Utah prosecutors held in contempt in Charlie Kirk murder case over guilt comments
A Utah judge held prosecutors in contempt for publicly stating that defendant Tyler Robinson murdered Charlie Kirk. The death penalty was not removed as a sanction.
Utah judge sanctions prosecutors in Charlie Kirk assassination trial
A Utah judge held prosecutors in contempt of court on Friday over public statements they made about the guilt of Tyler Robinson, the 23-year-old charged with the murder of conservative activist Charlie Kirk, ABC News US reports.
Judge Tony Graf ruled that the comments violated his existing restrictions on what attorneys involved in the case may say publicly. Graf, however, denied a defense request to remove the death penalty as a sentencing option, calling such a remedy "grossly disproportionate" to the misconduct.
Robinson has not yet entered a plea. He is charged with aggravated murder in connection with the Sept. 10 assassination of Kirk, a prominent ally of President Donald Trump who was shot in the neck while speaking before a crowd of thousands at Utah Valley University in southwestern Utah.
Defense attorneys had accused Deputy Utah County Attorney Christopher Ballard of attempting to influence the jury pool by conducting what they described as a "media tour" focused on ballistics evidence. During that tour, Ballard told media organizations that prosecutors had sufficient evidence to prove Robinson committed the murder.
Ballard maintained he had a right to address the press in order to correct what he called misinformation. The dispute centered on early ballistics test results: initial findings did not link a bullet fragment to the rifle investigators believe was used in the killing. That discrepancy prompted reporting by several outlets — including a March 30 headline in the U.K.-based Daily Mail stating the bullet "did NOT match" the suspected weapon — and fueled unsubstantiated theories about a possible second shooter or a staged death.
Graf ruled that Ballard's comments about the inconclusive ballistics results did not themselves breach the court's publicity order. The violation, Graf said, came when Ballard went further and stated that prosecutors had "ample evidence to demonstrate beyond a reasonable doubt that Tyler Robinson committed this murder." Those additional statements, the judge found, carried a "substantial likelihood" of prejudicing the proceedings.
Graf noted that the contempt finding carried no implication regarding the charges or Robinson's guilt. "Its sole purpose is enforcement of a narrowly tailored publicity order governing attorney conduct," the judge said. He also said the underlying risk to juror impartiality could be addressed through the voir dire process — the screening and questioning of potential jurors intended to identify and exclude those who may already hold biased views.
Graf further noted that the statements were not made with any malicious intent to taint the jury pool.
Authorities have previously disclosed that DNA consistent with Robinson's profile was found on the trigger of the rifle, a fired cartridge casing, two unfired cartridges, and a towel used to wrap the weapon. Both sides have expressed concern that sustained media attention and the spread of misinformation could complicate the selection of an impartial jury.
The Associated Press said it left telephone and email messages seeking comment from prosecutors and Robinson's defense attorneys.
Source: ABC News US