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A Utah judge is set to decide Monday whether prosecutors crossed a line with public comments about evidence in the murder case against Tyler Robinson, who is accused of killing conservative activist Charlie Kirk.
Defense attorneys for Robinson are asking Judge Tony Graf to prevent prosecutors from pursuing the death penalty, arguing that statements made to the media about a bullet fragment recovered from Kirk’s body could unfairly influence potential jurors.
The dispute centers on comments from the Utah County Attorney’s Office after the defense revealed that early testing was inconclusive on whether the bullet fragment matched the firearm investigators say was used in the shooting.
Robinson’s attorneys accused prosecutors, including Deputy Utah County Attorney Christopher Ballard, of attempting to shape public opinion by discussing the ballistics evidence outside the courtroom. They argued the comments could damage Robinson’s chances of receiving a fair trial.
Prosecutors pushed back, saying they responded only after speculation surrounding the case spread publicly. Ballard told the court he did not disclose specific details about the evidence and spoke only in general terms about the challenges of ballistics testing.
The high-profile case has drawn intense attention and fueled unverified theories online, including speculation about possible additional suspects. Authorities and attorneys have expressed concern that misinformation could complicate efforts to select an impartial jury.
Legal experts say the defense request is unlikely to succeed. Paul Cassell, a University of Utah law professor and former federal judge, said courts typically handle concerns about media coverage by carefully screening potential jurors rather than blocking prosecutors from seeking the maximum punishment.
“It would be extraordinary” for the judge to remove the death penalty option over the comments, Cassell said.
Robinson, 23, of southwestern Utah, has not entered a plea. Prosecutors have said they will seek the death penalty if he is convicted of aggravated murder in the Sept. 10 killing of Kirk, a close ally of President Donald Trump who was shot while speaking at Utah Valley University.
Judge Graf held a hearing last week on whether prosecutors should face sanctions over their remarks. Robinson’s attorneys also pointed to a separate Utah case involving prosecutorial conduct and argued that limiting the death penalty could be an available remedy in extreme circumstances.
A key hearing is scheduled for July 6-10, when prosecutors must present evidence showing the case should proceed to trial.
