The man accused of assassinating Charlie Kirk was back in court on Friday, where a judge heard arguments on whether to hold prosecutors in contempt for comments made about the case in the media.
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Tyler Robinson, 23, appeared before Fourth District Judge Tony Graf Jr. in criminal court in Provo, Utah. The judge heard arguments on whether Deputy Utah County Attorney Christopher Ballard violated a court order by giving statements to TMZ and USA Today, and appearing on Fox News to discuss bullet evidence in the case.
Robinson’s attorneys asked the judge to rule out the death penalty in light of the media statements and appearances, arguing that they breached the judge’s order limiting out-of-court statements about the case. His lawyers have sought to restrict media coverage of the proceedings, contending that the intense public attention threatens Robinson’s right to a fair trial.
“What was going on here was an attempt to influence the jury pool because that’s the only thing that cures the prejudice, is correcting what the state is concerned are the perceptions of potential jurors,” Robinson’s attorney Richard Novak said. “And so, that is the remedy that is commensurate with the extreme recklessness and the motives of the state.”
Deputy Utah County Attorney Ryan McBride said that Ballard’s statements were “measured and thoughtful” and “not an effort to prejudice defense or the defendant.”
Graf will rule on the motion at a future hearing.
Kirk, a right-wing activist and founder of conservative youth organization Turning Point USA, was shot and killed while speaking at a campus debate at Utah Valley University in Orem, Utah last year.
Robinson turned himself in to a local sheriff’s office a day after the killing. He was charged with felony aggravated murder, felony discharge of a firearm causing serious bodily injury, two counts of felony obstruction of justice, two counts of witness tampering and commission of a violent offense in the presence of a child.
If convicted, prosecutors intend to seek the death penalty. Robinson has not yet entered a plea.
The killing and images from the scene drew weeks of global media attention.
Graf ruled on June 1 that reporters and members of the public will be allowed to access to the courtroom, though the media will be barred from viewing or copying certain exhibits that could be used at trial.
Representatives for the Utah County Attorney’s Office and Robinson did not immediately respond to requests for comment.
