Utah Judge to Rule Monday on Defense Request to Bar Death Penalty Over Prosecutors’ Media Comments

A Utah judge will rule Monday on whether prosecutors could face sanctions for comments to the media about a bullet fragment recovered from Charlie Kirk’s body. Judge Tony Graf held a hearing last week on the issue after the defense accused prosecutors of attempting to influence potential jurors.

Lawyers for defendant Tyler Robinson, 23, of southwestern Utah, asked the judge to block the death penalty in the case.

They claimed the prosecutors’ remarks could sway jurors regarding his guilt. Robinson is charged with aggravated murder in the Sept. 10 killing of Kirk, who was shot in the neck while addressing a crowd at Utah Valley University.

ABC News reported that prosecutors intend to seek the death penalty if Robinson is convicted. Robinson has not yet entered a plea. A key hearing is scheduled for July 6-10 to determine whether prosecutors have enough evidence to warrant a trial.

At the June 12 hearing, Deputy Utah County Attorney Christopher Ballard argued that he did not speak to the media about case specifics and only remarked generally about how ballistics testing can be inconclusive. Initial tests were inconclusive in determining whether the bullet was fired from the suspected murder weapon, a fact the defense team publicly disclosed.

” They pointed to another Utah criminal case in which prosecutors faced contempt accusations and suggested barring the death penalty as a possible remedy.

Criminal law expert Paul Cassell said it would be extraordinary for Graf to grant the defense request, noting that concerns could be addressed by more closely questioning jurors to ensure they are not biased.