A Utah judge has held a prosecutor in civil contempt for violating a pretrial publicity order in the murder case against the man accused of killing conservative activist Charlie Kirk, but declined to remove the death penalty as a possible sentence if the defendant is convicted.
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Judge Tony Graf ruled on Friday that prosecutor Christopher Ballard, who also serves as a spokesperson for the Utah County Attorney’s Office, made public comments that risked prejudicing potential jurors. The remarks were made while responding to media reports about an inconclusive ballistics report referenced in a defense court filing.
Graf found Ballard was entitled to clarify aspects of the forensic report after the defense publicised its interpretation. However, the judge said the prosecutor went too far by commenting on the overall strength of the state's case against defendant Tyler Robinson.
In his ruling, Graf said Ballard’s additional remarks created a substantial likelihood of influencing prospective jurors by expressing the prosecution’s view of Robinson’s guilt. He said those comments introduced an unnecessary discussion of the merits of the case rather than simply correcting misconceptions about the evidence.
Picture courtesy of NewsNation
Death Penalty Bid Remains
Despite finding Ballard in contempt, Graf rejected the defence's request to bar prosecutors from pursuing the death penalty if Robinson is ultimately convicted.
Instead, the judge said any potential impact from the prosecutor’s comments could be addressed during jury selection. He also ordered that the defence be reimbursed for legal costs associated with the contempt proceedings.
The ruling is a setback for Robinson, 23, who faces charges including aggravated murder, felony use of a firearm, obstruction of justice, witness tampering and committing a violent act in the presence of a child. The charges stem from the fatal shooting of Kirk on a Utah college campus last September.
Robinson has not yet entered pleas.
Dispute Over Ballistics Evidence
The contempt dispute centred on statements Ballard made after news organisations reported on a defence filing concerning an inconclusive ballistics examination by the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
According to the defence filing, the ATF could not identify the bullet recovered during Kirk’s autopsy as having been fired from the rifle allegedly linked to Robinson.
Prosecutors argued that description omitted another key finding: the ATF was also unable to rule out the rifle as the source of the bullet.
Ballard maintained his comments were intended to explain why forensic testing can sometimes produce inconclusive results and to counter what he described as misinformation contained in the defence filing.
Graf agreed those explanations fell within an exception to the court’s publicity order, which permits limited public comments to counter potentially prejudicial publicity.
However, the judge ruled that Ballard crossed the line when he later told TMZ that prosecutors had "ample evidence" against Robinson and believed they could overcome the presumption of innocence at trial.
Graf concluded those comments were unrelated to correcting misunderstandings about the ballistics report and instead reflected the prosecution’s opinion of the case.
Further Proceedings Ahead
The contempt ruling followed earlier hearings on evidentiary issues and a defence request to prevent prosecutors from seeking the death penalty as a sanction for the publicity violation.
Prosecutors argued such a penalty would be disproportionate, while the defence suggested other possible sanctions against Ballard, including legal education requirements or referral to the state bar association.
Although Graf declined to impose the defence's requested remedy, the contempt finding and reimbursement of legal fees remain in place as the case moves toward further pretrial proceedings.
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Adapted by ASEAN Now. Source 28 June 2026