Utah judge rejects bid to disqualify prosecutors in Charlie Kirk case

By Andrew Hay

Feb 24 (Reuters) - A Utah judge on Tuesday rejected a bid by lawyers for the alleged killer of conservative activist Charlie Kirk to disqualify a team of prosecutors that included a lawyer whose daughter had witnessed the killing as the victim spoke on a stage.

The decision by District Court Judge Tony Graf was in response to a challenge by defense lawyers for Tyler Robinson, who contended prosecutors from the Utah County Attorney's Office had a conflict of interest due to the presence of the 18-year-old daughter of a senior attorney at Kirk's September 10 murder.

Robinson's attorneys said the prosecutors' decision less than a week later to seek the death penalty showed a "strong emotional reaction" from Chad Grunander, the senior prosecutor at the county attorney's office whose daughter alerted him to the murder in a string of text messages.

Grunander testified that his daughter's presence at the shooting did not play any role in Utah County Attorney Jeffrey Gray's decision to seek the death penalty.

In a decision issued from the bench and live-streamed, Graf said the ultimate charging decision rested solely with Gray and was grounded in evidence against Robinson.

“His (Gray’s) decision to seek the death penalty was based upon his assessment that the death penalty is appropriate,” Graf said in his verbal ruling. “His (Grunander’s) daughter’s presence at the rally did not materially influence Mr. Gray's decision-making," the judge said, adding that the decision to seek the death penalty was "supported by credible testimony."

Robinson was not on camera and spoke only once, to tell the judge he was able to hear the proceedings.

The 22-year-old was studying to be an electrician at the time of the shooting. Robinson is accused of firing a single round from a rooftop that struck down Kirk as he debated students at Utah Valley University in Orem during a tour of U.S. colleges.

Kirk was credited with mobilizing young voters who helped President Donald Trump win the 2024 election. His assassination on stage in front of hundreds of onlookers was a stunning public display of mounting political violence in the U.S.

In a February 3 hearing, Grunander testified that his daughter followed Kirk online and was excited to see him speak in person.

Graf said there was no evidence that Grunander or any member of his family was biased regarding Robinson.

The suspect is charged with aggravated murder, witness tampering and obstruction of justice. He will not enter a plea until after a preliminary hearing, tentatively scheduled for mid-May.

Graf scheduled the next hearing for March 13 and set an evidentiary hearing on April 17.