Lawyers for man accused of killing Charlie Kirk try to block prosecutors
from seeking death penalty
[June 13, 2026]
By HANNAH SCHOENBAUM and MATTHEW BROWN
PROVO, Utah (AP) — Attorneys for the man accused of killing Charlie Kirk
asked a judge Friday to block prosecutors from seeking the death penalty
as punishment for comments they made in the media about a bullet
fragment recovered from Kirk’s body.
The comments were made in response to speculation that the bullet
fragment could exonerate defendant Tyler Robinson. Conjecture over the
evidence in Kirk’s killing has fueled unsubstantiated conspiracy
theories that there might have been a second shooter or that his death
was staged.
Prosecutors have said they intend to seek the death penalty if Robinson
is convicted. The 23-year-old from southwestern Utah is charged with
aggravated murder in the Sept. 10 killing of Kirk, a conservative
activist who was shot in the neck while addressing a crowd of thousands
at Utah Valley University. Robinson has not yet entered a plea.
Robinson’s attorneys accused prosecutors of going on a “media tour” to
discuss expert reports about the bullet fragment, violating the judge's
restrictions against speaking about the case outside court.
Prosecutors countered that they had a right to speak to the press to
correct misinformation about a preliminary finding by ballistics
experts. Those experts' initial tests did not match the bullet fragment
with a gun that investigators believe was used to kill Kirk.
In court filings, defense attorneys made public a federal agency's
failure to conclusively link the bullet fragment with the rifle. They
said it appeared to be “exculpatory evidence” — information that tends
to absolve a defendant of guilt — without noting that the finding was
preliminary and that further testing was planned.
That spurred stories by some publications raising questions about the
prosecution's case: A March 30 headline in the U.K.-based Daily Mail
reported that the bullet that killed Kirk “did NOT match” the rifle
investigators say was used to kill Kirk.
Authorities have said DNA consistent with Robinson’s was found on the
trigger of the rifle, the fired cartridge casing, two unfired cartridges
and a towel used to wrap the rifle.
“The rules expressly allow lawyers to set the record straight,” Deputy
Utah County Attorney Christopher Ballard wrote in a court filing.
[to top of second column]
|
Tyler Robinson, accused in the fatal shooting of Charlie Kirk,
appears during a hearing in 4th District Court in Provo, Utah, on
Friday, June 12, 2026. (Francisco Kjolseth /The Salt Lake Tribune
via AP, Pool)
Ballard argued Friday that he didn't speak to the media about case
specifics and only spoke generally about how ballistics testing can
be inconclusive. He said his goal “was to respond to the substantial
undue prejudicial effect of the media stories.”
Defense attorney Richard Novak disagreed, saying Ballard did not
speak to the media using general terms and tried to “influence
public perception” of the case.
“What was going on here was an attempt to influence the jury pool,”
Novak argued.
State District Judge Tony Graf said he will issue his decision about
the contempt allegation on June 22.
Earlier Friday, Graf declined a defense request to halt the
proceedings while they appeal a June 1 order in which the judge
declined to bar cameras from the courtroom.
The ruling comes ahead of a key hearing scheduled to begin July 6,
when prosecutors must show they have enough evidence to warrant a
trial. That would mark the most significant presentation of evidence
to date in the case, which has so far focused on matters of media
access.
Before Friday's hearing, the defense team pointed to another
criminal case in which prosecutors were accused of contempt and
suggested that one potential remedy would be to bar the state from
seeking the death penalty.
While the judge in that earlier case disagreed that an order barring
the death penalty was merited, Robinson’s attorneys noted that “the
court did not conclude that such a remedy was beyond its authority
where the facts support it.”
___
Brown reported from Billings, Montana.
All contents © copyright 2026 Associated Press. All rights reserved |
