A Utah judge is scheduled to issue a ruling on Friday regarding a defense team's motion to preclude the death penalty as a potential sentence for Tyler Robinson, who faces charges in the assassination of Charlie Kirk. The defense argues that prosecutors violated a court-issued gag order and state court regulations.
Judge Tony Graf Jr. will determine if any violations of his gag order or Utah's court rules occurred and, if so, what appropriate sanctions should be imposed. Robinson's legal counsel contends that the only suitable recourse for such violations is to eliminate the possibility of capital punishment. Prosecutors, however, maintain that this would constitute a disproportionate response, should the judge side with the defense's claims.
"The only way that this Court can demonstrate that its orders, and the ethical rules that counsel must obey, are not optional when it comes to the State’s attorneys, even in this case, is to impose the sanction undersigned counsel have urged upon this Court: striking the State’s death notice," the defense filing stated, signed by attorneys Kathryn Nester, Richard Novak, Michael Burt, and Staci Visser.
Judicial Review of Gag Order Allegations
Prosecutors have countered these allegations, asserting that they did not breach the gag order or any other court protocols. They claim their actions were aimed at "setting the record straight" following what they described as a misleading statement from a defense filing. This defense statement, they argue, led to widespread news coverage suggesting that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) could not link the bullet that killed Charlie Kirk to the suspected murder weapon, Robinson's grandfather's rifle.
According to court documents, the ATF's tool mark analysis regarding the bullet fragment recovered from Kirk and Robinson's grandfather's rifle was inconclusive, meaning the agency could neither definitively identify nor exclude the rifle as the source. Nevertheless, the caliber of the bullet was consistent with the rifle, and a spent casing found at the scene was determined to be a match.
Prosecutors contend that neither the gag order specific to Robinson's case nor broader state court rules prevented them from correcting what they perceived as inaccuracies in the defense's public court submissions.
Conflicting Arguments Over Evidence and Media Statements
The prosecution has previously indicated its intention to pursue the death penalty if Robinson is found guilty of the assassination of Kirk, which allegedly occurred during a Turning Point USA event at Utah Valley University on September 10, 2025.
This legal dispute has escalated into a contentious exchange between the two sides. Prosecutors accuse the defense of disseminating misleading information through court filings, while the defense, in turn, has accused prosecutors of "hubris" in their responses, citing a series of media interviews that they argue violated the existing gag order.
The Path Forward for the Accused
Tyler Robinson is expected to participate in the upcoming ruling remotely from his detention facility. He has not yet entered a plea in the case, and a plea is not anticipated until after his preliminary hearing, which is scheduled to span more than a week in early July.
