The man accused of fatally shooting conservative activist Charlie Kirk is set to return to court Friday as a bitter legal battle erupts over what prosecutors and defense attorneys have been saying outside the courtroom.
Lawyers for Tyler Robinson, 23, are asking Judge Tony Graf to hold prosecutors in contempt, accusing them of conducting a "media tour" about key ballistics evidence in the high-profile murder case.
The defense argues prosecutors violated court restrictions on public comments by discussing a bullet fragment recovered from Kirk's body with reporters.
Prosecutors strongly deny wrongdoing, saying they were simply correcting what they described as misleading claims about forensic evidence that sparked speculation Robinson could be cleared.
At the center of the dispute is a preliminary ballistics analysis that reportedly could not immediately match bullet fragments recovered from Kirk's body to a firearm investigators say was used in the Sept. 10 killing.
News reports about the inconclusive findings fueled questions about the strength of the case, prompting prosecutors to publicly push back.
"The rules expressly allow lawyers to set the record straight," Deputy Utah County Attorney Christopher Ballard wrote in court filings.
Robinson faces an aggravated murder charge in the fatal shooting of Kirk, the co-founder of Turning Point USA, on the campus of Utah Valley University.
Prosecutors have said they will seek the death penalty if he is convicted. Robinson has not yet entered a plea.
The latest courtroom clash could carry significant consequences.
While Robinson's attorneys did not specify what punishment they are seeking if prosecutors are found in contempt, court filings point to another criminal case where defense lawyers argued prosecutors' conduct should prevent the state from pursuing the death penalty.
The judge in that case ultimately declined to impose such a penalty. However, Robinson's attorneys noted that the court did not rule out the possibility under different circumstances.
Graf has indicated he will decide the contempt issue at a later date.
The legal showdown comes ahead of a major hearing scheduled for next month, when prosecutors must present enough evidence to convince the court the case should proceed to trial. It is expected to be the most significant public presentation of evidence since Robinson was charged.
Much of the case so far has focused on media access and pretrial disputes. Robinson's attorneys have also asked the court to pause proceedings while they appeal a June ruling allowing cameras in the courtroom.
