Motion to disqualify prosecutors in Robinson's trial is denied

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(The Center Square) – A judge Tuesday rejected defense lawyers’ motion to disqualify the Utah County Attorney’s Office as the prosecution team in the case of Tyler James Robinson, charged with the murder of conservative leader Charlie Kirk.

The attorneys did not show that a significant risk to Robinson’s constitutional right to due process was posed by prosecutor Chad Grunander’s adult daughter being at the Utah Valley University rally where Kirk was shot and killed on Sept. 10, Judge Tony Graf Jr. ruled at the Fourth Judicial District Court in Provo, Utah. Kirk was a Scottsdale, Ariz. resident who cofounded Phoenix-based Turning Point USA and was speaking at the rally where he was killed.

“Defendant has not shown prosecution by the Utah County Attorney’s Office is tainted,” Graf said during the virtual hearing. 

“The court is unpersuaded that Mr. Grunander’s relationship creates bias,” Graf said, ruling from his courtroom.

Attorneys representing prosecution, defense and media participated in the hearing from their offices. Robinson participated by audio only from the Utah County Jail and spoke only one time, to confirm to Graf that he could hear everyone.

Graf said Grunander’s daughter’s presence did not influence Utah County Attorney Jeff Gray’s decision to seek the death penalty if Robinson is convicted of aggravated murder. The judge also noted the ultimate decision to file charges against Robinson was made by Gray, not Grunander, who is the chief deputy in Gray's office.

Graf added the Utah County Attorney’s Office has not called the daughter as a witness for the prosecution.

The judge also cited various unrelated cases to show where there was prosecutorial bias and said those conditions did not exist in the Robinson case.

After announcing his ruling, Graf spent the rest of the hearing consulting with attorneys about court dates for the next hearings. The judge ultimately set a three-hour hearing for March 13 and an all-day hearing for April 17. Both hearings are scheduled to start at 10 a.m. Mountain Standard Time.

Robinson, 22, is charged with seven counts, six of which are felonies. They include aggravated murder and multiple counts of witness tampering and obstruction of justice.