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Judge in Charlie Kirk Case to Decide Whether to Boot Prosecutors

5 0
11.02.2026

Last week’s hearing in the Charlie Kirk murder case was a legal harbinger of things to come.

As we await Utah State trial Judge Tony Graf’s written decision later this month on whether or not to recuse the Utah County Attorney’s Office from the capital murder case against Tyler Robinson, it’s becoming more evident that this case will dominate the news like no case in recent memory.

Before recounting how the highly unique hearing last week played out, and why it is unlikely the judge will recuse the Utah County Attorney’s Office, it’s worth pointing out some aspects of the case that have become glaringly obvious.

First, the judge and lawyers for both sides exemplify what has come to be known as “Utah nice.”

Lawyers for both sides were polite to each other, to the witnesses, and to the judge. They were so polite that they were almost friendly, even though this is a highly contested case. So far, there haven’t been any verbal jabs or snark or attitude, which we all have come to expect in high-stakes televised criminal trials.

Second, the defense team is highly experienced, strategic, creative, and very active, as you can see from the myriad motions they have filed to date detailed here. And at this early stage in the proceedings, the state is equally up to the task, matching or besting the defense’s motions and arguments.

As I predicted in my first piece on the case, the hearing on Feb. 3 showcased something you rarely see in a criminal case: defense counsel questioning the elected prosecutor and one of the lead prosecutors on the case.

Their questions were crafty, methodical, and designed to create the impression that there was an actual conflict of interest in this case, requiring the judge to recuse not only the lead prosecutor but the entire office. Whether they ultimately succeed in this motion to recuse, they did create an issue for appeal if Robinson is convicted.

The hearing, which Graf decided to keep open to the public under the terms of a standing decorum order, began with defense attorney Richard Novak continuing his questioning of the elected prosecutor, Jeff Gray.

Novak quizzed Gray on any written policies his office is required to follow regarding best practices for conflicts of interest. Novak got Gray to admit that he is the........

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