Prosecutors plan to seek the death penalty against Tyler Robinson, 22, who is charged with aggravated murder in the Sept. 10 assassination of the conservative activist on the Utah Valley University campus in Orem. Robinson has not yet entered a plea.
Robinson’s attorneys urged the judge to remove the Utah County Attorney’s Office because they allowed a deputy county attorney to work on the case despite knowing that his adult daughter was in the audience when Kirk was shot.
State District Judge Tony Graf ruled Tuesday that there is “not a significant risk” that Deputy Utah County Attorney Chad Grunander's loyalty to his daughter will affect his work or interfere with Robinson's rights.
“Prosecutors need not be immune to the emotional response of others to prosecute a case,” Graf said.