The judge overseeing the case of Tyler Robinson, who is charged in the murder of Charlie Kirk, found a state prosecutor in civil contempt of court on Friday for comments he made to media outlets back in March.
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Last March, British tabloid the Daily Mail released a story about a motion that was filed by Robinson’s defense attorneys pertaining to the bullet recovered from Kirk’s body.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the defense said, “was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson.” The Daily Mail claimed the information was a “bombshell” finding.
Multiple outlets picked up the story and its misleading nature.
As a result, Chris Ballard, a prosecutor in the Robinson case, gave statements to TMZ, USA Today, Politico Fact, and Fox News to clarify that being unable to match does not definitely mean it wasn’t used with the gun linked to Robinson.
Judge Tony Graf did not find an issue with Ballard making that clarification to the media. Where Graf determined Ballard breached the publicity order was in what he said to TMZ regarding his confidence that the state has “ample evidence” to prove Robinson’s guilt.
“A prosecutor’s opinion of guilt is particularly likely to create prejudice, given that his or her words carry the authority of the government and are especially persuasive in the public’s eye,” Graf said. “While transparency is a legitimate objective, prosecutors possess a heightened ethical duty to ensure that justice is done, which includes respecting the constitutional rights of the accused, like the presumption of innocence.”
“Ballard knew of the order, possessed the ability to comply, and intentionally made the volitional statements in question, the elements of civil contempt are proven by clear and convincing evidence,” he continued.
He denied the defendant’s request to remove the death penalty, as it was considered a civil rather than criminal punishment for Ballard’s actions:
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“The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in the civil contempt framework.”
The state must pay Robinson’s reasonable attorney fees and costs for bringing and litigating the contempt motion. The defense counsel has two weeks to submit a fee affidavit, and the state will then have seven days to object.
Robinson, 22, was charged with aggravated murder, along with five other felonies and a misdemeanor, less than a week after Kirk was shot and killed on Sept. 10, during an event at Utah Valley University in Orem, Utah.
The judge warned that any future violations of the publicity order could result in additional contempt proceedings and sanctions.
On media in the courtroom
Rather than rule from the bench on Friday regarding the defense’s opposition to media coverage in the courtroom, Graf said he would file a written statement next week ahead of the preliminary hearing.
He did make it clear, however, that portable electronic devices will not be permitted in the courtroom or on the fourth floor where the courtroom resides, with few exceptions for legal counsel and victim representatives.
The hearing is set for July 6-10 and will be available in person until capacity is reached or via Webex on the court website.
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