Tyler Robinson's defense team want prosecutor thrown off Charlie Kirk case because their child was present at assassination
Charlie Kirk's alleged killer Tyler Robinson returns to court today as his defense team attempts to get prosecutors removed from the case.
On September 10, right-wing political activist Charlie Kirk was shot dead by a single bullet to the neck while talking at a Utah Valley University (UVU) debate in front of around 3,000 people.
The graphic moment was since shared in videos online, while Kirk's controversial views on gun violence, as well as his widow Erika Kirk, were thrust into the international spotlight.
After a 30-hour manhunt, 22-year-old Tyler Robinson turned himself in to the Washington County Sheriff’s Office.
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He has since been charged with a slew of crimes, including aggravated murder, as well as felony discharge of a firearm causing serious bodily injury and two counts of obstruction of justice for moving a firearm and disposing of clothing. Robinson is yet to enter a plea.
Robinson last appeared in court on January 16 as his defense team claimed the prosecution was unsuitable due to an alleged conflict of interest.
This is because one of the deputy prosecutor's 18-year-old children was apparently at the event where Kirk was shot, as CNN reports.
What is a conflict of interest?
As Cornell Law School explains, this is concerning 'ethical problems that may arise between parties with a preexisting relationship.'
"In law, a conflict of interest arises between an attorney and a client if the interests of the attorney, a different client, or a third-party conflict with the interests of the present client."
The entire office of Utah County Attorney Jeffrey Gray should be removed because 'no effort was made to shield their prosecution of this case from his conflict,' Robinson's defense team have said, according to a motion to disqualify filed in December.
The team referred to Utah's Code of Judicial Administration, which says attorneys can't be involved in cases with 'a concurrent conflict of interest.'
However, County Attorney Gray's team deny any conflict of interest as the adult child and UVU student apparently 'did not see Charlie get shot' and 'did not see anyone (in the crowd or elsewhere) with a gun,' as per court documents.
The 18-year-old will not be called forward as a witness to the case as their knowledge of what happened is 'based entirely on hearsay'.
What will happen in court today?
The hearing will pick up where it left off in January; Gray will finish his testimony, then three more witnesses will be called forward.
These are the prosecutor in question, his adult child and an investigator with the county attorney’s office.
If a judge rules there is a conflict of interest, then it's unlikely the entire attorney's office would be taken off the case.
As Paul Cassell, a criminal law professor at the University of Utah’s S.J. Quinney College of Law told CNN, the next step would more likely be 'disqualifying a person who has been tainted by a particular conflict,' instead of an entire office.
The entire office being removed would be a serious step as the county attorney is an elected official.
“If you disqualify an entire office, you’re essentially invalidating the results of the election,” Cassell said.
He also said, in his opinion, the chances of a judge agreeing there was a conflict of interest are 'very, very low'.
What happens next?
Robinson's arraignment will not take place until after his preliminary hearing, which is currently scheduled for May 18 and expected to last for three days.
Prosecution is seeking the death penalty, although Kirk's wife Erika previously spoke out about forgiving her husband's killer.
When asked if she wants to see Robinson face the death penalty, she told the New York Times: "I’ll be honest. I told our lawyer, I want the government to decide this. I do not want that man’s blood on my ledger.
“Because when I get to heaven, and Jesus is like, ‘Uh, [an] eye for an eye? Is that how we do it?’ And that keeps me from being in heaven, from being with Charlie?”
Topics: Charlie Kirk, Tyler Robinson, Utah, Court, Crime, US News
Ellie Kemp