Death penalty remains on the table in Charlie Kirk murder case

(CN) — A Utah prosecutor accused of making improper comments to the media in the Charlie Kirk murder case now faces a finding of civil contempt.

The possibility of the death penalty for Tyler Robinson remains intact after his defense team sought to remove it over statements by Deputy County Attorney Christopher Ballard. Instead, Fourth District Judge Tony Graf Jr. said Friday he would address the improper comments with expanded questions for potential jurors, additional juror questionnaires and more jury summons.

No trial date has been set.

Robinson, who is charged with murder in the Sept. 10 killing of Kirk at a Turning Point USA rally at Utah Valley University, argued Ballard violated Graf’s publicity order limiting attorneys’ comments to the media. The Utah County Attorney’s Office said Ballard was trying to correct sensationalized and inaccurate reports that authorities had failed to link a bullet fragment to the rifle used in the killing.

Graf found Ballard’s statements about the report were permissible. However, he ruled that other statements about the evidence and Robinson’s presumption of innocence crossed a legal line.

The judge determined that removing the death penalty as a sentencing option would improperly intrude on prosecutorial discretion.

“The court declines to adopt this suggested remedy,” Graf said.

The defense team’s challenge to Ballard stems from an order Graf issued days after Robinson’s September arrest. The order limits what attorneys can say to the media to help ensure Robinson receives a fair trial, though it includes exceptions.

Prosecutors said the media misinterpreted a report from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The report said a bullet fragment recovered during the autopsy could not be definitively linked to the rifle authorities say was used in the fatal shooting.

The media focused on that aspect of the report, in some cases saying it exonerated Robinson, Graf said.

However, the report also stated that the bullet fragment couldn’t be excluded. That prompted Ballard to speak with a handful of media outlets to correct the record.

“The rule allowed us to respond to those,” Ballard said during a June 12 hearing on the issue.

Making such statements is an exception to the law and not prohibited by Graf’s order. The judge found no violation when Ballard spoke in general terms about inconclusive ballistics reports.

Graf determined that Ballard violated his publicity order by discussing evidence and the presumption of innocence.

“’He is presumed innocent,’” Graf said, quoting Ballard. “’The ultimate decision will be up to the jury.’”

Ballard should have limited his media statements, speaking only to negate what Graf called adverse publicity. The publicity order prohibited talking about having enough evidence, because it was a statement about Robinson’s guilt or innocence. In that example, Ballard shared his belief, the judge said.

“These statements were not reasonably necessary,” he added.

However, Graf opted against taking away the possibility of the death penalty from prosecutors. Going that route would require a criminal contempt violation, not a civil one like Ballard faced. He called the removal of the death penalty grossly disproportionate.

In an unrelated motion, Robinson is also seeking to restrict or prohibit electronic media coverage of his upcoming July 6 preliminary hearing. Graf said he’d issue a written ruling on that next week.

The public is forbidden from having any electronic devices in Graf’s courtroom or on that floor of the courthouse during the hearing, expected to last through that week.

Kirk’s shooting death at a Turning Point USA outdoor rally sent shockwaves through the nation. Kirk, a prominent right-wing political figure, suffered a fatal wound while speaking to a large crowd. Authorities apprehended Robinson hours later.

Prosecutors have said Robinson confessed to the killing in a note to his roommate and lover, as well as to a group of people on a messaging app.