Judge Tony Graf ruled Friday that prosecutors' comments to media outlets violated his restrictions on what both sides could say about the case outside the courtroom.
However, Graf rejected defense lawyers' request to remove the death penalty from sentencing options as a sanction for the violation. He said the matter could be handled through screening and questioning of potential jurors to filter out those who may be biased in the case.
Tyler Robinson, 23, from southwestern Utah, has not entered a plea. He is charged with aggravated murder in the September 10 slaying of Kirk. Kirk, an ally of U.S. President Donald Trump, was shot in the neck while speaking to a crowd of thousands at Utah Valley University.
Defense lawyers alleged that Utah County prosecutor Christopher Ballard tried to influence potential jurors by going on a “media tour” to discuss ballistic evidence in the case. Ballard also stated that prosecutors had sufficient evidence to prove Robinson killed Kirk.
Legal experts said removing the death penalty would be an extreme measure. Judge Graf called it a “disproportionate” response to the misconduct.
Ballard argued he had a right to speak to the press to correct misinformation about preliminary results from ballistics experts. Initial tests by experts did not match the bullet fragment to the gun investigators believe was used to kill Kirk, leading to articles questioning the prosecution. For instance, a March 30 headline from Britain's Daily Mail reported the bullet that killed Kirk “did not match” the rifle investigators say was used.
Ballard said he tried to “clarify the truth” by telling media that ballistics tests were inconclusive on whether the bullet was fired from the suspected weapon. The speculation fueled baseless conspiracy theories that there may have been a second shooter or that Kirk's death was staged.
Judge Graf found that comments about the bullet did not violate court rules, but Ballard went too far by adding that prosecutors had “ample evidence to prove beyond a reasonable doubt that Tyler Robinson committed this murder.” The judge said those additional public statements had the potential to “significantly prejudice” the case.
Graf emphasized the comments were not made with malicious intent by the prosecutor to skew the jury pool and that his ruling did not concern the charges against Robinson. “The sole purpose is to enforce a narrowly tailored public order, regulating the conduct of lawyers,” Graf said.
Authorities said DNA matching Robinson was found on the trigger, shell casings, two unfired bullets, and a towel used to wrap the rifle. The Associated Press left voicemail and email messages seeking comment from prosecutors and Robinson's lawyers.
