Fourth District Judge Tony Graf took the bench for the first time in his new role less than two months ago. Now he\u2019s overseeing one of the most high-profile criminal cases in the country. <\/p>\n
And at the end of a brief hearing Monday in Provo for Tyler Robinson, accused of fatally shooting conservative activist Charlie Kirk<\/a>, the new judge paused to make a pledge about how he will handle the proceedings in the spotlight.<\/p>\n Kirk\u2019s slaying on Sept. 10 has fueled political tensions across the nation, with President Donald Trump hailing him as a Christian \u201cmartyr\u201d<\/a> as others \u2014 including temporarily suspended late-night talk show host Jimmy Kimmel<\/a> \u2014 have criticized the administration\u2019s response or debated Kirk\u2019s legacy. <\/p>\n Robinson, 22, is charged with aggravated murder, which carries a potential death penalty, and other counts in Kirk\u2019s death at Utah Valley University.<\/p>\n In future hearings, the judge intends \u201cto only speak when I\u2019m needed or it is necessary,\u201d he said. \u201cBut today,\u201d Graf added, \u201cI wish to provide guidance and expectations that you can have from this court.\u201d<\/p>\n Going forward, \u201cMr. Robinson\u2019s constitutional rights will be protected at every stage,\u201d the judge vowed. \u201cHe sits before this court presumed innocent and that presumption remains unless and until each element of every offense charged against him is proved beyond a reasonable doubt.\u201d<\/p>\n (Scott G Winterton | Pool) Tyler Robinson, 22, charged in the shooting death of Charlie Kirk, appears by camera before Judge Tony Graf in Utah’s 4th District Court on Tuesday, Sept. 16, 2025 for his initial appearance.<\/p>\n \u201cAt the same time, and as applicable, victims are entitled under our constitution to be treated with fairness, respect and dignity, free from harassment or abuse. Justice demands that both of those principles, the rights of the accused and the right of the victim, be honored without compromise.<\/p>\n \u201cI remain steadfast in my oath that I made 56 days ago to support and defend the constitution of the United States and of Utah.\u201d<\/p>\n<\/p>\n Graf vowed to carry out his duties \u201cwith fidelity, transparency and impartiality, treating every person who appears before me with the dignity and respect they are inherently due because they are human beings.<\/p>\n \u201cLet me be clear: I will not put my finger on the scale of justice. These proceedings will be open to the public, conducted in accordance with the law, and handled with diligence and competence to ensure that justice is never compromised.\u201d<\/p>\n Regardless of who is watching, he told the prosecutors and defense attorneys in the case, \u201cwhether it is the nation or a single individual, we must fulfill our roles with integrity, civility and diligence. <\/p>\n \u201cI encourage each of you to give your very best to this case. Neither Mr. Robinson nor the people of Utah deserve anything less than the fair and impartial administration of justice.\u201d<\/p>\n \u2018Voluminous\u2019 evidence has been gathered <\/p>\n As his court hearing took place, Robinson was listening via a video feed from the Utah County jail in nearby Spanish Fork but his camera was turned off.<\/p>\n He has been in the jail since he was arrested two days after police say he fatally shot Kirk in front of thousands of people at Utah Valley University. <\/p>\n (Trent Nelson | The Salt Lake Tribune) Charlie Kirk appears at Utah Valley University in Orem on Wednesday, Sept. 10, 2025. <\/p>\n [Read more: \u2018I saw everything\u2019: 911 calls after Kirk shooting capture panic on and beyond campus<\/a>] <\/p>\n Besides aggravated murder, the seven counts he faces accuse him of illegally discharging a firearm, obstructing justice, witness tampering and committing violence in the presence of children.<\/p>\n Robinson was scheduled for what\u2019s called a waiver hearing. Typically at such hearings, a judge will ask whether the defendant wants a preliminary hearing \u2014 where prosecutors would present some of their evidence and testimony so the judge can determine whether there\u2019s enough evidence for the case to move forward to trial.<\/p>\n The prosecution and the defense met before the hearing to discuss how evidence will be shared, said Chad Grunander, criminal division chief in the Utah County Attorney\u2019s Office. <\/p>\n \u201cIt\u2019s voluminous to say the least,\u201d he said, \u201cand we\u2019re working on a process where we can exchange information as quickly as possible and be efficient in that process.\u201d<\/p>\n Prominent Utah defense attorney Kathryn Nester, who represents Robinson under a contract with the county, said, \u201cIt\u2019s not our intent to waive a preliminary hearing in this matter.\u201d <\/p>\n (Laura Seitz | Pool) Defense attorney Kathryn Nester who is representing Tyler Robinson, the man accused of killing Charlie Kirk at Utah Valley University, speaks during a waiver hearing in Fourth District Court in Provo, on Monday, Sept. 29, 2025.<\/p>\n But Nester said it\u2019s likely the defense team will ask for more time.\u201cIt\u2019s my understanding from our meeting today that there is massive amounts of digital [evidence] that is going to be coming,\u201d Nester said.<\/p>\n Graf scheduled Robinson\u2019s next hearing for Oct. 30. Nester told Graf she would like Robinson to attend in person.<\/p>\n Grunander said he appreciated Graf\u2019s comments. \u201cWe commit to approach this case with integrity, with professionalism and civility,\u201d he said. \u201cWe are truth seekers. We will aggressively pursue the truth in this case.\u201d<\/p>\n Nester and Utah County Attorney Jeff Gray declined to comment outside the courtroom.<\/p>\n Courtroom limitations<\/p>\n (Trent Nelson | The Salt Lake Tribune) Attorney Kathryn Nester is surrounded by media while leaving the Fourth District Courthouse in Provo on Monday, Sept. 29, 2025.<\/p>\n Monday\u2019s court hearing was open to the public \u2014 but because there was limited seating, court officials had instructed journalists and the public to form a line outside the courtroom two hours before the hearing started.<\/p>\n Graf also put extra limitations in his courtroom ahead of Monday\u2019s 10 a.m. hearing. <\/p>\n He prohibited spectators from bringing any kind of bags into the courtroom, and disallowed any kind of face coverings that could obscure someone\u2019s identity \u2014 unusual measures taken for a district court hearing. <\/p>\n Spectators also are not allowed to bring signs or wear buttons or T-shirts showing support or disapproval for either Robinson or Kirk, or the death penalty generally. (This restriction is more common in Utah courtrooms.)<\/p>\n Robinson was never visible during the hearing; he did not appear in person at the request of the defense. At his first court appearance earlier this month, Robinson also had stayed at the jail but was visible via the video feed. <\/p>\n Graf said Monday it is the \u201cstanding order of this court\u201d that Robison \u201cshall be allowed to appear in person so he can fully engage with his attorneys and participate in these legal proceedings.\u201d <\/p>\n Who are the judge and attorneys on the case?<\/p>\n (Trent Nelson | The Salt Lake Tribune) Utah County prosecutor Chad Grunander leaves the Fourth District Courthouse in Provo on Monday, Sept. 29, 2025.<\/p>\n Gov. Spencer Cox appointed Graf to the bench in 4th District Court in May. Before entering the judiciary, Graf was a deputy county attorney for Davis County, specializing in physical and sexual abuse cases, according to his biography<\/a> on the state courts\u2019 website. <\/p>\n Prior to that, he led the special victims unit in the Utah County Attorney\u2019s Office and was a deputy district attorney for Salt Lake County. He has also served as assistant attorney general in American Samoa, a deputy district attorney in Lincoln County, Nevada, and special assistant for the U.S. attorney\u2019s office in Washington D.C. He was also once the president of the Utah Minority Bar Association.<\/p>\n