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Death Penalty on the Line Over Prosecutor's Remarks
23 Jun
Summary
- Defense seeks death penalty removal due to prosecutor's alleged publicity order violation.
- Prosecutor's media interviews about ballistics report cited as violation.
- Judge to rule on contempt motion and hearsay evidence admissibility Monday.
A Utah judge is poised to rule Monday on a defense motion alleging prosecutors violated a pretrial publicity order in the case of the man accused of killing Charlie Kirk. The defense contends that prosecutor Christopher Ballard's public comments to media outlets about a ballistics report contravened a court order.
If the judge finds the prosecution in contempt, the defense is seeking to have the death penalty removed as a potential punishment for Tyler Robinson, who faces aggravated murder charges. The defense argued in a recent hearing that Ballard's interviews, particularly concerning an inconclusive ballistics report, were inappropriate.
Beyond the contempt issue, the judge will also determine whether prosecutors can present hearsay evidence during Robinson's preliminary hearing, scheduled to commence on July 6. This preliminary hearing aims to establish probable cause for the charges against Robinson, who has not yet entered pleas.
Prosecutors argue that the defense's request for removing the death penalty is an extreme remedy for any alleged misconduct. They also contend that the Sixth Amendment right to confrontation does not apply to preliminary hearings, opposing the defense's motion regarding hearsay evidence like a witness's video deposition.
