A Utah judge refused a defense motion to disqualify the entire Utah County Attorney’s Office from prosecuting Tyler Robinson for the assassination of conservative leader Charlie Kirk.
Judge’s Ruling
The ruling clears prosecutors to continue seeking the death penalty.
Robinson’s team argued the office was compromised because a deputy prosecutor’s child attended the Turning Point USA event at Utah Valley University where Kirk was killed.
They sought the recusal of the whole office rather than just the individual attorney.
The court found that the connection did not create the appearance of bias sufficient to force removal.
Utah District Court Judge Tony Graf said, “The court is unpersuaded that Mr. Grunander’s relationship with (his child) creates an appearance of bias in this case.”
Grunander testified that his 18-year-old child, a UVU student, attended the event and that the teen did not witness the shooting or identify a suspect.
Prosecutors told the court the teen was not in a position to identify the shooter.
After the killing Grunander disclosed his child’s attendance to colleagues and Utah County Attorney Jeffrey Gray later assigned him to help prosecute Robinson.
Gray told the court the child’s presence was “completely irrelevant” to decisions including the decision to seek the death penalty.
The office notified Robinson’s lawyers of the potential issue on Oct. 20, about a month after Kirk’s death.
Defense attorney Richard Novak criticized the timing and accused Gray of an “inappropriately casual approach.”
Novak argued that decisions about charges and pursuing capital punishment should not have been made with Grunander’s involvement.
Novak urged full recusal as a matter of proper process rather than pointing to direct prejudice.
Grunander testified that his child was not in the “zone of danger” and that he was not affected in his judgment.
He warned the court that the office’s disclosure and caution should not be construed as admitting any conflict.
Judge Graf rejected the recusal request and allowed the Utah County Attorney’s Office to remain on the case.
Robinson faces charges including aggravated murder, felony use of a firearm, obstruction of justice, and witness tampering, along with victim-targeting enhancements.
Prosecutors have also cited the aggravating factor of committing a violent offense in the presence of a child and say he could face the death penalty if convicted.
Robinson has not entered a plea and his preliminary hearing is scheduled to begin May 18 and is expected to last three days.
An arraignment will follow the preliminary hearing.
Attorney Kathy Nester did not attend Tuesday’s virtual hearing and is also representing Kouri Richins in a separate high-profile murder trial.
With the recusal denied prosecutors will continue building what they describe as a capital case in the assassination of a leading young conservative voice.
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