- Judge Tony Graf ruled Utah County Attorney's Office will continue to prosecute Tyler Robinson.
- Robinson, 22, faces a potential death sentence for the killing of Charlie Kirk Sept. 10.
- No conflict of interest found despite prosecutor's daughter attending the event.
PROVO — The Utah County Attorney's Office will continue to prosecute the Tyler Robinson capital murder case.
On Tuesday, 4th District Judge Tony Graf said that he found no conflict of interest with a daughter of Chad Grunander — the chief deputy in the Utah County Attorney's Office — being at the event where Charlie Kirk was assassinated.
"There is not a significant risk that Mr. Grunander's loyalty to (his) daughter has or will materially limit his representation to the state of Utah," Graf ruled.
Robinson, 22, is charged with capital murder and faces a possible death sentence if convicted of assassinating Kirk, 31, on Sept. 10 on the campus of Utah Valley University during one of Kirk's Turning Point USA rallies before an estimated 3,000 people.
A daughter of Grunander, a UVU student, was at the event and texted her family, including her father, in a group chat almost immediately thereafter, saying "someone" had been shot.
Robinson's defense team argued that the public should be assured that decisions made by Utah County Attorney Jeff Gray and his team — including the decision to seek the death penalty — are based on facts and not emotional responses.
Watch the court hearing here:
During a hearing on Feb. 3, Graf heard arguments from both sides regarding the disqualification question.
Grunander, his daughter and Gray all testified that the girl had no influence on any of the decisions made regarding the prosecution of Robinson, including the decision to seek the death penalty. Prosecutors argued that there were so many witnesses to Kirk's shooting and so many videos collected following the killing — many of which provide stronger evidence than what the daughter, who was in the back, would be able to give — that she had "zero" influence on the state's case.
"The reality is … she did not see Charlie Kirk get shot. She's just not a witness," deputy Utah County attorney Ryan McBride said. "As a result, there's really no conflict here."
Robinson, however, claims Gray delayed telling defense attorneys about the possible conflict and handled the entire situation in "an incredibly casual way."
"The issue here is that the most experienced and most senior prosecutor in the office, other than the elected county attorney, should have been walled off from this prosecution until this court had an opportunity to consider whether disqualification is necessary ... but now it's too late," defense attorney Richard Novak argued.
On Tuesday, Graf sided with prosecutors, arguing that the daughter "has no uniquely relevant testimony to give," noting the numerous other witnesses to Kirk's killing and the videos provided to investigators. He says Gray's decision to seek the death penalty "was grounded in his assessment of the facts and applicable law."
The judge also noted that if the defense believes Robinson's due process rights were violated by investigators not initially interviewing Grunander's daughter, they can always call her to testify at trial.
Graf further stated that the court "has independently reviewed the evidentiary record with particular attention to whether any direct or indirect decision-making in this case reflects personal involvement inconsistent with the objective prosecutorial judgment. The court finds no such evidence. ... Nor does the record show that Mr. Grunander's professional judgment has been, or is substantially likely to be, materially limited by his loyalty to his daughter. Speculation regarding potential influence is insufficient to establish a significant risk."
Now that Utah County will continue prosecuting the case, the next issues for Graf to decide include which motions and court filings should be public and which, if any, can remain sealed, and whether cameras and microphones will be allowed inside the courtroom. Graf told attorneys for both sides that he recognizes their busy schedules, but urged on Tuesday that "this case must have priority," while asking them "to do your best" in terms of scheduling.
The judge then set court dates for March 13 and April 17 to hear arguments on the outstanding motions. Graf said he is hoping to keep the scheduled preliminary hearing dates of May 18, 19 and 21.
