What Evidence Could Become Important at Trial?
The prosecution has already revealed portions of the evidence it intends to rely upon.
One major category is video evidence.
During the preliminary hearing, prosecutors presented surveillance footage that they argued showed Robinson’s movements around the Utah Valley University campus before and after the shooting.
Investigators have also presented forensic evidence, including DNA evidence that prosecutors say links Robinson to the weapon.
A handwritten note has also been discussed in court.
The prosecution’s interpretation of this evidence will likely be challenged by the defense. At trial, jurors—not the judge alone—will ultimately have to evaluate the evidence presented by both sides.
That distinction is critical.
Evidence can appear significant during a preliminary proceeding while still being subject to extensive cross-examination and legal challenges at trial.
The defense will have opportunities to question witnesses, challenge forensic conclusions and dispute the prosecution’s interpretation of events.
The Question of Motive
Another major issue is motive.
Prosecutors have argued that Robinson targeted Kirk because of political disagreements, including Kirk’s positions concerning LGBTQ issues.
The defense has disputed aspects of the prosecution’s interpretation of motive and has challenged the idea that the evidence establishes the political motivation prosecutors allege.
Motive can be important to a prosecution’s overall narrative, but it is not necessarily the same thing as proving every element of a criminal charge.
At trial, prosecutors will have to establish the elements of the specific charges under Utah law using admissible evidence.
The defense, meanwhile, will have the opportunity to present its own arguments and challenge the state’s case.
Why the Trial Has Taken So Long to Reach This Stage
For many people watching the case from outside Utah, the amount of time between Kirk’s death and the eventual trial can seem surprising.
But complex homicide cases—especially capital cases—can take substantial time.
The legal process involves investigation, evidence review, forensic analysis, discovery, preliminary hearings, motions, arguments over admissibility and constitutional issues, and preparation by both sides.
The case also attracted enormous national attention.
That can create additional complications involving courtroom security, media access, evidence handling and the protection of a defendant’s right to a fair trial.
Robinson’s attorneys have previously objected to aspects of public and televised courtroom coverage, arguing that extensive publicity could affect the fairness of proceedings.
The court must balance public access to proceedings with the defendant’s constitutional rights and the integrity of the trial.
What Happens Next?
The next major step is scheduling and preparing for the actual trial.
As of September 18, 2026, a trial date has not been publicly established.
A further hearing is expected in October, when the court can address scheduling and additional procedural matters. Reuters reported that a trial date was expected to be discussed following the September ruling.
Before a jury is selected, there could be numerous additional hearings.
The lawyers may argue over what evidence should be admitted.
They may challenge expert testimony.
They may dispute forensic conclusions.
They may ask the judge to exclude certain statements or evidence.
And because prosecutors are pursuing the death penalty, additional capital-case procedures may become part of the litigation.
Jury Selection Will Be Especially Important
When the trial eventually begins, jury selection will likely receive significant attention.
This is an unusually high-profile case involving a nationally known political activist and a defendant facing a possible death sentence.
Potential jurors may have already encountered extensive coverage of the shooting.
The court and attorneys will therefore have to determine whether prospective jurors can set aside prior information and decide the case based only on evidence presented in court.
The defense and prosecution will question potential jurors about their backgrounds, exposure to the case and ability to remain impartial.
The final jury will then be responsible for evaluating the evidence.
The Trial Itself
If the case reaches a full jury trial without a plea agreement or other resolution, the proceedings will generally begin with opening statements.
The prosecution will present its case first.
That could include testimony from investigators, witnesses, forensic experts and other individuals connected to the investigation.
Physical and digital evidence may also be presented.
The defense will have the opportunity to cross-examine prosecution witnesses.
After the state finishes presenting its evidence, the defense can present its own case, although a defendant is not required to testify.
The prosecution would then have an opportunity to respond within the rules of the court.
Finally, attorneys would make closing arguments before the judge instructs the jury on the law.
The jury would then deliberate.
