Defense In Charlie Kirk Case Claims Prosecutor Has Conflict of Interest
The defense team representing the man accused of assassinating conservative activist Charlie Kirk is attempting to sideline Utah County prosecutors, arguing that an alleged conflict of interest threatens the integrity of the case.
Tyler Robinson, 22, faces an aggravated murder charge in the Sept. 10 shooting that killed Kirk during a campus event at Utah Valley University in Orem. Prosecutors have announced their intention to pursue the death penalty if Robinson is convicted, underscoring the gravity of the crime and the national attention surrounding it.
In a motion filed with the court, Robinson’s attorneys claim that an adult child of a deputy Utah County attorney attended the event where Kirk was gunned down and later discussed what happened with the prosecutor. The defense argues this interaction could compromise prosecutorial neutrality and infringe on Robinson’s right to a fair trial.
The Utah County Attorney’s Office forcefully rejected that assertion. In filings opposing the motion, prosecutors stated that the deputy attorney’s child did not witness the shooting firsthand, possesses no material or evidentiary information, and would not be called as a witness. The office further emphasized that the decision to seek capital punishment was grounded solely in evidence and legal standards, not personal emotions or connections.
“This is one of those motions I find ridiculous,” Donna Rotunno, a Chicago criminal defense attorney and Fox News contributor, told the outlet. “Normally I like to see a vigorous defense and attorneys doing everything they can to protect their client, but this is one that I find frivolous in nature.”
Rotunno stressed that the mere presence of a relative at a public event does not automatically constitute a conflict. “If the family member was the victim, then maybe this is an issue,” she said. “If Erika Kirk was related to a prosecutor, they would have more ground to stand on.”
A preliminary hearing is scheduled for May, and the judge has not yet ruled on whether the prosecution team will be disqualified.
Legal experts note that prosecutors are typically recused only when a demonstrable conflict exists that could realistically undermine a defendant’s right to a fair trial. In a high-profile shooting at a widely attended public event, incidental connections are not unusual.
“The legal system takes conflicts of interest seriously, but a prosecutor isn’t automatically disqualified just because someone in their family witnessed a traumatic event connected to the case,” Randolph Rice, a Baltimore-based attorney and legal analyst, told the outlet. “The key issue is whether that relationship creates a real risk that decisions are being driven by emotion instead of evidence.”
Rice added that courts usually demand “a clear, direct conflict that threatens the defendant’s right to a fair trial” before removing an entire prosecutor’s office. At the same time, he acknowledged the heightened scrutiny that comes with a capital case. “Prosecutors also have a duty to avoid even the appearance of impropriety, especially in a high-profile capital case where public trust is already on edge,” he said.
The stakes are enormous. Should Robinson’s motion succeed, a new prosecutorial team could reassess whether the death penalty remains appropriate. Rice noted that such substitutions, while uncommon, do occur. “I have had cases in the past where we had to bring in a different prosecutor because we were prosecuting an individual who was tangentially related to an employee in the office,” he said, adding that similar steps have been taken with judges in sensitive cases.
The killing of Charlie Kirk — a prominent conservative voice — has reverberated nationwide during President Donald J. Trump’s second term, intensifying concerns about political violence and the safety of public discourse. Robinson surrendered after a manhunt and now faces multiple charges, including aggravated murder, felony discharge of a firearm, obstruction of justice, and witness tampering.