Judge Rejects Bid To Oust Prosecutors From Charlie Kirk Assassination Case

A Utah judge dismissed an attempt by Tyler Robinson’s defense team to have the prosecution disqualified on Tuesday, dealing yet another blow to the attorneys defending the man accused of assassinating Charlie Kirk. 

Robinson’s attorneys argued that the prosecutors should be recused after discovering that a daughter of one of the prosecutors was present at Kirk’s event when the Turning Point USA founder was assassinated on September 10, 2025. State District Judge Tony Graf said the prosecutors can remain on the case as the daughter’s presence at the event “did not materially influence” the prosecutor’s actions in the case.

Robinson appeared virtually for Tuesday’s hearing. He has been charged with aggravated murder, which makes him eligible for the death penalty under state law. 

Judge Graf’s decision on Tuesday keeps Robinson’s trial on track as prosecutors plan to seek the death penalty. Robinson has not yet entered a plea. Robinson’s defense team argued that there was a conflict of interest for the prosecution, since the daughter of deputy county attorney Chad Grunander was in attendance at Kirk’s event at Utah Valley University last September. 

The prosecution pushed back on the defense team’s claim, saying there is no conflict of interest with Grunander’s daughter and that she did not have a direct line of sight to the shooter. Grunander’s daughter also testified in court and said she did not realize Kirk had been shot until after she ran to safety, the Associated Press reported. 

Utah County Attorney Jeffrey S. Gray said in a filing, “Under these circumstances, there is virtually no risk, let alone a significant risk, that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case.” 

Graf agreed and said on Tuesday that the daughter had “no unique, relevant information” about the assassination of Kirk that would potentially put her on the witness stand.

Robinson’s attorneys also claimed earlier this month that the prosecution’s quick decision to seek the death penalty was influenced by President Donald Trump, who said shortly after Kirk’s assassination that he hoped the killer would get the death penalty. Gray said that he wanted to decide on pursuing the death penalty quickly to avoid media speculation. 

“The longer you delay that decision … the more delay, then it just creates all this unnecessary speculation and everything else,” Gray said, adding that he did it to prevent “unnecessary angst with the families of victims … so Erika Kirk didn’t have to deal with that uncertainty.”

Judge Graf’s decision comes hours before President Donald Trump gives his State of the Union address to Congress, with Erika Kirk in attendance as one of his special guests. Daily Wire White House Correspondent Mary Margaret Olohan reported earlier on Tuesday that Trump will mention both Erika Kirk and her late husband during his speech.

Watch the State of the Union with The Daily Wire! Live coverage from the nation’s capital begins at 7:45 ET.

The decision marks yet another loss for Robinson’s defense team. Late last year, Graf said that cameras would be allowed in the courtroom for the trial, dismissing the defense team’s claim that the media’s courtroom access could result in an unfair trial for Robinson.