Defense attorneys for Tyler Robinson have filed a request with a Utah judge to dismiss prosecutors' recent opposition to their motion to eliminate the death penalty as a potential sanction for alleged violations of a gag order. The defense argues that the death penalty should be removed due to prosecutors discussing the case outside of court. In their filing, the defense stated that imposing such a sanction would demonstrate that court orders and ethical rules are mandatory for state attorneys.
Prosecutors contend that they did not breach the gag order when they responded to what they described as a misleading statement from the defense, which led to widespread media coverage suggesting that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) could not link the bullet that killed Charlie Kirk to Robinson's grandfather's rifle. The ATF's analysis was inconclusive, indicating that while the caliber was consistent, they could neither identify nor exclude the rifle as the source of the bullet fragment.
Prosecutors have indicated their intention to seek the death penalty if Robinson is convicted of the assassination of Kirk during a Turning Point USA event on September 10, 2025. The dispute has escalated, with both sides accusing each other of disseminating misleading information. The defense is requesting that the court strike the prosecution's written opposition, arguing that it was submitted without prior coordination and that the judge did not specifically request it.
Prosecutors argue that removing the death penalty would be an excessive response to the alleged misconduct, stating that their actions were permissible under state law to correct what they perceived as misleading statements from the defense. The judge, Tony Graf Jr., is expected to make a decision on the matter during a virtual hearing on Monday.