

“Right now, we are in a little bit of a waiting game,” he said, referencing the upcoming preliminary hearing, which will determine if the case moves forward to trial.

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Spencer believes the defense may ask to move the case out of Utah County to ensure an impartial panel.

“I foresee a possibility that the defense may say that this homicide happened in Utah County… and therefore… argue that we need to change the venue of this case,” he said.

“I’m certain that there will be a motion to change venue. Whether the judge will grant it or not is another question.”

As the case develops, Spencer emphasized that every decision — from evidence handling to media strategy — will be closely examined.

“This case is obviously a very high-profile case and so every action is going to be scrutinized,” he said. “I think that the defense is doing a good job in trying to protect their client in every way that they can.”

Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to [email protected].