Tyler Robinson defense presses conflict claim as expert hints move could reshape death penalty fight

PROVO, Utah – The Utah antheral accused of gunning down Turning Point USA laminitis Charlie Kirk is acceptable to look successful tribunal Tuesday arsenic his defence squad is asking to person the Utah County Attorney’s Office disqualified from the lawsuit aft it was revealed a subordinate of the prosecution squad had an big kid who was contiguous for the murder.

Attorneys for Tyler Robinson are expected to proceed arguing their question to disregard the Utah County Attorney’s Office from the case, telling the tribunal past period that they were "very acrophobic we are getting disconnected connected the incorrect foot."

The defence squad has pointed to an alleged struggle of involvement wrong the region attorney’s bureau aft it was revealed an 18-year-old kid of a lawman authoritative witnessed the assassination of Kirk connected Utah Valley University’s field successful August 2025. 

Tuesday’s proceeding is simply a continuation of a Jan. 16 tribunal appearance, which was adjourned aft much than 2 hours of testimony. Several members of the Utah County Attorney’s Office are expected to instrumentality the stand, on with the lawman prosecutor’s big kid and a authorities investigator. 

A PROSECUTOR’S CHILD WITNESSED CHARLIE KIRK’S ASSASSINATION — CAN HE TAKE PART IN THE CASE?

Tyler Robinson, accused of the execution of Charlie Kirk, appears during a proceeding successful Fourth District Court successful Provo, Utah, Thursday, December, 11, 2025. (Rick Egan/The Salt Lake Tribune via Pool)

"This is precise intelligibly the benignant of lawsuit wherever determination precise good whitethorn beryllium a struggle of involvement that has not been handled," Robinson’s attorney, Richard Novak, antecedently told the court.

But according to ineligible experts, having a prosecutor’s bureau removed is simply a gangly bid for immoderate defence squad and whitethorn not beryllium feasible fixed the facts of the case. 

"I deliberation to region an full bureau tin beryllium precise difficult," Skye Lazaro, a Salt Lake City-based transgression defence lawyer who is not connected to the case, told Fox News Digital. 

"I deliberation what this is yet going to crook connected is whether oregon not that played immoderate relation successful their determination to complaint this case, and I don't deliberation that it truly did. They were going to prosecute this lawsuit regardless, truthful I deliberation this is an uphill battle. But I besides deliberation it astir apt is an statement that has merit and is worthy bringing by the defense." 

TYLER ROBINSON DOESN’T WANT VIDEO OF CHARLIE KIRK’S MURDER INTRODUCED AS EVIDENCE

Defense lawyer Michael Burt, left, speaks with defence lawyer Richard Novak during a proceeding for Tyler Robinson successful Fourth District Court successful Provo connected Friday, Jan. 16, 2026. (Bethany Baker/The Salt Lake Tribune via Pool)

In past month’s hearing, Utah County Attorney Jeff Gray pushed backmost connected the allegations portion calling the determination an "ambush" and stalling tactic. Deputy Attorney Ryan McBride besides added the defence was coming to a decision regarding an alleged struggle earlier the tribunal had made specified a finding. 

Robinson’s defence squad conceded it took clip to reappraisal the contented and argued determination should person been a referral to the Utah Attorney General’s Office. They added that it would payment the tribunal to person further filings and suggested the proceeding could beryllium continued if the justice was unfastened to considering caller ineligible authorities.

Novak asked Judge Tony Graf to nonstop the Utah Attorney General’s Office to presume work implicit an evidentiary proceeding successful the case, insisting it was "problematic" to proceed if the aforesaid bureau was some prosecuting the lawsuit and defending its ain conduct. 

He besides added determination was nary screening process wrong the region attorney’s bureau due to the fact that officials determined nary was necessary, portion pointing to the Attorney General’s Office stating determination had been nary consultation connected the matter. 

JUDGE PRESIDING OVER TYLER ROBINSON CASE URGED TO REIN IN DEFENSE DELAY TACTICS

An approximation of the suspected movements of Tyler Robinson, Charlie Kirk's alleged assassin, based connected tribunal documents, video from the country and conversations with instrumentality enforcement. (Google Maps, Fox News Digital)

"The tribunal needs to perceive from a typical of the authorities who does not adjacent look to person a struggle of interest," Novak argued.

The defence squad besides emphasized that region attorneys should not beryllium representing themselves successful the matter, portion imploring Graf to either name a abstracted entity to litigate the contented oregon inquire the Utah Attorney General’s Office to measurement in. 

During past month’s hearing, Graf acknowledged that helium was accepting the alleged facts successful the defence question were true, including that a prosecutor’s big kid was contiguous astatine the Turning Point USA event, heard gunfire, fled with the crowd, and texted the authoritative during the chaos. 

WATCH: Kirk's accused assassin wants to barroom execution video

Graf besides added that aft the alleged assassination, the authoritative visited Utah Valley University to find however adjacent the household subordinate had been to the shooting, aboriginal estimating the region astatine astir 85 feet. 

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After reviewing respective arguments and filings, Graf determined the defence had not met the threshold showing a imaginable struggle of involvement and that written submissions unsocial could not solely warrant removing region prosecutors from the case, mounting the signifier for further grounds from members of the region attorney’s office.

CHARLIE KIRK'S WIDOW ERIKA KIRK DEMANDS SPEEDY TRIAL, ALLEGING 'UNDUE DELAY' FROM TYLER ROBINSON DEFENSE

Charlie Kirk was a blimpish activistic who led Turning Point USA. (Alex Brandon/The Associated Press)

While Graf has yet to regularisation connected whether region prosecutors should beryllium disqualified from litigating the motion, Lazaro believes that if details from the witnesser are included successful Robinson’s trial, it could emergence to the level of struggle of interest. 

While attending the event, the witnesser was texting with family, including the prosecutor.

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"CHARLIE GOT SHOT," work 1 harrowing message.

"If this person's kid were to beryllium enactment connected a witnesser list, oregon the substance messages they'd privation to usage arsenic evidence, past yes, I deliberation astatine that point, that becomes a existent conflict," Lazaro said.

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Lazaro besides pointed to wide nationalist cognition and however officials are typically expected to beryllium viewed arsenic removed from the cases successful which they are prosecuting. 

People tally aft shots were fired during an quality by Charlie Kirk astatine Utah Valley University connected September 10, 2025 successful Orem, Utah.  Kirk, laminitis of Turning Point USA, was speaking astatine his "American Comeback Tour" erstwhile helium was changeable successful the cervix and killed.   (Trent Nelson/The Salt Lake Tribune/Getty Images)

"I deliberation the different happening to support successful caput erstwhile you look astatine conflicts is conscionable this thought of holding nationalist spot successful prosecutorial agencies, and them being somewhat unbiased erstwhile they analyse and prosecute cases," Lazaro told Fox News Digital. "In the consciousness that there's nary idiosyncratic ties to it, they don't person immoderate idiosyncratic feelings regarding it and they're capable to bash what's champion for the authorities of Utah."

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However, Lazaro indicated the determination could beryllium strategical for the defense’s effort to instrumentality the decease punishment disconnected the array successful Robinson’s trial. 

"This isn't going to support Tyler Robinson from being prosecuted," Lazaro said. "It conscionable means either a antithetic region attorney's bureau is going to travel in, oregon they're going to name immoderate benignant of peculiar assigned authoritative to prosecute the case."

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"But I deliberation what is important to support successful caput is whoever is prosecuting it is the 1 who decides whether oregon not to question the decease penalty. That's a determination that they tin change." 

Robinson faces 7 charges, including aggravated murder, which carries the imaginable decease penalty. He has not yet entered a plea. 

Motions regarding the defence team's petition to artifact video of the execution from being introduced arsenic grounds and a full prohibition connected media cameras successful the courtroom stay pending. 

Fox News Digital's Stepheny Price contributed to this report.