A Utah judge has rejected a request from Tyler Robinson, accused of killing Charlie Kirk, to compel the testimony of Lance Twiggs, Robinson’s former partner, in an upcoming preliminary hearing. The decision came Monday from Judge Tony Graf, who denied Robinson’s motion to require Twiggs, 22, to appear in court next month for in-person questioning.

Prosecutors plan to introduce a recorded interview with Twiggs conducted on April 20 during the preliminary hearing scheduled for July 6 in Provo. The preliminary hearing serves as a procedural step to assess whether sufficient evidence exists to move forward with a trial, effectively replacing the traditional grand jury indictment.

Robinson’s defense attorneys argued that since the recorded interview would be presented to the judge, they should have the opportunity to cross-examine Twiggs directly in court. They also sought to question Twiggs about the immunity agreement he received in exchange for cooperating with investigators and providing testimony that implicates Robinson.

Judge Graf’s ruling means Twiggs will not be compelled to appear live for questioning during the hearing. The preliminary proceedings will proceed with the recorded interview serving as the primary testimony from Twiggs. The outcome will determine whether the case against Robinson advances to trial.