Tyler Robinson is charged with aggravated murder in Kirk's Sept. 10 assassination on the Utah Valley University campus in Orem, just a few miles north of the Provo courthouse. Prosecutors with the Utah County Attorney's Office plan to seek the death penalty if Robinson is convicted. Robinson has not yet entered a plea.
An 18-year-old child of a deputy county attorney attended the campus event where Kirk was shot. The child, whose name was redacted from court filings, later texted with their father in the Utah County Attorney's Office to describe the chaotic events around the shooting, the filings from prosecutors and defense lawyers state.
Defense attorneys say that personal relationship is a conflict of interest that “raises serious concerns about past and future prosecutorial decision-making in this case,” according to court documents. They also argue that the “rush” to seek the death penalty against Robinson is evidence of “strong emotional reactions” by the prosecution and merits the disqualification of the entire team.
Prosecutors have asked District Judge Tony Graf to deny the disqualification request.
“Under these circumstances, there is virtually no risk, let alone a significant risk, that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case,” Utah County Attorney Jeffrey Gray said in a filing.
Prosecutors have said text messages and DNA evidence connect Robinson to the killing. Robinson reportedly texted his male romantic partner that he targeted Kirk because he “had enough of his hatred.”
