The Utah judge in the murder case over Charlie Kirk's killing says he will rule Monday whether prosecutors could face sanctions for comments to the media about a bullet fragment recovered from the conservative activist’s body.
Lawyers for defendant Tyler Robinson have asked Judge Tony Graf to block the death penalty
in the case, claiming the prosecutors' comments could sway potential jurors regarding his guilt.But criminal law expert Paul Cassell said
it would be extraordinary for Graf to grant the defense request. Their concerns could be addressed in other ways, such as more closely questioning jurors to ensure they aren't biased, the University of Utah law professor said.
“A standard defense attorney maneuver is to avoid talking about the guilt or innocence of your client. The theory is that as long as you're talking about anything other than whether the defendant is guilty, you're winning as a defense attorney,” Cassell said. “This seems to be an extreme example of that.”
Representatives of the Utah County Attorney's Office said they were compelled to speak publicly about the case following speculation in some media outlets.
The speculation began after the defense team publicly disclosed that initial tests were inconclusive to determine whether the bullet was fired from the suspected murder weapon.
Conjecture over the evidence in Kirk’s killing has fueled unsubstantiated conspiracy theories that there might have been a second shooter, or that his death was staged. The case has attracted enormous media attention and concerns from both sides about misinformation tainting the potential jury pool.
Robinson has not yet entered a plea. Prosecutors have said they intend to seek the death penalty if he is convicted.
The 23-year-old from southwestern Utah is charged with aggravated murder in the Sept. 10 killing of Kirk, a close ally of President Donald Trump who was shot in the neck while addressing a crowd of thousands at Utah Valley University.
Judge Graf held a hearing last week over whether prosecutors should be held in contempt for their comments about the bullet.
Robinson’s attorneys accused prosecutors including Deputy Utah County Attorney Christopher Ballard of trying to influence potential jurors by going on a “media tour" to talk about ballistics evidence in the case.
Ballard argued at the June 12 hearing that he didn’t speak to the media about case specifics, and he only remarked generally about how ballistics testing can be inconclusive.
The defense team also pointed to another Utah criminal case in which prosecutors were accused of contempt and suggested that one potential remedy would be to bar the state from seeking the death penalty.
While the judge in that earlier case disagreed that an order barring the death penalty was merited, Robinson’s attorneys noted that “the court did not conclude that such a remedy was beyond its authority where the facts support it.”
A key hearing in Robinson's case is scheduled for July 6-10, when prosecutors must show they have enough evidence to warrant a trial.
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Brown reported from Denver and Boone from Boise, Idaho. Associated Press reporter Hannah Schoenbaum contributed from Salt Lake City.
