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Tipsheet

Erika Kirks Turns to This Law to Speed Up the Trial of Her Husband’s Killer

AP Photo/Alex Brandon

Erika Kirk, widow of the slain conservative leader and activist Charlie Kirk, has formally invoked her constitutional right to a speedy trial in the ongoing prosecution of her husband’s accused assassin. The move comes amid growing frustration with what she and others have described as deliberate delay tactics by the defense, efforts that have already postponed proceedings several times.  

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Attorney Jeffrey Neiman notified the court that Erika Kirks is asserting her rights under Utah Code § 77-38-4, the state’s Victims’ Rights Amendment provision, which grants the victims of crimes "the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant." 

“The Utah Code affords victims of a crime ‘the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant,’” Neiman wrote in a court filing. “This Court is tasked with the critically important function of ensuring the Defendant has a fair trial, but this Court must also do so while balancing Mrs. Kirk’s right to a speedy trial, and therefore this Notice invokes Mrs. Kirk’s rights under applicable Utah Code.”

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Prosecutors said Friday they are roughly 90 percent through discovery, but Robinson has yet to enter a plea or go through a preliminary hearing, a crucial early stage in Utah cases where the state must show a judge there’s probable cause to move forward.

“Nobody believed in the importance of the United States Constitution more than Charlie Kirk,” Neiman continued. “And although the United States Constitution guarantees criminal defendants many rights, it does not guarantee them the right to cause undue delay in the criminal justice process.”

Tyler Robinson is accused of assassinating Charlie Kirk, the founder and CEO of Turning Point USA at Utah Valley University in September of 2025. 

Tyler Robinson has appeared in court three times since his September 2025 arrest. His first appearance, a video arraignment before Judge Tony Graf in September, involved the reading of charges, aggravated murder, firearm discharge, obstruction, and witness tampering. His second appearance, in December, was his first in-person session and was largely procedural, focused on attire and restraints. And in his latest appearance just last week, Robinson appeared for day one of a hearing on his defense team’s motion to disqualify the prosecutor over a weak conflict-of-interest claim; the judge barred cameras over lip-reader concerns.

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Robinson’s next hearing is scheduled for February 3, where his defense will again attempt to remove the local prosecutor from the case. 

Experts have described this string of hearings as little more than delay tactics by the defense, over what they call “frivolous” claims, although the defense team has denied the allegation.

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