Charlie Kirk judge makes huge decision about alleged assassin's trans lover before trial

A Utah judge overseeing the trial of the man accused of assassinating Charlie Kirk last year has ruled that his transgender lover does not have to testify in-person at a preliminary hearing.

Judge Tony Graf made the ruling Monday morning, determining that it is unnecessary for Lance Twiggs, 22, to testify live at Tyler Robinson's preliminary hearing on July 6.

Twiggs, who is transgender and goes by the name 'Luna,' was living with Robinson during the time of the alleged murder at Utah Valley University on September 10, and the two were involved romantically.

After Robinson, 23, then turned himself into authorities the following day, federal investigators learned that he sent Twiggs a flurry of text messages during his 33 hours on the run, disclosing his alleged involvement in the shooting and his efforts to evade capture. 

The accused shooter has not yet entered a plea as he faces charges of felony aggravated murder, felony discharge of a firearm causing serious bodily injury, two counts of felony obstruction of justice, two counts of witness tampering and commission of a violent offense in the presence of a child.

Twiggs, meanwhile, has never been charged or implicated in the shooting, and has instead cooperated with authorities.

He even allegedly told investigators in a recorded statement that Robinson confessed to the crime, concealed a weapon, disposed of clothing and told him not to contact law enforcement.

Prosecutors now plan to use that recording at the preliminary hearing next month as they argue there is enough probable cause to bring the case to trial, NBC News reports. 

They will also cite the handwritten note Robinson allegedly left for Twiggs in which he said he 'had the opportunity to take out Charlie Kirk' and was 'going to take it,' as well as text messages Robinson allegedly sent saying he was targeting the 31-year-old Turning Point USA founder because he 'had enough of his hatred.'

The accused assassin even allegedly admitted in a text message to Twiggs: 'It was me at UVU yesterday. I'm sorry for all of this.'

But Robinson's defense team petitioned the judge to block prosecutors from only using the recorded statements and evidence, arguing Twiggs should be forced to testify in person so that Robinson could exercise his right to confront the witness in person and challenge his credibility.

Yet Judge Graf determined that Robinson's attorneys did not demonstrate how Twiggs' live testimony was necessary to present any specific evidence that would likely defeat the prosecution's probable cause to bring Robinson to trial for Kirk's murder, KUTV reports. 

The judge also noted in his decision that the Utah state constitution permits the state to rely on reliable hearsay to establish probable cause, adding that 'a relaxed application of defendants' constitutional rights' at a preliminary hearing are appropriate due to its limited scope.

'Although the preliminary hearing is a critical stage of the criminal process, it is not a trial and does not involve a determination of guilt or innocence,' Graf wrote. 

He added that the time for challenging witnesses would come later. 

'The Utah Supreme Court has repeatedly emphasized that a preliminary hearing is not a trial on the merits, but a gateway to the finder of fact,' Graf said. The task of determining whether a witness is credible is a job for the jury if the case goes to trial, he said. 

Twiggs went into hiding after his live-in boyfriend was unmasked as the alleged gunman who shot Kirk while he debated transgender issues at the school. 

His sudden disappearance from their apartment in St George fueled skepticism over what, if anything, Twiggs knew in advance of Robinson's alleged plot to snuff out one of the nation's leading conservative voices.

Exclusive pictures snapped by the Daily Mail in February showed Twiggs finally emerging from hiding, but living a completely different life. 

He has since moved thousands of miles away to Texas after reconciling with his strict Mormon family, with whom he now lives. 

Sources said he spends his days gaming online and reading fantasy novels, occasionally venturing out to grab takeout or run errands for his parents, Tyler and Amy. 

Twiggs paired his androgynous, shoulder-length locks with a baseball cap, blouson jacket, jeans, and a retro Taco Bell T-shirt.

When the Daily Mail caught up with Twiggs at a nearby gas station, he scowled at our reporter and then refused to answer questions about his links to Robinson, who could face death by firing squad if convicted of murdering Kirk. 

We asked him if he had any inkling that his furry fetishist beau was planning to kill Kirk, or if he had any words of comfort for widowed Erika Kirk, 37, and their two children.

'No, no, no,' Twiggs repeated nervously. 'I cannot answer any questions.'

Also on Monday, the judge postponed a ruling on whether prosecutors could face sanctions for comments to the media about a bullet fragment recovered from the conservative activist's body until Friday.

The defense team had asked the judge to block the death penalty in the case, claiming the prosecutors' comments about the ballistic evidence could sway potential jurors about Robinson's guilt. 

Prosecutors, though, argued they were compelled to speak with the media about the case following speculation about the 'inconclusive' findings from the report.

They have previously argued that DNA matching Robinson's was found on the trigger of the rifle, the fired cartridge casing and two unfired cartridges. 

Defense attorneys note that forensic reports indicate multiple people's DNA was found on some items, which they say requires a more complex analysis.

In the meantime, prosecutors are expected to examine Robinson's life history with a fine-tooth comb, documenting his mental health struggles and digging up past abuse or traumas, researching his family dynamics and relationships with friends and lovers, and showing how growing up online and playing video games may have damaged his brain.

Tyler has spent the last nine months in a Provo jail with little to no contact with other inmates. 

His main interactions are with members of his legal team, a psychological evaluator, and corrections officers who deliver meal trays to his cell, sources previously told the Daily Mail.