Defense lawyers for the man charged in the killing of conservative activist Charlie Kirk plan to ask a judge on Tuesday to remove the prosecution team, arguing a conflict of interest arises from the fact that the lead prosecutor's daughter witnessed the shooting.
The motion will be presented before District Court Judge Tony Graf in Provo, Utah. The defendant, 22-year-old Tyler Robinson, faces seven criminal counts related to the fatal shooting on a college campus last year. Robinson has been charged with aggravated murder, witness tampering and obstruction of justice.
In court filings, Robinson's attorneys pointed to the Utah County Attorney's decision to seek the death penalty less than a week after Kirk's death on September 10 as evidence of what they described as a "strong emotional reaction" by prosecutors. The prosecution has rejected claims of bias.
The lead prosecutor has not been publicly named in order to protect the privacy of the 18-year-old daughter, who was among the crowd when Kirk was shot. Prosecutors have said they do not need, and do not plan, to call her to testify.
Robinson is not expected to enter a plea until after a preliminary hearing, which is tentatively scheduled for mid-May. Court documents allege Robinson, who was studying to be an electrician, fired a single round from a rooftop that struck Kirk while Kirk was debating students at Utah Valley University in Orem as part of a tour of U.S. colleges.
The Utah County Attorney's office said the decision to seek the death penalty was driven by the nature of the killing, noting that the act put other people's lives at risk.
Prosecutors have asked the court for permission to show a video of the shooting at Tuesday's hearing. They say the footage will demonstrate that the 18-year-old woman was only one of thousands who witnessed the killing. The defense argues the video, filmed from just a few feet from Kirk, is highly graphic and that showing it would violate Robinson's right to a fair trial and risk tainting potential jurors.
The hearing has been scheduled to be televised. Defense attorneys contend that airing the footage in that setting could further prejudice the jury pool because of its graphic content.
Kirk, who is credited with mobilizing young voters who helped President Donald Trump win the 2024 election, was killed in the incident. His death has been cited as drawing attention to rising political violence in the United States.
Summary: The defense will argue the prosecution should be disqualified because the lead prosecutor's daughter witnessed the killing and because the county attorney sought the death penalty within a week of Charlie Kirk's death. Prosecutors plan to show video evidence at a televised hearing to underscore the number of witnesses; the defense warns the footage would prejudice jurors and infringe on the defendant's right to a fair trial.
- Hearing details: The motion to disqualify and a request to show the shooting video will be considered by Judge Tony Graf in Provo, Utah.
- Pleas and preliminary hearing: Robinson will not enter a plea until after a preliminary hearing tentatively set for mid-May.
- Prosecution stance: Prosecutors say the death-penalty decision responds to the violent nature of the murder and the danger it posed to others.