Defence lawyers for Tyler Robinson, on trial for the aggravated murder of Charlie Kirk, said that an adult child of a deputy county attorney attended the rally where Kirk was shot
The man charged with shooting conservative activist Charlie Kirk in the neck at a rally on September 10 last year has asked for prosecutors in his case to be disqualified from the trial.
Tyler Robinson is on trial for the aggravated murder of Kirk while he was speaking at a rally at Utah Valley University campus in Orem, just a few miles north of the Provo courthouse where proceedings are underway.
Defence attorneys working on behalf of Robinson are seeking to disqualify prosecutors because an adult child of a deputy county attorney attended the rally where Kirk was shot. They say the relationship represents a conflict of interest after prosecutors said they intend to seek the death penalty for Robinson.
Robinson, 22, has pleaded not guilty to the charges.
The child, aged 18, who attended the event (who is not being named) texted their father in the Utah County Attorney’s Office from the rally in the aftermath of the shooting, saying: “CHARLIE GOT SHOT,” court filings show.
Robinson’s attorneys say that personal relationship is a conflict of interest that “raises serious concerns about past and future prosecutorial decision-making in this case,” according to court documents. They also argue that the “rush” to seek the death penalty against Robinson is evidence of “strong emotional reactions” by the prosecution and merits the disqualification of the entire team.
Richard Novak, defending Robinson, urged Judge Tony Graf on Friday to bring in the state attorney general’s office in place of Utah County prosecutors to address the conflict of interest. Novak said it was problematic for county prosecutors to litigate on behalf of the state while they had to defend their aptness to remain on the case.
In response to Novak’s claims Utah County Attorney Richard Gray replied that the defence’s last-minute request was aimed at delaying the case against Robinson, adding: “This is ambush and another stalling tactic to delay these proceedings.”
The director of a state council that trains prosecutors said he was not aware of any other major case where attorneys had been disqualified for bias.
“I would bet against the defence winning this motion,” Utah Prosecution Council Director Robert Church said. “They’ve got to show a substantial amount of prejudice and bias.”
The rally where Kirk was killed was attended by several thousand people who watched om horror as the co-founder of Turning Point USA and vocal Trump ally was shot as he took questions from the audience. An affidavit submitted by prosecutors said that the adult child of the deputy county attorney did not see the shooting themselves.
“While the second person in line was speaking with Charlie, I was looking around the crowd when I heard a loud sound, like a pop. Someone yelled, `he’s been shot,’ ” the child stated in the affidavit.
The child later texted a family group chat to say “CHARLIE GOT SHOT.” In the aftermath of the shooting, the child did not miss classes or other activities, and reported no lasting trauma “aside from being scared at the time,” the affidavit said.
Prosecutors have asked Judge Graf to deny the disqualification request. “Under these circumstances, there is virtually no risk, let alone a significant risk, that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case,” county attorney Gray said in a filing.
Gray also said the child was “neither a material witness nor a victim in the case” and that “nearly everything” the person knows about the actual homicide is mere hearsay.
If the Utah county prosecutors were disqualified, the case would likely be picked up by prosecutors in a county with enough resources to handle a large case. That could be Salt Lake City, or possibly even the state attorney general’s office, said prosecution council director Church.
Prosecutors have said text messages and DNA evidence connect Robinson to the killing. Robinson reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred.” At recent hearings, Robinson’s legal team has pushed to limit media access in the high-profile case. Graf has prohibited media from publishing photos, videos and live broadcasts that show Robinson’s restraints to help protect his presumption of innocence before a trial.
The judge has not ruled on a suggestion by the defence to ban cameras in the courtroom. Prosecutors are expected to lay out their case against Robinson at a preliminary hearing scheduled to begin May 18.
At the school where the shooting took place, university president Astrid Tuminez announced Wednesday that she will be stepping down from her role after the semester ends in May. The state university has been working to expand its police force and add security managers after it was criticized for a lack of key safety measures on the day of the shooting.
