(The Center Square) – Attorneys representing Tyler James Robinson, charged with the murder of conservative leader and Arizona resident Charlie Kirk, are trying to disqualify the team of prosecutors.
The lawyers point to what they call a conflict of interest because one of the prosecutors has an adult child who was near Kirk when he was shot and killed Sept. 10 at a rally at Utah Valley University in Orem, Utah.
One of Robinson’s lawyers, Richard Novak, on Friday asked Judge Tony Graf to determine the Utah County Attorney’s Office can’t represent itself during the conflict-of-interest motion and must instead be represented by the Utah Attorney General’s Office.
In response, Utah County Attorney Jeff Gray went to the podium in the Fourth District Court in Provo, Utah, and said, “This is an ambush and another stalling tactic to delay these proceedings.”
Novak denied Gray’s accusation as Robinson, 22, listened quietly.
The defendant was dressed in a light blue buttoned shirt and a striped tie for his second in-person pretrial hearing. Occasionally during breaks during the live-streamed hearing, close-ups showed Robinson whispering with one of his lawyers.
Novak cited case law and statues showing that the Utah County Attorney’s Office could not represent itself as a motion is debated on whether there’s a conflict of interest with one of the prosecutors.
Novak noted Utah County Attorney’s Office told defense in October that the prosecutor’s offspring was at the Utah Valley University rally where Kirk, on stage, was shot and killed on Sept. 10 and was 85 feet from Kirk. He also noted the prosecutor wasn’t screened properly by the Utah County Attorney’s Office.
The names of the prosecutor and the prosecutor’s adult child have not been released.
Graf asked Novak why the defense didn’t file a motion earlier on the attorney general issue. Novak said the defense assumed prosecutors would refer the matter to the attorney general’s office and was surprised to learn the attorney general’s office had not been consulted.
Novak added Graf had the authority to bring the attorney general’s office into the case.
But prosecutor Ryan McBride argued there’s no need to refer the case to the attorney general’s office unless Graf first determines there’s a conflict of interest.
In a related matter, defense, prosecution and a lawyer representing media outlets told Graf they had no objection to the hearing being closed to protect the identities of witnesses. McBride noted it’s not uncommon for courts to refer to witnesses by their initials to protect their privacy.
“The case has polarized the nation in many ways,” McBride told Graf. “There have been death threats made against other witnesses, death threats made against counsel. Doxxing is a real thing: finding people online, harassing online. With today’s technology, it’s not hard to find out every detail about a person.”
Graf told McBride he was sensitive to safety concerns and could rule to close the hearing on a witness-by-witness basis. But the judge said he could not close the entire evidentiary hearing on the conflict-of-interest question because at some point, the name of the prosecutor with the potential conflict of interest would have to be said.
“I have to make findings of fact that are very specific. I can’t redact myself when I issue my order,” Graf said. “The name of the prosecutor is a relevant fact. I can’t simply glaze over it.
“Since I’m going to do that anyway, I’d rather address it in open court,” Graf said.
Defense witnesses for the evidentiary hearing on the conflict-of-interest question include Gray as well as the prosecutor who’s being reviewed and the prosecutor’s offspring, Novak said.
By mid-afternoon, the court was in the midst of another of several recesses that happened since the hearing started at 1 p.m. Mountain Standard Time.
Robinson is charged with seven counts, six of which are felonies. They include aggravated murder and multiple counts of witness tampering and obstruction of justice.
Gray filed a notice with the court that he intends to seek the death penalty if Robinson is convicted of murdering Kirk, who had a home in Scottsdale, Arizona. Kirk’s organization, Turning Point USA, is headquartered in Phoenix.
