Defense Arguments to Disqualify Prosecutors Stall Proceedings in Kirk Murder Trial
Phoenix, Friday, 16 January 2026.
Attorneys for Tyler Robinson moved to disqualify prosecutors Friday, citing a conflict of interest: a deputy attorney’s child witnessed the assassination, allegedly biasing the decision to seek capital punishment.
Allegations of Emotional Bias
During the hearing on Friday, January 16, 2026, defense attorneys argued that the personal connection between a deputy county attorney and a witness creates an insurmountable conflict of interest [1]. The conflict stems from the presence of the prosecutor’s child at the Utah Valley University event on September 10, 2025, where the child allegedly witnessed the shooting of Charlie Kirk and subsequently texted their father about the incident [1]. The defense contends that because the child was approximately 40 feet away from the shooting, they qualify as a victim, thereby compromising the prosecutor’s objectivity [5]. They further argued that the state’s “rush” to seek the death penalty is indicative of “strong emotional reactions” rather than impartial legal judgment [1].
Potential for Procedural Delays
The implications of this motion extend beyond the current hearing. If Judge Graf grants the request to disqualify the Utah County Attorney’s Office, a special prosecutor would need to be appointed to take over the proceedings [4]. Legal analysts note that such a transition would likely result in significant delays to the trial and could complicate the state’s pursuit of capital punishment [4]. Robinson, who is 22 years old, has not yet entered a plea to the charges, which include aggravated murder and witness tampering [1][4].
Evidence of Premeditation and Associates
As the legal teams debate procedural disqualifications, new details regarding the evidence against Robinson continue to emerge. Investigators have highlighted text messages sent to Lance Twiggs, Robinson’s roommate and romantic partner, as evidence of premeditation [4][5]. Before the shooting, Robinson allegedly texted Twiggs, “I had the opportunity to take out Charlie Kirk, and I’m going to take it” [4]. Following the incident, when Twiggs asked if Robinson was responsible, Robinson reportedly replied, “I am, I’m sorry” [4]. Robinson later told investigators he was motivated by a desire to stop Kirk’s rhetoric, stating he “had enough of his hatred” [4].