Judge Tony F. Graf determined in a virtual hearing that the case against Tyler Robinson, 22, of Washington, Utah, had attracted “extraordinary public and media attention,” that images of Robinson in jail clothing could influence prospective jurors and that the prejudice risk is “significant.”

“Mr. Robinson’s right to the presumption of innocence outweighs the minimal inconvenience of permitting civilian attire, and Mr. Robinson shall be dressed as one who is presumed innocent,” Graf said.

Robinson’s defense team also requested he appear unrestrained during court proceedings; however, that motion was denied by Graf, who said the charges Robinson faces are “extraordinarily serious,” and that the safety of Robinson and the public is the court’s highest priority.

“The emotional nature of these proceedings also raise the risk of disruption. … The court directs the sheriff’s department to conduct an individualized assessment and use the least restrictive restraints necessary to maintain safety,” Graf said.

With potential prejudice in mind, though, the court ordered that the media will be prohibited from photographing or recording Robinson’s restraints as he is entering, exiting or standing in the courtroom.

“Restricting the recording of restraints strikes the proper balance between Mr. Robinson’s right to a fair proceeding and the public’s right to access and transparency,” Graf said.

Robinson faces seven criminal charges, including aggravated murder, after he allegedly shot and killed Kirk with a rifle at a Sept. 10 event at Utah Valley University in Orem.

Robinson’s defense attorney, Kathryn Nester, argued in an Oct. 9 motion that Robinson should appear in civilian clothes and without physical restraints due to widespread media attention threatening the trial’s fairness.

The Utah County Attorney’s Office and the Utah County Sheriff’s Office argued in a joint opposition motion that jail clothing assists with safety and identification.

The defense moved to strike the sheriff’s portion of the motion because the sheriff is not a party; however, the state and the sheriff’s office argued that the sheriff’s office could file a memoranda of nonparty, Graf said.

Graf sided with the defense and struck the sheriff’s response.

An Oct. 30 hearing where Robinson was slated to make his first in-person appearance was vacated, allowing additional time to complete discovery. In-person hearings are scheduled for 1 p.m. Jan. 16 and 1 p.m. Jan. 30 in the Provo 4th District Court.