A Utah judge has denied a defense motion to remove prosecutors from the case against the man accused of killing conservative activist Charlie Kirk. The ruling addresses concerns over a potential conflict of interest involving a prosecutor's family member present at the event. The case involves serious charges stemming from a shooting at a university rally last year.
On Tuesday, State District Judge Tony Graf ruled against disqualifying the Utah County Attorney's Office in the trial of Tyler Robinson, 22, charged with aggravated murder in the September 10 shooting of Charlie Kirk at Utah Valley University in Orem. Kirk, a co-founder of Turning Point USA who mobilized young voters for President Donald Trump, was fatally shot during an outdoor rally attended by an estimated 3,000 people while taking questions from the audience.
Robinson's attorneys argued for disqualification due to a perceived conflict: the 18-year-old daughter of Deputy Utah County Attorney Chad Grunander was in the audience and texted her father about the events. The defense claimed this relationship raised concerns about prosecutorial decision-making, especially given the office's quick announcement to seek the death penalty, which they attributed to emotional reactions.
Judge Graf determined there was "not a significant risk" that Grunander's loyalty to his daughter would affect his work or Robinson's rights. The daughter testified earlier this month that she did not witness the shooting, as she was facing away from the stage, and only learned it was Kirk after fleeing to safety. She also confirmed she did not record video.
Utah County Attorney Jeffrey Gray testified that his consideration of the death penalty predated any arrest and was uninfluenced by Grunander's daughter. Graf agreed that her presence did not impact Gray's decision. Robert Church, director of the Utah Prosecution Council, supported the ruling, noting the daughter is not a witness and did not see the incident.
The judge is addressing other fairness issues ahead of trial. Full video footage of the shooting has not been shown in court following defense objections to protect Robinson's right to a fair trial. Defense attorneys have also requested barring TV cameras and photographers, citing risks from biased media coverage, though prosecutors, news organizations, and Kirk's widow advocate for open proceedings. On Monday, Graf allowed media attorneys access to certain defense motions to enable arguments against sealing documents.
