Tyler Robinson update: Defense squeezes 'misleading' claim about ballistics in fight against death penalty

Tyler Robinson's defence lawyers are asking a Utah justice to onslaught prosecutors' latest filing opposing their petition to region the decease punishment arsenic a authorisation for alleged violations of a gag order.

Robinson's squad argued successful a filing Thursday that it would beryllium an due authorisation aft prosecutors talked astir the lawsuit extracurricular of court.

"The lone mode that this Court tin show that its orders, and the ethical rules that counsel indispensable obey, are not optional erstwhile it comes to the State’s attorneys, adjacent successful this case, is to enforce the authorisation undersigned counsel person urged upon this Court: striking the State’s decease notice," reads the filing, signed by defence attorneys Kathryn Nester, Richard Novak, Michael Burt and Staci Visser.

Prosecutors person countered that they did not interruption the gag bid oregon immoderate different tribunal rules erstwhile they "set the grounds straight" aft what they telephone a misleading connection from a defence filing led to viral quality sum suggesting that the ATF could not lucifer the slug that killed Charlie Kirk to the suspected execution weapon, Robinson's grandfather's rifle.

CHARLIE KIRK ASSASSINATION: DAILY MAIL ACCUSED OF 'MEDIA MALFEASANCE' OVER BOTCHED BULLET ANALYSIS

Tyler Robinson is accused of fatally shooting Turning Point USA laminitis Charlie Kirk astatine a nationalist speaking lawsuit astatine Utah Valley University successful September. (Bethany Baker/Pool via REUTERS, Trent Nelson/The Salt Lake Tribune/Getty Images)

The ATF could neither place nor exclude Robinson's grandfather's firearm arsenic the root of the slug fragment recovered from Kirk, describing the instrumentality people investigation arsenic inconclusive, according to tribunal records. But the caliber was consistent, and a spent casing was besides a match.

Prosecutors person said they program to question the decease punishment if Robinson is convicted of assassinating Kirk during a Turning Point USA lawsuit astatine Utah Valley University connected Sept. 10, 2025.

The back-and-forth has evolved into a warfare of words, with prosecutors accusing the defence of releasing misleading accusation done tribunal filings, and the defence accusing prosecutors of "hubris" erstwhile responding successful a drawstring of media interviews they assertion interruption a gag order.

CHARLIE KIRK CASE STALLS AS ACCUSED SHOOTER DELAYS PLEA AND EYES MEDIA LIMITS

Tyler Robinson appears during a proceeding successful Fourth District Court successful Provo, Utah, connected Dec. 11, 2025. He is accused of the execution of Charlie Kirk. (Rick Egan/The Salt Lake Tribune)

Robinson's lawyers privation the prosecution's written absorption stricken due to the fact that the justice didn't specifically inquire for it. During a proceeding Friday, the tribunal directed parties to code the defense's allegations of contempt and the imaginable consequences for it orally — but didn't inquire the sides to record written briefs, Robinson's lawyers wrote.

Prosecutors besides didn't coordinate with the defence earlier submitting their objection earlier this week, they argued.

The defence wants prosecutors punished for speaking astir the lawsuit extracurricular the courtroom — and Robinson's lawyers are arguing that taking the imaginable decease punishment disconnected the array arsenic a effect would beryllium an due response.

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Deputy Utah County Attorney Christopher Ballard and Deputy Utah County Attorney Ryan McBride look successful 4th District Court successful Provo during a proceeding for Tyler Robinson, accused successful the fatal shooting of Charlie Kirk, connected May 19, 2026. (Trent Nelson/Pool)

Prosecutors accidental that would beryllium an overreaction.

"A simplification successful the aggravated-murder complaint from a superior felony to a first-degree felony is dramatically disproportionate to the alleged misconduct," wrote Deputy Utah County Attorney Ryan McBride.

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Neither the gag bid connected Robinson's lawsuit nor authorities tribunal rules prohibited prosecutors from correcting what they saw arsenic the defense's misleading tribunal filing, helium argued.

PROSECUTORS PLAN TO 'DIRTY UP' KIRK SUSPECT TYLER ROBINSON TO SWAY JURY TOWARD DEATH PENALTY: FMR US ATTY

Charlie Kirk, laminitis of Turning Point USA, tosses hats to a assemblage astatine Utah Valley University successful Orem, Utah, connected Sept. 10, 2025, soon earlier helium was changeable and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)

State instrumentality "expressly allows attorneys to marque 'statements that a tenable lawyer would judge is required to support a lawsuit from the important undue prejudicial effect of caller publicity not initiated by the lawyer,'" helium wrote.

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Prosecutors person denied wrongdoing and importune they were allowed to "set the grounds straight."

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The claim, which authoritative Christopher Ballard described arsenic misleading and "misstated," generated millions of views from conscionable 1 study — and inspired further sum successful section and nationalist media.

It besides boosted unverified claims that different radical could person been liable for Kirk's murder.

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But the defence near retired a important portion of context, according to Ballard, successful different filing.

"The ATF was incapable to identify oregon exclude the slug arsenic having been fired from the rifle," helium wrote, emphasizing the missing accusation successful italics.

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"Defendant reinforced this misleading inference by pursuing it up with, 'the defence whitethorn precise good determine to connection the grounds of the ATF firearm expert arsenic exculpatory evidence,'" helium added.

Judge Tony Graf Jr. is expected to denote his determination connected the substance successful a virtual proceeding Monday.