Defendant in Charlie Kirk’s killing asks judge to disqualify prosecutors
PROVO, Utah (AP) — The Utah man charged with killing conservative activist Charlie Kirk returned to court Friday as his attorneys seek to disqualify prosecutors because an adult child of a deputy county attorney involved in the case attended the rally where Kirk was shot.
Defense attorneys say the relationship represents a conflict of interest after prosecutors said they intend to seek the death penalty against Tyler Robinson for aggravated murder.
Robinson, 22, has pleaded not guilty in the Sept. 10 shooting of Kirk on the Utah Valley University campus in Orem, just a few miles north of the Provo courthouse.
The 18-year-old child who attended the event — and whose name was redacted from court filings — later texted with their father in the Utah County Attorney’s Office to describe the chaotic events around the shooting, the filings from prosecutors and defense lawyers state.
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.
Defense attorney Richard Novak 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 defending their aptness to remain on the case.
Utah County Attorney Richard Gray replied that Novak’s last-minute request was aimed at delaying the case against Robinson.
“This is ambush and another stalling tactic to delay these proceedings,” Gray said.
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 defense winning this motion,” Utah Prosecution Council Director Robert Church said. “They’ve got to a show a substantial amount of prejudice and bias.”
Several thousand people attended the outdoor rally where Kirk, a co-founder of Turning Point USA who helped mobilize young people to vote for President Donald Trump, was shot as he took questions from the audience. The adult child of the deputy county attorney did not see the shooting, according to an affidavit submitted by prosecutors.
“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 big case. That could be Salt Lake City, or possibly even the state attorney general’s office, said prosecution council director Church. The judge would have the final say, he said.
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 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.
Prosecutors are expected to lay out their case against Robinson at a preliminary hearing scheduled to begin May 18.
___
Brown reported from Billings, Montana.