Judge to Decide Later on Defense Contempt Request Over Prosecutors' Media Statements

Tyler Robinson, 23, is scheduled to appear Friday in Fourth District Court in Provo on charges of aggravated murder in the Sept. 10 killing of Charlie Kirk. His attorneys are asking Judge Tony Graf to hold prosecutors in contempt, alleging they violated a court order by discussing ballistics findings with the media.

The defense motion states that prosecutors made public comments about a preliminary ballistics report on a bullet fragment recovered from Kirk's body. According to the motion, those comments addressed defense claims that the report was inconclusive and could not be matched to a firearm.

Prosecutors have said their statements were intended to correct what they described as inaccurate characterizations of the report.

The Associated Press reported that prosecutors responded they had a right to address misinformation from the defense about the preliminary finding. The NBC report noted that the defense filing referenced another case in which prosecutors faced contempt allegations, and that one remedy discussed in that matter was barring the state from seeking the death penalty, though the judge there declined to impose it.

Graf has indicated he will issue a ruling on the contempt request at a later date. A preliminary hearing is set for next month, at which prosecutors must present evidence to support proceeding to trial. Robinson has not yet entered a plea. Prosecutors have stated their intent to seek the death penalty if he is convicted.

Robinson's attorneys have separately asked the judge to stay proceedings while they appeal a June 1 order denying their request to prohibit cameras in the courtroom.