UMVA has learned that a heated battle is unfolding in a Utah courtroom, where defense lawyers for Tyler Robinson are pushing back against prosecutors' attempts to keep the death penalty on the table in a high-profile murder case.
Robinson's team has asked the judge to strike prosecutors' latest filing opposing their request to remove the death penalty as a sanction for alleged gag order violations. The defense argues that this would be a fitting punishment after prosecutors allegedly discussed the case outside of court.
The filing, signed by defense attorneys Kathryn Nester, Richard Novak, Michael Burt, and Staci Visser, asserts that striking the State's death notice is the only way to demonstrate that court orders and ethical rules are not optional for State attorneys, even in this case.
Prosecutors claim they did not breach the gag order or court rules when they "set the record straight" after a misleading statement from a defense filing led to widespread media coverage suggesting the ATF could not match the bullet that killed Charlie Kirk to the suspected murder weapon.
However, court records reveal that the ATF could neither confirm nor rule out Robinson's grandfather's rifle as the source of the bullet fragment, describing the tool mark analysis as inconclusive. The caliber was consistent, and a spent casing was also a match.
Prosecutors intend to seek the death penalty if Robinson is convicted of assassinating Kirk during a Turning Point USA event at Utah Valley University. The case has sparked a war of words, with prosecutors accusing the defense of releasing misleading information and the defense accusing prosecutors of "hubris" in media interviews.
Robinson's lawyers argue that prosecutors' written opposition should be stricken because the judge did not specifically request it. During a hearing, the court directed parties to address the defense's allegations orally, but did not ask for written briefs.
The defense wants prosecutors punished for speaking about the case outside court and argues that removing the potential death penalty would be an appropriate response. Prosecutors counter that this would be an overreaction, citing state law that allows attorneys to make statements to protect their client from prejudicial publicity.
Deputy Utah County Attorney Ryan McBride wrote that reducing the aggravated-murder charge from a capital felony to a first-degree felony would be disproportionate to the alleged misconduct. Prosecutors deny wrongdoing, insisting they were allowed to "set the record straight."
The case has generated significant attention, with millions of views from just one report and additional coverage in local and national media. Judge Tony Graf Jr. is expected to announce his decision on the matter in a virtual hearing on Monday.
