Legal Analysts Urge Utah Judge To Rein In Defense Delay Tactics In Charlie Kirk Killing Case

Legal commentators are pressing the judge overseeing the case against 22-year-old Tyler Robinson — accused of killing Turning Point USA founder Charlie Kirk — to clamp down on defense motions they describe as dilatory and “frivolous.” Critics say prolonged procedural fights are delaying a preliminary hearing and arraignment in a high-profile matter that has drawn national attention.

Case Status and Judge
Robinson has not yet entered a plea and has not gone through the preliminary hearing required under Utah law unless the defense waives it. Judge Tony Graf Jr., a former prosecutor appointed to Utah’s Fourth District Court in May 2025, is presiding. While observers say Graf has been measured, several legal analysts told Fox News Digital they believe he should be firmer in limiting motions that appear aimed mainly at delay.

Disqualification Motion and the Alleged Conflict

One contested defense filing seeks to disqualify the entire Utah County Attorney’s prosecution team. The motion rests on the fact that a deputy prosecutor had an adult child who was present at Utah Valley University during the shooting and exchanged text messages from the scene. Prosecutors say those messages indicate the child did not see the shooter and that they do not intend to call the child as a witness.

“The judge has let it go on too far,” said Donna Rotunno, a Chicago-based criminal defense attorney and Fox News contributor. “This is something the judge could’ve decided on paper without the need for a hearing.”

Victim Rights and Discovery
Those procedural disputes prompted Erika Kirk, the victim’s widow, to have her attorney notify the court that she is invoking her rights under the Utah Code to a speedy disposition of charges “free from unwarranted delay caused by or at the behest of the defendant,” according to attorney Jeffrey Neiman. Prosecutors told the court they have completed roughly 90% of discovery.

Defense Tactics and Courtroom Developments
Defense counsel surprised the courtroom when attorney Richard Novak argued that the state Attorney General’s Office should handle the disqualification motion rather than the local county prosecutors the defense seeks to remove. Critics contend the defense is using procedural challenges to slow the calendar. Philadelphia-area criminal defense attorney David Gelman urged Judge Graf to assert greater control over his courtroom to prevent further delay.

Charges, Stakes and Next Steps
Robinson faces seven charges, including aggravated murder, felony discharge of a firearm, obstruction of justice, witness tampering and committing a violent offense in front of a child. If convicted on the top count, he could face the death penalty. The defendant’s team has declined to comment publicly. The case is set to continue on Feb. 3, when the deputy prosecutor (referred to in court as Gray) is expected to return to the witness stand, followed by a prosecutor from Gray’s office, their adult child and an investigator.

Outlook
Analysts say the underlying facts alleged by prosecutors are unlikely to be altered by routine procedural motions, and they urge the court to move toward resolution so the trial can proceed on the merits. Whether Judge Graf will more aggressively limit filings or allow extended litigation over procedure remains a key near-term question in this high-stakes case.