Lawyers for Tyler Robinson, the man accused of assassinating conservative icon Charlie Kirk, are asking a Utah judge to prohibit prosecutors from seeking the death penalty.
The legal team claims that Utah County prosecutors violated a court gag order by giving interviews to Fox News and other outlets.
The demand came during an evidentiary hearing on Friday, before Fourth District Judge Tony Graf Jr. in Provo.
The defense is pushing for severe sanctions against the prosecution, arguing that public comments by Utah County Attorney’s Office officials prejudiced Robinson’s right to a fair trial.
Robinson, 23, faces charges including aggravated murder for the September 10 shooting of Kirk.
Prosecutors say Robinson fired a bolt-action rifle from a rooftop at Utah Valley University during a Turning Point USA event.
Kirk was killed by a single shot to the neck.
Authorities have cited evidence against Robinson, including DNA matching him on the rifle’s trigger, cartridge casing, and other items, as well as surveillance video and a note Robinson allegedly left for his partner stating he “had the opportunity to take out Charlie Kirk and I’m going to take it.”
Prosecutors are seeking the death penalty if Robinson is convicted.
Robinson’s defense team filed a motion claiming prosecutors violated the court’s pretrial publicity order and Utah rules of professional conduct by speaking publicly about the case.
The defense specifically targeted comments made by Utah County Attorney’s Office officials, including public information officer and general counsel Christopher Ballard, who appeared on Fox News and other outlets.
The comments came after media reports, triggered by a defense motion attaching an ATF ballistics report, inaccurately portrayed the evidence as inconclusive or problematic for the prosecution.
In closing arguments, defense attorney Richard Novak told the court that barring the prosecution from seeking the death penalty should be the primary remedy.
“I think that the number one remedy in this case, your honor, is for this court to preclude the state from seeking the death penalty against Mr. Robinson,” Novak said.
“The court said at an earlier time that if the court found there were violations of its order, that it could order somebody to do continuing education, it could impose fines; it could do all kinds of things under the civil remedies,” he added, according to a report from the Post Millennial.
Novak continued, “What we are talking about is the state, without any guidance from this court, going out and trying to influence the public perception of this case, so that when people come into this courtroom and they may be jurors in this case, they have been exposed to the state’s extrajudicial statements about what the evidence will or will not show before the first witness is ever sworn to testify in the trial, before any exhibits are ever received into evidence, and as Mr. Ballard said, the media spin will never change.”
WATCH:
NOW: Tyler Robinson defense counsel seeks to hold Utah prosecutors in contempt for “media tour” after dispelling rumors to the Daily Mail. pic.twitter.com/Swl8S2r9iI
— The Post Millennial (@TPostMillennial) June 12, 2026
Novak argued that the state’s public statements were an attempt to shape public perception before any evidence was presented at trial.
Ballard defended the decision to speak with the media, saying the initial wave of coverage stemmed from a March 30 Daily Mail report on the ATF ballistics report. He said subsequent coverage contained inaccuracies that created a false impression that the case had major problems.
WATCH:
Utah County Attorney’s Office general counsel and PIO Christopher Ballard DENIES violating court order, says there are no rules prohibiting him from making statements to the media about matters in the public record. pic.twitter.com/fmCKRIxOqt
— The Post Millennial (@TPostMillennial) June 12, 2026
Ballard stated that remaining silent would have allowed the misinformation to stand and potentially harm the public’s understanding of the evidence. He maintained that his comments were general in nature and did not discuss specific test results or express opinions on Robinson’s guilt.
This hearing was part of an ongoing series of aggressive motions filed by Robinson’s defense team. They have repeatedly sought to limit public and media access to proceedings, including requests to close portions of the upcoming preliminary hearing and to restrict camera access in the courtroom.
Judge Graf has largely rejected those efforts.
On June 1, he ruled that the preliminary hearing, now scheduled for July 6-10, will remain open to the public and media. He found that the defense had not shown a sufficient risk of prejudice to justify closing the proceedings.
The judge also denied a defense request to delay the preliminary hearing while they appeal his ruling on the use of cameras in the courtroom.
The post Lawyers Representing Alleged Charlie Kirk Assassin Tyler Robinson Demand Judge Take Death Penalty OFF THE TABLE Over Prosecutor Speaking to Fox News (VIDEO) appeared first on The Gateway Pundit.

