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Erika Kirk is urging a judge to reject a defense proposal that would push the trial of her husband’s accused killer into 2029, asking the court to set a trial date in 2027.
In a new court filing obtained by Fox News, Kirk’s legal team blasted the defense’s proposed timeline as “grossly out of line” with comparable cases, asking the court to schedule the trial for the earliest practicable date in 2027.
Kirk’s team also argued that prolonged delays would deepen the emotional toll on the Kirk family, particularly Charlie Kirk’s two young children, and cited a report that Robinson’s defense had already cost taxpayers approximately $1.6 million in its first year.
“Every additional day of delay carries the weight of all that Charlie’s murder has taken from his family, especially his two young children who were just three and one year old when their father was murdered and would be seven and five years old by the time a verdict is handed down under the Defense’s proposed schedule,” the filing reads.
Kirk’s attorneys cited Utah law guaranteeing crime victims the right to a speedy disposition of charges without unwarranted delay.
They also asked the court to require monthly progress reports or status conferences and to consider the family’s interests before granting scheduling extensions.
Tyler Robinson’s defense team proposed a tentative trial start date in the third quarter of 2029, arguing that setting a firm date now would create “false precision” and could jeopardize Robinson’s constitutional rights in a death penalty case, where, as the defense noted, “death is different.”
The defense cited pretrial motions it plans to file through 2029, the volume of evidence still awaiting review and the complexities of jury selection as reasons for the proposed timeline.
“From the point of view of defense counsel, appointment to a capital case brings with it a slew of responsibilities that apply in no other context,” the defense memorandum states.
Robinson’s attorneys argue that they must review evidence related to both guilt and potential sentencing before trial and that additional evidence is still being processed, making it premature to establish a firm trial date.
“It will create unrealistic expectations for the public and the victim’s representative, it may cause counsel for both parties to give short shrift to constitutionally required activities, it may rush this Court to deliberate upon and enter rulings on important and complex pretrial motions, and it may jeopardize Mr. Robinson’s right to a capital proceeding that has the utmost reliability,” the defense states.
While prosecutors expect to be ready for trial by Oct. 4, 2027, Utah County Attorney Jeffrey S. Gray argued that beginning the trial in October would mean proceedings would stretch through the Thanksgiving and Christmas holidays.
“The State therefore proposes that the Court schedule the trial to begin January 31, 2028,” the prosecution’s memorandum states.
Prosecutors estimate the trial would take approximately 17 weeks, while Robinson’s defense team anticipates proceedings lasting six to seven months.
In September 2026, Robinson, 23, was ordered to stand trial on seven charges, including aggravated murder, in the fatal shooting of Charlie Kirk at a Turning Point USA event at Utah Valley University on Sept. 10, 2025.
Robinson could face the death penalty if convicted.