The Utah judge presiding over the Charlie Kirk murder case has held prosecutors in contempt of court over comments they made to media organisations about defendant Tyler Robinson.
Judge Tony Graf said on Friday, June 26, that the comments violated his restrictions on what the two sides can say about the case outside of court.
Charlie Kirk case prosecutor’s media comments:
According to CNN, the defense’s contempt motion stemmed from comments prosecutor Christopher Ballard, also a spokesperson for the Utah County Attorney’s Office, made to media outlets this spring about an inconclusive ballistics report mentioned in a defense filing.
While trying to clarify the results of the report to reporters, Ballard also referenced the strength of the state’s case against Tyler Robinson, statements the judge on Friday found risked prejudicing the jury pool.
“Those additional public statements possessed a substantial likelihood of materially prejudicing the proceedings by communicating the prosecutor’s assessment of the defendant’s guilt,” Judge Tony Graf said in issuing his ruling.
Death penalty still on table:
Still, Graf stopped short of granting a defense request that he prohibit the state from seeking the death penalty if Robinson is convicted at trial.
Graf said he would consider additional measures during jury selection to address any potential effects Ballard’s comments could have on the jury pool.
The defense will also be allowed to recoup legal fees related to the contempt proceedings, he said.
The decision to keep the death penalty on the table was a blow to Robinson, 23, who faces charges of aggravated murder, felony use of a firearm, obstruction of justice, witness tampering and committing a violent act in the presence of a child in connection with the fatal shooting of Kirk. Robinson has yet to enter pleas.
Robinson lawyers request to eliminate death penalty:
Graf’s decision was initially expected Monday, when he ruled on separate motions related to the admissibility of hearsay evidence during Robinson’s upcoming preliminary hearing and a motion to quash a subpoena for a key out-of-state witness the defense wanted to call.
At the start of Monday’s hearing, Graf said because both parties had “submitted additional briefing” on the matter following a June 12 evidentiary hearing, “the court requires additional time to complete this thorough review.”
Those documents related to the defense’s request that Graf eliminate the death penalty in the case if he found prosecutors in contempt for speaking to the media about ballistics evidence.
Prosecutors filed a written objection to the request, calling it “grossly disproportionate to the alleged misconduct.”
“To the extent the Court finds that the prosecution could have made a better statement, it certainly is not a misstep that warrants the drastic and never-before-imposed remedy of reducing the aggravated murder charge to a first-degree felony,” the document says.
Robinson’s defense fired back a day later, calling the state’s objection “uninvited” and saying the court did not request nor authorize “any written post-hearing briefing.”
Robinson’s defense attorneys suggested lesser penalties could include ordering Ballard to attend a continuing education program or a referral to the state bar association.
