SALT LAKE CITY (AP) — The 22-year-old Utah man charged with killing conservative activist Charlie Kirk is due back in court Friday as his attorneys seek to disqualify prosecutors in the case over an alleged conflict of interest.
Tyler Robinson is charged with aggravated murder in Kirk's Sept. 10 shooting on the Utah Valley University campus in Orem, just a few miles north of the Provo courthouse. Prosecutors with the Utah County Attorney's Office plan to seek the death penalty if Robinson is convicted. Robinson has not yet entered a plea.
An 18-year-old child of a deputy county attorney attended the campus event where Kirk was shot. The child, 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.
Defense 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.
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 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 District Judge Tony 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,” Utah County Attorney Jeffrey 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.
The Associated Press left email and telephone messages for Robinson's defense attorney, Kathryn Nester.
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 recent hearings, Robinson’s legal team has pushed to limit media access in the high-profile case. Graf has prohibited media from publishing photos, videos and live broadcasts that show Robinson's restraints to help protect his presumption of innocence before a trial.
The judge has not ruled on a suggestion by the defense to ban cameras in the courtroom.
Prosecutors are expected to lay out their case against Robinson at a preliminary hearing scheduled to begin May 18.
Brown reported from Billings, Montana.