The ruling keeps prosecutors in place as they pursue a death penalty case against Robinson, who has not yet entered a plea. The decision reflects ongoing tensions in the high-profile case over fairness questions, including whether video recordings and cameras will be permitted in the courtroom.
A Utah judge on Tuesday rejected a defense motion to disqualify prosecutors in the case of Tyler Robinson, 22, accused of fatally shooting conservative activist Charlie Kirk. The defense had argued that Deputy Utah County Attorney Chad Grunander posed a conflict of interest because his adult daughter was in the audience when Kirk was shot at an outdoor rally on the Utah Valley University campus in Orem on September 10.
State District Judge Tony Graf ruled there is “not a significant risk” that Grunander’s daughter’s presence will affect his loyalty to his work or interfere with Robinson’s rights. “Prosecutors need not be immune to the emotional response of others to prosecute a case,” Graf said.
The Disqualification Claim
An estimated 3,000 people gathered at the outdoor rally to hear Kirk, a Turning Point USA co-founder who mobilized young voters for President Donald Trump. Robinson has not yet entered a plea. Prosecutors plan to seek the death penalty against Robinson.
The defense contended that prosecutors’ quick announcement of death penalty plans reflected strong emotional reactions that should disqualify the entire prosecution team.
Witness Testimony and Findings
Grunander’s daughter testified she was looking at the crowd, did not record video of the shooting or aftermath, and didn’t learn until reaching safety that Kirk had been shot.
County Attorney Jeffrey Gray testified that he considered the death penalty before Robinson’s arrest and that his colleague’s daughter did not influence his decision. Graf agreed, finding her presence irrelevant to his reasoning.
Robert Church, director of the Utah Prosecution Council, defended the ruling: “Chad Grunander’s daughter is not going to be a witness. She didn’t actually see Mr. Kirk killed. She was facing away.”
Courtroom Access and Media Rights
The judge has been weighing broader fairness questions. Full video recordings of Kirk’s shooting have not been shown in court after defense attorneys objected, citing concern that the footage would undermine Robinson’s right to a fair trial. Defense attorneys also seek to keep television cameras and photographers out of the courtroom.
Prosecutors, attorneys for news organizations, and Kirk’s widow have urged the judge to keep the proceedings open.
On Monday, Graf granted a request from a coalition of news organizations including The Associated Press to allow their attorneys to view defense requests to classify documents. Without such access, Graf said, media attorneys could not meaningfully argue against closing parts of the case from public view.