Hearing focuses on alleged conflict in prosecutor team

Tyler Robinson, charged with killing conservative activist Charlie Kirk, returned to court Friday in Provo, Utah, as his attorneys argued that prosecutors should be disqualified. The defense said the case presents a conflict of interest because the daughter of a deputy county attorney involved in the matter attended the rally where Kirk was shot.

Prosecutors have said they intend to seek the death penalty for Robinson, who is charged with aggravated murder in the Sept. 10 shooting of Kirk on the Utah Valley University campus in Orem. Robinson, 22, has not yet entered a plea.

Defense seeks state intervention

In seeking disqualification, Robinson’s attorneys said the close connection between the prosecution team and a person present for Kirk’s killing raises concerns about past and future prosecutorial decision-making. They also argued that prosecutors’ “rush” to seek the death penalty reflects “strong emotional reactions,” according to court documents.

Defense attorney Richard Novak urged Judge Tony Graf to bring in the state attorney general’s office in place of Utah County prosecutors. Novak said it was problematic for county prosecutors to litigate on behalf of the state while defending their aptness to stay on the case.

Prosecutors call the motion an effort to delay

Utah County Attorney Jeffrey Gray argued that Novak’s last-minute request was aimed at delaying the case. His office asked Graf to deny the disqualification request, and Gray said in court, “This is ambush and another stalling tactic.”

Prosecutor’s daughter says she didn’t see the shooting

The defense’s conflict argument centered on testimony and filings about the deputy county attorney’s daughter, an 18-year-old who attended the rally. Prosecutors said she did not see the shooting but heard a loud pop, according to an affidavit they submitted.

Court filings and testimony said the daughter later texted her father in the Utah County Attorney’s Office to describe the chaotic aftermath. She texted a family group chat the day of the shooting, saying, “CHARLIE GOT SHOT,” and Gray testified Friday that he received that message while he was with a colleague, who showed it to him.

Prosecutors’ affidavit said that in the weeks after the shooting, the daughter did not miss classes and reported no lasting trauma “aside from being scared at the time.” Gray emphasized in court filings that she was “neither a material witness nor a victim in the case,” and that “nearly everything” she knows about Kirk’s killing is hearsay.

Gray argued there was no significant risk that the circumstances would prevent fair prosecution. In a court filing, he wrote: “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.”

Judge’s decision could change where case is handled

Utah Prosecution Council Director Robert Church said he doubted the disqualification attempt would succeed. Church told The Associated Press, “I would bet against the defense winning this motion,” adding that “They’ve got to a show a substantial amount of prejudice and bias.”

Church said that if Utah County prosecutors were disqualified, the case would likely shift to prosecutors in a county with more resources, such as Salt Lake City, or possibly the state attorney general’s office. He said Graf would have the final say on the request.

The deputy county attorney and his daughter are expected to testify Feb. 3.

Livestream concerns interrupt hearing briefly

Friday’s hearing was briefly interrupted after the defense raised concerns that close-up shots of Robinson livestreamed by a local television station could be analyzed by lip readers to determine what he was discussing with his attorneys. Graf ordered the camera operator not to film Robinson for the remainder of the hearing.

Prosecutors have said DNA evidence connects Robinson to the killing. The story also reported that Robinson reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred.”

University leadership change after shooting

At the school where the shooting took place, university president Astrid Tuminez announced Wednesday that she will be stepping down after the semester ends in May. The state university has also 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.

This story has been updated to correct the name of Utah County Attorney Jeffrey Gray.