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Erika Kirk Invokes Utah Victims’ Rights, Demands a Speedy Trial in Charlie Kirk Murder Case

Erika Kirk, the widow of Charlie Kirk, has formally demanded a speedy trial in the criminal case against the man accused of killing her husband, alleging that defense attorneys are engaging in “undue delay” tactics under Utah law, as reported by Fox News.

In a court filing made public over the weekend, Erika Kirk’s attorney, Jeffrey Neiman, notified the court that she is invoking her rights as a crime victim to a timely resolution of the case.

The filing argues that while courts must ensure a fair trial for the accused, they must also protect the statutory rights of victims under state law.

San Marcos, TX / United States – Oct. 24 2018: Turning Point USA founder and president Charlie Kirk during a visit to Texas State University in San Marcos.

“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 the 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.”

The defendant, Tyler Robinson, is accused of fatally shooting Kirk during a Turning Point USA event at Utah Valley University in September.

Tyler Robinson’s Mugshot – Utah County Sheriff’s Office

Prosecutors allege Kirk was seated beneath a tent in the campus courtyard, speaking with attendees, when a sniper-style shot struck him in the neck.

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The shooting triggered panic among the crowd, sending thousands of people running for cover.

Despite the severity of the allegations, Robinson has not yet entered a plea or faced a preliminary hearing, a critical early stage in Utah’s legal process in which prosecutors must establish probable cause to proceed.

Prosecutors disclosed on Friday that they have completed approximately 90% of the discovery process in the case.

Some legal observers have questioned whether Erika Kirk’s filing is premature.

Donna Rotunno, a Chicago-based defense attorney and Fox News contributor, said the request may not strictly apply at this stage but acknowledged its strategic value.

“I don’t really think this applies, but it is a very good strategic move to put the judge on notice that everyone is watching,” Rotunno told Fox News Digital on Monday.

Utah is among a small number of states that explicitly grant crime victims a statutory right to a speedy disposition of charges.

At the federal level, the U.S. Constitution guarantees defendants the right to a speedy trial, a right that can be waived, particularly in complex cases involving extensive discovery and legal motions.

“Nobody believed in the importance of the United States Constitution more than Charlie Kirk,” Neiman wrote.

“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.”

Robinson is scheduled to return to court on Feb. 3 for the second day of a hearing on a defense motion seeking to remove the local prosecutor from the case.

Several legal analysts, including Rotunno, have characterized the motion as “frivolous.”

Prosecutors have denied any conflict of interest related to claims that a deputy in the county attorney’s office had an adult child present in the crowd at the time of the shooting. The court has not yet ruled on the motion.


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