Speaking as a veteran defense attorney in some of the nation’s most high-profile trials, Alan Dershowitz told Newsmax on Tuesday that the man accused of assassinating conservative leader Charlie Kirk must be provided with a strong legal defense, warning that the case is likely to hinge on a confession and potential death penalty negotiations.
“Well, I think they will probably release more information. There’s an alleged confession that he made in writing that may be part of the charges,” Dershowitz said on Newsmax’s “Wake Up America.” “Remember, these are only the state charges. The federal government still has to decide whether there is jurisdiction or whether they want to bring charges.”
The 22-year-old suspect, Tyler Robinson, is expected to face aggravated murder, obstruction, and firearms charges at his first court appearance in Utah, with the charges to be unveiled on Tuesday. Dershowitz noted that the hearing will be virtual and emphasized the importance of ensuring Robinson is represented by an experienced defense attorney.
“This is a capital case, so obviously he needs to have not only a lawyer, but an extremely experienced lawyer, and particularly one experienced in capital cases in Utah,” Dershowitz said. “There are so many lawyers who are afraid of being attacked for taking a case. They forget the John Adams precedent of representing those accused of the Boston Massacre in the run-up to the Revolutionary War, so I hope there’ll be a lawyer brave enough, bold enough, and competent enough to provide this man an adequate defense. Whether he’s guilty or innocent, he’s entitled to a defense under the Sixth Amendment to the Constitution.”
Dershowitz, a professor emeritus of law at Harvard Law School, has built his career on some of the nation’s most famous trials. He won socialite Claus von Bülow’s appeal in the attempted murder case that inspired the film “Reversal of Fortune,” served on former football player O.J. Simpson’s “Dream Team,” and worked on appeals for actress Patty Hearst and former boxer Mike Tyson. He also defended hotel magnate Leona Helmsley, advised in espionage cases such as former intelligence analyst Jonathan Pollard’s, and was part of financier Jeffrey Epstein’s legal team that negotiated a 2008 plea deal.
Investigators are probing whether others may have known about the plot after Robinson allegedly confessed in an online chat room.
Dershowitz said simply failing to act on such knowledge is not usually a crime but could factor into broader plea negotiations.
“In most states, no. In a couple of states like Rhode Island, they passed statutes that require you to disclose an imminent felony. But in most cases, simply doing nothing is not a crime,” Dershowitz said. “The best thing that could happen to this defendant is if they begin an investigation to try to get other people involved, because then they may want to make a deal with him. We’re going to see once he gets a lawyer, we’re going to see negotiations, we’re going to see attempts to try to minimize the pain.”
Dershowitz said the evidence appeared “overwhelming” that Robinson pulled the trigger, leaving defense strategy focused on mitigating sentencing, including the possibility of pursuing an insanity claim or cooperating with federal prosecutors to avoid capital punishment.
“This is the beginning, not the end of a long investigation that will culminate ultimately either in a plea of guilty or a trial, probably a plea of guilty,” he said.
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