January 28, 2026
Back to all stories

Charlie Kirk Murder Suspect Seeks to Bar Shooting Video at Prosecutor‑Disqualification Hearing

Tyler Robinson has asked Judge Tony Graf to disqualify the Utah County Attorney’s Office over an alleged conflict after a deputy prosecutor’s adult child was in the crowd at the Jan. 16 Utah Valley University rally, and his lawyers separately moved to bar a close‑range color video of Charlie Kirk’s shooting from the Feb. 3 disqualification hearing as irrelevant and likely to be widely rebroadcast. Prosecutors counter that the child did not see the shooting, is neither a victim nor a material witness and that there is "virtually no risk" of bias, while legal experts say disqualifications on such grounds are rare, the district is pressing toward a death‑penalty prosecution, and the judge is weighing limits on cameras amid defense delay‑accusations and the victim’s widow’s calls for a speedy trial.

Charlie Kirk Assassination Case Courts and Prosecutorial Ethics Political Violence in the U.S. Courts and Criminal Justice Media and Fair‑Trial Rights

📌 Key Facts

  • Tyler Robinson, 22, is charged in the killing of Charlie Kirk; prosecutors say they will seek the death penalty and a multi‑day preliminary hearing is set to begin May 18.
  • Robinson has moved to disqualify the Utah County Attorney’s Office, arguing a conflict because an 18‑year‑old adult child of a deputy county attorney was in the crowd at the Utah Valley University event and heard the shot.
  • Filings and an affidavit say the deputy’s daughter texted family "CHARLIE GOT SHOT," did not see the shooting, is not a material witness or a victim, reported no lasting trauma, and did not miss classes; prosecutors argue there is "virtually no risk" her presence created disqualifying bias.
  • Legal experts, including Utah Prosecution Council Director Robert Church, and other analysts say motions to disqualify prosecutors on these grounds are rarely successful and that courts generally require a clear, direct conflict that would affect prosecutorial decisions; local prosecutors have called the motion an "ambush" or delay tactic.
  • For the Feb. 3 hearing on the disqualification motion, Robinson’s defense has asked Judge Tony Graf to bar introduction of a close‑range color video of the shooting as irrelevant to the conflict issue and likely to be globally rebroadcast, and the defense will again request removal of cameras; Graf has already barred media from showing Robinson’s restraints and is weighing broader camera restrictions.
  • Outside defense attorneys (Donna Rotunno and Skye Lazaro) told reporters the request to exclude the video is reasonable though uncertain it will be granted; Rotunno has also publicly criticized the disqualification motion as frivolous and urged the judge to rein in perceived defense delay tactics.
  • Charlie Kirk’s widow, Erika Kirk, filed a formal victims’‑rights notice seeking a speedy disposition and alleging "undue delay" by the defense, urging the court to balance Robinson’s right to a fair trial against her statutory right to prompt resolution.
  • Prosecutors say they have completed about 90% of discovery and note roughly 3,000 people were present at the event, a fact they and others cite to underscore how attenuated the alleged conflict is; Robinson is due back in court Feb. 3 for the second day of argument on the disqualification motion.

📰 Source Timeline (7)

Follow how coverage of this story developed over time

January 28, 2026
4:49 PM
Tyler Robinson doesn't want video of Charlie Kirk's murder introduced as evidence
Fox News
New information:
  • Tyler Robinson’s attorneys have filed a memorandum asking the Utah judge to bar introduction of a close‑range color video of Charlie Kirk’s shooting at the Feb. 3 hearing on their motion to disqualify the Utah County Attorney’s Office.
  • The defense argues the murder video is irrelevant to whether prosecutors have a conflict of interest based on a deputy prosecutor’s adult child witnessing the shooting and that playing it would jeopardize Robinson’s right to a fair trial by triggering worldwide rebroadcast.
  • Two outside criminal‑defense attorneys, Donna Rotunno and Skye Lazaro, told Fox News that they see the defense concern as reasonable but are unsure whether the judge will grant the request; Rotunno notes prosecutors do not need to play the clip to rebut the alleged conflict.
  • The defense also signals it will again ask the court to remove cameras from the courtroom at the start of the Feb. 3 hearing, claiming news coverage has been 'highly biased' and warning that if the video is played it will be immediately republished nationally and internationally.
January 20, 2026
11:00 AM
Judge presiding over Tyler Robinson case urged to rein in defense delay tactics
Fox News
New information:
  • Fox quotes Chicago defense attorney Donna Rotunno criticizing the disqualification motion as 'frivolous' and saying Judge Tony Graf 'has let it go on too far' and could have denied it without a hearing.
  • The piece emphasizes that legal analysts want Graf to more aggressively rein in what they see as defense delay tactics, framing this as a concern about the pace of the case rather than just the specific motion.
  • It reiterates that prosecutors say they have completed about 90% of discovery and that approximately 3,000 people were present during the shooting, highlighting how attenuated the alleged conflict is (a prosecutor’s adult child was on campus but did not see the shooter and will not be used as a witness).
January 19, 2026
6:23 PM
Charlie Kirk’s widow Erika Kirk demands speedy trial, alleging 'undue delay' from Tyler Robinson defense
Fox News
New information:
  • Erika Kirk, through attorney Jeffrey Neiman, has filed a formal notice invoking her rights under Utah’s victims’ statute to a speedy disposition "free from unwarranted delay caused by or at the behest of the defendant."
  • Her filing explicitly argues that while the court must ensure a fair trial for Tyler Robinson, it must also balance that against her statutory right to a prompt resolution, quoting Kirk’s own belief in constitutional principles.
  • Defense attorney Donna Rotunno calls the move likely inapplicable at this stage but a smart strategic signal to "put the judge on notice that everyone is watching," given that Robinson has not yet entered a plea or had a preliminary hearing.
  • Prosecutors told the court they have completed about 90% of discovery, yet the case is still pre‑preliminary‑hearing, with Robinson due back Feb. 3 for the second day of argument on his motion to disqualify the local prosecutor over an alleged conflict.
January 17, 2026
12:23 AM
Defendant in Charlie Kirk's killing asks judge to disqualify prosecution team
PBS News by Matthew Brown, Associated Press
New information:
  • Details of the Jan. 16 Provo hearing where defense attorney Richard Novak formally urged Judge Tony Graf to remove the Utah County Attorney’s Office and assign the case to the state attorney general.
  • On‑record response from Utah County Attorney Richard Gray accusing the defense of an 'ambush' and 'stalling tactic' aimed at delaying the death‑penalty case.
  • Affidavit details that the deputy county attorney’s 18‑year‑old daughter was present at the rally but did not see the shooting, texted her father during the chaos, did not miss classes and reported no lasting trauma.
  • Expert assessment from Utah Prosecution Council Director Robert Church saying he doubts the motion will succeed and that he is unaware of major cases where prosecutors were disqualified for bias on similar grounds.
  • Prosecutors’ filing argument that the daughter is neither a victim nor a material witness and that there is 'virtually no risk' her presence created disqualifying bias.
January 16, 2026
11:38 AM
Charlie Kirk's accused killer asks judge to disqualify prosecutors
https://www.facebook.com/CBSNews/
New information:
  • Specifies that Tyler Robinson, 22, is due back in court Friday for a hearing on his motion to disqualify the Utah County Attorney’s Office over an alleged conflict of interest.
  • Details that an 18‑year‑old child of a deputy county attorney was in the audience at the Utah Valley University event, heard the shot, texted family 'CHARLIE GOT SHOT,' but did not see the shooting and reports no lasting trauma.
  • Quotes Utah County Attorney Jeffrey Gray’s filing arguing there is 'virtually no risk' that the deputy’s relationship with the child would impair fair prosecution and describing the child as neither a material witness nor a victim.
  • Notes that prosecutors plan to seek the death penalty if Robinson is convicted and that a multi‑day preliminary hearing is set to begin May 18.
  • Adds that Judge Tony Graf has barred media from showing Robinson’s restraints in photos or video and is weighing a broader camera ban at the defense’s request.
11:00 AM
A prosecutor’s child witnessed Charlie Kirk’s assassination — can he take part in the case?
Fox News
New information:
  • Fox piece details competing expert views on whether the prosecutor’s adult child being in the crowd at the Kirk shooting creates a disqualifying conflict of interest.
  • Legal analysts emphasize that courts usually require a clear, direct conflict affecting decisions before disqualifying an entire prosecutor’s office, and note the rarity of such motions being granted in similar circumstances.
  • The article highlights a strategic angle: if the Utah County Attorney’s Office were removed, a replacement agency might be less inclined to seek the death penalty, which defense counsel see as a potential benefit for Tyler Robinson.