Utah County prosecutor’s office will remain on Charlie Kirk murder case

(CN) — A Utah judge on Tuesday found no reason to disqualify Utah County’s prosecutor in the Charlie Kirk murder case, denying an attempt from the accused shooter to remove the office.

Fourth District Judge Tony Graf Jr. ruled that the presence of Chief Deputy County Attorney Chad Grunander’s daughter at the Sept. 10 rally where Kirk was killed had no effect on Tyler Robinson’s due process rights. It also played no role in his office’s decision to seek the death penalty against Robinson, 22.

“Defendant’s motion is respectively denied,” Graf said in the online hearing.

A leading figure in the conservative movement, Kirk was the co-founder of the student organization Turning Point USA. Authorities claim Robinson fatally shot him during an outdoor rally at Utah Valley University. Officers arrested him days later, and he remained in jail Tuesday without bond.

Representing Robinson, defense attorney Richard Novak had argued in a Feb. 3 hearing that County Attorney Jeffrey Gray should have screened Grunander from the case. Instead, Gray consulted with Grunander about whether to seek the death penalty before reaching his decision.

That created an appearance of impropriety, Novak said, questioning how a reasonable member of the public would perceive it.

However, Graf in his ruling — read from the bench — found that witness testimony, while differing slightly about the facts, offered no support for Robinson’s motion to disqualify.

The daughter, whose name wasn’t said Tuesday, was some 85 feet from Kirk when he was shot at the Utah Valley University rally. She ran from the area and texted her father, saying Kirk had been shot and she was safe, Graf said.

“Approximately 3,000 people attended the rally at Utah Valley University,” Graf said.

He added that over three dozen attendees spoke with law enforcement, though Grunander’s daughter wasn’t among them, and she wasn’t called as a witness. Any information she could provide isn’t unique, and similar testimony can be gained from others.

Additionally, Robinson could subpoena the daughter if he chose.

The judge noted Grunander grew concerned when he learned of the shooting, and he showed his daughter’s texts to Gray. Grunander also spoke with his boss about seeking the death penalty, a point Robinson’s attorneys argued.

“The ultimate charging decision rested solely with Mr. Gray,” Graf said.  

The judge added that Grunander holds a supervisory role in the Utah County Attorney’s Office, but that Robinson provided no evidence that his involvement in the case would taint the prosecution. Graf said he reviewed the transcript of the Feb. 3 hearing, looking for evidence of any decision-making that proved inconsistent with prosecutorial judgment.

“The court finds no such evidence,” he added.

Graf also said he was unpersuaded that the father-daughter relationship created a bias in the case or that Grunander’s concern for his daughter affected the choice to seek death.

Pivoting to unresolved motions on making some court filings private and excluding certain media coverage, Graf scheduled hearings for March 13 and April 17. It’s expected Robinson will appear in person for those hearings.

The judge also requested an update on discovery, or evidence in the case, which prosecutors must provide to defense attorneys. Grunander said his office has provided some 89% of discovery.

“This case must have priority,” the judge said.