A Utah judge found a prosecutor in contempt Friday for violating a media gag order in the high-profile case against the man accused of killing conservative activist Charlie Kirk, yet refused to strip away the death penalty as punishment.
Deputy Utah County Attorney Christopher Ballard made public statements about the murder case against Tyler James Robinson after defense attorneys claimed that ballistics evidence was being misrepresented online. Robinson is accused of shooting Kirk last September.
Ballard told media outlets including TMZ that the state possessed "ample evidence" of Robinson's guilt. In an email to Politifact, he explained that an "inconclusive" result on bullet fragment analysis does not mean the rifle did not fire the bullet. He characterized his comments as corrections to "misinformation."
Robinson's legal team had previously argued in court filings that a Bureau of Alcohol, Tobacco, Firearms and Explosives report did not conclusively prove the fatal bullet came from a firearm allegedly owned by Robinson. Those claims circulated widely online among some commentators who viewed them as potentially exculpatory evidence.
The defense then accused Ballard of contempt, arguing his statements breached the pre-trial gag order and compromised Robinson's right to a fair trial.
District Court Judge Tony Graf agreed on the contempt finding. The prosecutor's comments carried a "substantial likelihood of materially prejudicing the proceedings by communicating the prosecutor's assessment of the defendant's guilt," the judge wrote.
However, Graf rejected the defense's request to remove capital punishment from the table. He said such a remedy would amount to "an improper judicial intrusion into the executive branch's prosecutorial discretion" and would be "grossly disproportionate" to Ballard's violation.
To counter any damage to jury impartiality, Graf said the court will consider expanding the jury pool and requiring more detailed jury questionnaires.
A preliminary hearing is scheduled for July 6. Graf also indicated he would rule next week on whether cameras and electronic media would be permitted inside the courtroom, following a push by Robinson's attorneys to restrict media access to the proceedings.
Author James Rodriguez: "The judge's contempt finding signals real concern about prosecution overreach, but refusing to remove death penalty suggests the court sees Ballard's media statements as serious but not catastrophic to the defendant's case."
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