Prosecutors in the case against accused Charlie Kirk assassin Tyler Robinson have drawn attention to his defense attorney's past work, citing it as they contest the admissibility of key evidence in pre-trial hearings. Kathy Nester, Robinson's attorney, is a veteran litigator with a history of representing controversial defendants.
Nester's past clients include Lyle Jeffs, a former polygamous religious leader; John Earnest, who committed a synagogue shooting; and Michael Kirk Moore, accused of issuing fraudulent COVID-19 vaccine certificates. Most recently, Nester represented Kouri Richins, who was convicted of poisoning her husband and sentenced to life in prison in May.
During the Richins trial, Nester provided media interviews to address what she perceived as public misinformation. However, Deputy Utah County Attorney Chris Ballard alleged that Nester has displayed a double standard in her handling of Robinson's case. This argument arose after Nester sought to hold Ballard in contempt for media interviews he gave to TMZ, which aimed to correct inaccurate reports about the bullet that killed Kirk not matching the murder weapon.
Nester was appointed to represent Robinson, 23, who faces potential capital punishment if convicted, after previously handling the Richins case. She was assigned Richins' case in 2023 as the Summit County public defender. Robinson's case came to her as prosecutors pursued the death penalty, and many other qualified attorneys were already handling similar cases.
Greg Skordas, who assisted in selecting Robinson's counsel, noted that Nester was heavily involved with the Richins case but was one of the few experienced attorneys willing to take on Robinson's death penalty case. He suggested that her involvement in both high-profile cases was largely by default.
Evidence Presented in Pre-Trial Hearings
During the current pre-trial hearings, Nester has faced criticism from the judge for numerous objections to the evidence presented by the prosecution. Agent David Hull of the Utah State Bureau of Investigation testified that Robinson visited the amphitheater where Kirk was scheduled to speak hours before the shooting. Hull stated that Robinson interacted with members of Kirk's organization, Turning Point USA, before leaving the premises.
Prosecutors presented surveillance footage allegedly showing Robinson on the UVU campus on the day of the shooting. The footage, which the judge ruled could be played in court, depicted Robinson's movements, including driving his Dodge Challenger and interacting with members of Kirk's group. Hull testified that a police officer later encountered Robinson on campus during the manhunt for Kirk's killer. The officer, experiencing what he described as 'cop intuition,' recorded Robinson's license plate, which later helped confirm his presence on campus.
Investigators claim to have compiled substantial evidence linking Robinson to the crime, including alleged DNA evidence connecting him to the murder weapon, witness statements, and further surveillance footage. They also plan to introduce messages Robinson allegedly sent to his transgender boyfriend on the day of the shooting, expressing frustration with Kirk's views. Robinson has not yet entered a plea in the case.