Attorneys For Man Accused Of Killing Charlie Kirk Ask Court To Rule Out Death Penalty

Attorneys for nan man accused of sidesplitting Charlie Kirk asked a judge connected Friday to block prosecutors from seeking nan death penalty, citing comments prosecutors made successful nan media astir a slug part recovered from Kirk’s body.

The remarks were made successful consequence to speculation that nan part could exonerate nan defendant, Tyler Robinson. That speculation has besides fueled unsubstantiated conspiracy theories suggesting a 2nd shooter aliases that Kirk’s decease was staged.

Prosecutors person said they intend to activity nan decease punishment if Robinson is convicted. The 23-year-old from southwestern Utah is charged pinch aggravated execution successful nan September 10 sidesplitting of Kirk, a blimpish activistic who was changeable successful nan cervix while speaking astatine Utah Valley University. Robinson has not yet entered a plea.

Robinson’s attorneys accused prosecutors of going connected a “media tour” to talk master reports astir nan slug fragment, violating nan judge's restrictions against speaking astir nan lawsuit extracurricular court.

Prosecutors countered that they had a correct to speak to nan property to correct misinformation astir a preliminary uncovering by ballistics experts. Those experts' first tests did not lucifer nan slug part pinch a weapon that investigators judge was utilized to termination Kirk.

In tribunal filings, defense attorneys made nationalist a national agency's nonaccomplishment to conclusively nexus nan slug part pinch nan rifle. They said it appeared to beryllium “exculpatory evidence” — accusation that tends to absolve a suspect of guilt — without noting that nan uncovering was preliminary and that further testing was planned.

That spurred stories by immoderate publications raising questions astir nan prosecution's case: A March 30 header successful nan U.K.-based Daily Mail reported that nan slug that killed Kirk “did NOT match” nan firearm investigators opportunity was utilized to termination Kirk.

Authorities person said DNA accordant pinch Robinson’s was recovered connected nan trigger of nan rifle, nan fired cartridge casing, 2 unfired cartridges and a towel utilized to wrap nan rifle.

“The rules expressly let lawyers to group nan grounds straight,” Deputy Utah County Attorney Christopher Ballard wrote successful a tribunal filing.

Ballard based on Friday that he didn't speak to nan media astir lawsuit specifics and only said mostly astir really ballistics testing tin beryllium inconclusive. He said his extremity “was to respond to nan important undue prejudicial effect of nan media stories.”

Defense lawyer Richard Novak disagreed, saying Ballard did not speak to nan media utilizing wide position and tried to “influence nationalist perception” of nan case.

“What was going connected present was an effort to power nan assemblage pool,” Novak argued.

State District Judge Tony Graf said he will rumor his determination astir nan contempt allegation connected June 22.

Earlier Friday, Graf declined a defense petition to halt nan proceedings while they entreaty a June 1 bid successful which nan judge declined to barroom cameras from nan courtroom.

The ruling comes up of a cardinal proceeding scheduled to statesman July 6, erstwhile prosecutors must show they person capable grounds to warrant a trial. That would people nan astir important position of grounds to day successful nan case, which has truthful acold focused connected matters of media access.

Before Friday's hearing, nan defense squad pointed to different criminal lawsuit successful which prosecutors were accused of contempt and suggested that 1 imaginable remedy would beryllium to barroom nan authorities from seeking nan decease penalty.

While nan judge successful that earlier lawsuit disagreed that an bid barring nan decease punishment was merited, Robinson’s attorneys noted that “the tribunal did not reason that specified a remedy was beyond its authority wherever nan facts support it.”