The defense for Tyler Robinson, alleged killer of conservative activist Charlie Kirk, continued to insist during a hearing on Tuesday that the Utah County Attorney’s office had a conflict of interest that impeded their ability to prosecute the case.
The defense also continued to ask 4th District Judge Tony Graf to bar video evidence and impose additional limits on courtroom cameras. At the start of court proceedings Tuesday, Graf agreed with the defense to move the media pool photographer to the back of the courtroom, where the videographer had previously been relocated.
On Monday, Kirk’s widow Erika Kirk, filed a motion asking Graf to keep the ongoing legal proceedings open to the public.
“As this court is aware, this matter has received significant public attention. This public attention cannot be ignored. And although it is critical that this court balance the defendant’s right to a fair trial with the public’s First Amendment right of access to judicial proceedings, any request, by either party, to essentially close these court proceedings from the public eye should be denied,” Kirk and her attorney, Jeffrey Neiman, said.
“The public assassination of Mr. Kirk has profoundly affected many. Without meaningful access to these proceedings, the public will be unable to directly observe and evaluate the evidence presented, leaving a critical gap in understanding the circumstances surrounding his death,” Erika Kirk said. “In the absence of transparency, speculation, misinformation, and conspiracy theories are likely to proliferate, eroding public confidence in the judicial process. Such an outcome serves neither the interests of justice nor those of Ms. Kirk. There is no adequate substitute for open proceedings.”
Judge hears testimony on whether prosecutor has conflict of interest
Multiple witnesses testified during the hearing on whether Utah County Attorney Jeff Gray’s office should be disqualified, after the defense raised a potential conflict involving the daughter of one of the attorneys prosecuting the case.
Robinson has been charged with seven counts, including aggravated murder, in the criminal case, with prosecutors actively pursuing the death penalty.
The “Prove Me Wrong” tour event at Utah Valley University on Sept. 10 in Orem lasted only minutes before Kirk was killed. His assassination was witnessed by around 3,000 attendees at the event, including the child of one of the prosecuting attorneys.
Why might the Utah County Attorney’s office be disqualified?
During the last hearing in January, Robinson’s attorneys argued that the Utah County Attorney’s Office should be dismissed from prosecuting the case and that it should be moved to a different venue.
Testimony on that issue continue on Tuesday.
But before testimony started, Robinson’s defense informed Graf about a motion filed on Jan. 30, asking for the disqualification of the Utah County Attorney’s Office and for the case to be referred to the state Attorney General’s Office for prosecution.
Utah County Attorney Christopher Ballard responded to the defense’s attempts to disqualify them on Tuesday as a never-ending, last-minute stalling tactic.
“This feels like Groundhog Day,” Ballard said. “We’re supposed to be having an evidentiary hearing ... I think this Court would be well within its discretion to just deny that motion as untimely.”
In Ballard’s filing against the defense’s motion, viewed by the Deseret News, he further argued that state law “does not allow this Court to refer anything to the Utah Attorney General’s Office, or to require the Utah County Attorney’s Office to step aside so the attorney general can step in.”
Graf denied the referral request, saying “the court is not persuaded that those statutory conditions have been met,” as he allowed Gray’s testimony to continue.
Gray said that upon learning that one of the prosecutors had a child at the event, “I didn’t even give it a second thought after I was told. ... This is somebody that happened to be there,” he said. “What we’re concerned about is the evidence supporting the charges. That’s first and foremost, and that has nothing to do with somebody that happened to be there. I mean, quite frankly, it’s completely irrelevant to anything that matters in the case.”
Multiple testimonies given during hearing
Following Gray’s testimony, the evidentiary hearing was closed briefly to the public while the daughter of Utah County prosecutor Chad Grunander testified. Her name was not released publicly over concerns for her safety.
She testified that she was at the event, standing about 85 feet to the right side of where Kirk was sitting, and said she happened to be looking at the crowd when Kirk was shot. She said she didn’t actually witness Kirk’s murder.
She told the court she took videos of the event before the shooting occurred, but did not have her phone out recording when Kirk was shot. She didn’t even realize the “popping noise” she heard was from a bullet until a man next to her said someone was shot, she said.
She said she then texted her family that someone was shot. It was later, when she ran into the building, that she learned it was Kirk who was killed and texted her family to clarify.
Since Sept. 10, she said she has been “totally fine” and has not had to receive any therapeutic help or had to miss class or work. The defense presented her with an affidavit that she worked on with prosecutor Ryan McBride and said that other than speaking with him on the matter, she spoke with the office’s victim and witness coordinator and was interviewed by a state detective in the last two weeks.
Following her testimony, her father, Grunander, took the stand for further questioning regarding his eligibility to prosecute the case.
The state then called Utah State Bureau of Investigation Agent Dave Hall, who is one of the lead investigators in the criminal case.
Video and photo evidence presented by the state during Hall’s testimony showed Kirk’s arrival at the event, followed by footage of him tossing hats into a cheering crowd. Another video, taken by a witness, zoomed in on a corner rooftop in the UVU area and captured an individual on the roof.
The state also displayed a still image from a graphic video showing the moments immediately after Kirk was shot, though the shooting itself was not shown. In addition, prosecutors presented a screenshot from a video recorded by Kirk’s organization, Turning Point USA, which shows the back of Kirk’s head as he debates the final person he spoke with before the shooting. The image captures both the debater and the dense crowd gathered around them.
Hall’s testimony was used by the state to explain that witnesses at the event on Sept. 10 did not give any evidence on who the possible shooter was, so Grunander’s daughter being there would not motivate him in any way.
The defense argued that Gray, as head of the Utah County Attorney’s Office, failed in his supervisory role by allowing Grunander to remain on the prosecution team, with defense attorney Richard Novak calling it a “very inappropriately casual approach” to a serious issue. Defense counsel also said it undermined impartiality for Grunander to participate in discussions about whether to seek the death penalty, because he had a family member who had attended the event.
But the state said the daughter was a witness to the circumstances — like the 3,000 others in attendance and viewers who saw it online — but not to the murder, therefore not a direct witness.
“She’s not a witness,” McBride said. “She’s not necessary in this case, and as a result, there’s no conflict here.” He added that “the idea that Mr. Grunander is going to be motivated by some kind of retribution for what happened to her is just flatly false.”
Graf is scheduled to decide on the possible disqualification of the Utah County Attorney’s office during a virtual hearing on Feb. 24 at 10 a.m. Robinson is expected to attend with his camera off.