Charlie Kirk shooting case has tested pretrial publicity rules

Tyler Robinson's preliminary hearing comes after months of arguments over what lawyers can say in and out of the courtroom — and shortly after the judge held a prosecutor in contempt for saying too much.

The big picture: Days after Charlie Kirk's killing at UVU, Judge Tony Graf set strict rules for pretrial publicity, barring lawyers from making out-of-court statements that could "materially prejudice" the proceedings.

Zoom in: In a March filing, Robinson's attorneys cited a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) analysis that couldn't determine whether the bullet that killed Kirk was fired by the rifle Robinson is accused of carrying.

• Some news outlets, starting with British tabloid The Daily Mail, published reports that inaccurately described the bullet and gun as mismatched, declaring the report was exculpatory rather than inconclusive.

Friction point: When asked by reporters about the narrative that Robinson was exonerated, Utah County prosecutor Christopher Ballard didn't just correct details of the ATF finding.

• Ballard added, "We have ample evidence to demonstrate beyond a reasonable doubt that Tyler Robinson committed this murder."
• That, coming from a prosecutor, went too far, Graf wrote in a late June ruling that found Ballard in contempt.

The other side: Graf rejected Robinson's attorneys' argument that Ballard's statement risked enough prejudice that the death penalty should no longer be an option in the case.

• Instead, Graf said he would consider a larger jury pool and a more detailed questionnaire to try to filter out jurors who may have been prejudiced by Ballard's statements.

Zoom out: Defense attorneys have also argued that President Trump, his administration, Gov. Spencer Cox and other office holders have painted Robinson in such a negative light that media access to the preliminary hearing and potential trial should be tightly controlled to make up for the prejudice caused by those public statements.

• In response, Graf allowed cameras but restricted reporters from bringing laptops or phones into the courtroom.