PROVO, Utah — Attorneys for the man accused of killing conservative activist Charlie Kirk asked a judge Friday to block prosecutors from seeking the death penalty, arguing that prosecutors’ public comments about a bullet fragment have tainted the case and created an unfair environment for the defendant.
The defense motion was filed in response to statements made by prosecutors in the media about a bullet fragment recovered from Kirk’s body, according to the Associated Press. The defense argued that the comments were made in response to speculation that the fragment could exonerate defendant Tyler Robinson.
Prosecutors have said they intend to seek the death penalty if Robinson is convicted. The 23-year-old from southwestern Utah is charged with aggravated murder in the Sept. 10 killing of Kirk, who was shot in the neck while addressing a crowd of thousands at Utah Valley University.
Conjecture over the evidence in Kirk’s killing has fueled unsubstantiated conspiracy theories that there might have been a second shooter or that his death was staged, the AP reported. The defense argued that the prosecutors’ statements contributed to that environment.
Robinson has not yet entered a plea.
The case continues to draw extensive attention. As MSI previously reported, a video of the shooting has raised concerns among defense attorneys about potential bias among prospective jurors. Robinson’s lawyers have also previously sought to disqualify Utah prosecutors from the case, to delay proceedings, and to seal evidence — moves that have been met with mixed outcomes in court.
Friday’s motion represents the latest round in pre-trial maneuvering between the defense and prosecution as both sides prepare for what is expected to be a high-profile trial.