Judge Tony Graf fully admitted the now-released three-page testimony on Charlie Kirk’s religious beliefs by pastor, TPUSA board member, and friend of Charlie Kirk, David Engelhardt, on July 9. The statement details Kirk’s “orthodox-Christian position on marriage, family, gender, and sexual being, which find their basis in various Biblical scriptures.”
Defense attorney Richard Novak disputed the admission for more than 30 minutes on the second day of the preliminary hearings because the document does not reveal accused assassin Tyler Robinson’s views on Kirk and “this is not a case about religion.”
However, because Graf ruled that the document is admissible as evidence for Kirk’s political beliefs, he bolstered the prosecution’s case for the victim-targeting enhancement, which could increase Robinson’s punishment if he is found guilty.
The prosecution hopes to increase Robinson’s punishment by proving the assassination was motivated by hatred of Kirk’s “political expression.” If the prosecution can prove beyond a reasonable doubt that Robinson killed Kirk for his political views, then under Utah Code § 76-3-203.14, the state allows for a sentence to be “enhanced” or increased because a victim was targeted for his political beliefs.
Novak told Graf that he does not believe the document is “relevant” to the enhancement and told the court, “I didn’t bring the Bible to this courtroom. The state brought it.” Graf initially chose to provisionally admit the document because “it is relevant as it relates to the victim targeting enhancement [since] it relates to Charlie Kirk’s political expression,” and he fully admitted and published the exhibit Thursday.
