A Utah judge has ruled that a prosecutor violated a court order by making public comments about the evidence in the murder case of conservative activist Charlie Kirk, but declined to remove the death penalty as a possible punishment for the accused.
Tyler Robinson is charged with aggravated murder and other felonies for allegedly shooting Kirk during a September event at Utah Valley University in Orem. Utah County Attorney Jeff Gray has announced his intention to seek the death penalty.
Defense attorney Richard Novak argued that Deputy Utah County Attorney Christopher Ballard violated a gag order when he responded to reporters’ questions about evidence detailed in court documents. Judge Tony Graf agreed on June 26 that some of Ballard’s comments crossed the line, finding him in civil contempt.
The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework, Graf said.
The controversy began when Robinson’s attorneys filed a court document revealing that the Bureau of Alcohol, Tobacco, Firearms and Explosives could not identify a bullet recovered at autopsy to the rifle allegedly linked to Robinson. Graf noted the report was treated as a bombshell that exonerates Robinson by news outlets and on social media.
Ballard told USA TODAY and other media that he could not comment on the forensic testing due to ethical rules but spoke generally about inconclusive bullet fragment analysis. Novak argued that Ballard’s claim of speaking generally lacked credibility, saying the only appropriate remedy was to bar the death penalty.
What was going on here was an attempt to influence the jury pool, Novak said. That is the remedy that is commensurate with the extreme recklessness and the motives of the state.
Deputy Utah County Attorney Ryan McBride disputed this, saying Ballard took a measured and deliberate approach to avoid violating the court’s order. Graf noted that Ballard went further by telling TMZ prosecutors have ample evidence to show Robinson committed the murder, which violated rules against expressing opinions about guilt or innocence.
To address potential jury bias, Graf said the court will consider measures like additional jury questionnaires, and Robinson will be compensated for attorney’s fees and costs related to the contempt proceedings.
