Robinson defense seeks to bar death penalty if prosecutor found in contempt
Tyler Robinson’s lawyers asked a Utah judge to prevent the death penalty if a prosecutor is held in contempt for media comments about a bullet fragment, while also challenging the admissibility of certain evidence at the upcoming preliminary hearing.
Attorneys for Tyler Robinson, charged with the killing of activist Charlie Kirk, petitioned a Utah district court to remove the death penalty as a sentencing option if prosecutor Christopher Ballard is found in contempt of a pre-trial publicity order. The defense argues that Ballard’s remarks to several media outlets about an inconclusive ballistics report violated the order that limits public statements about the case.
"I find no credibility in Mr. Ballard’s sworn testimony that he only intended to communicate with the media generally about bullet fragment analysis," defense lawyer Richard Novak said.
Ballard testified that his comments were intended to clarify media inquiries arising from a defense filing that noted the Bureau of Alcohol, Tobacco, Firearms and Explosives could not link the bullet recovered at autopsy to the rifle allegedly used by Robinson. He maintains that the remarks did not breach the order because they addressed public information and aimed to counteract misinformation.
The defense also requested that, should the court deem Ballard in contempt, the primary remedy be to prohibit the state from seeking the death penalty. Novak suggested alternative sanctions could include mandatory continuing-education or a referral to the state bar.
In a separate hearing, the court considered the defense’s objection to the use of a video deposition of a key witness at the preliminary hearing scheduled for July 6. Prosecutor Ballard argued that the preliminary hearing’s purpose is limited to establishing probable cause, not to provide a full right to cross-examination, a position the judge will rule on by June 22.
Robinson faces charges of aggravated murder, felony use of a firearm, obstruction of justice and witness tampering and has not yet entered a plea. Prosecutors announced in September that they intend to pursue the death penalty if the case proceeds to trial.
