Robinson stands accused of assassinating Kirk in front of a large crowd, a brazen act that shocked conservatives nationwide and turned the trial into a political lightning rod. His attorneys argue that because a prosecutor’s family member was nearby during the chaos, the office can no longer be trusted to act impartially.
Rotunno made clear that argument falls flat under long-established legal standards.
“If the family member was the victim, then maybe this is an issue,” she said. “If Erika Kirk was related to a prosecutor, they would have more ground to stand on.”
Courts do allow prosecutors to be recused when a genuine conflict threatens a defendant’s right to a fair trial. But experts say the bar is intentionally high, especially when defense teams attempt to remove an entire office rather than a single attorney.
That point was echoed by Randolph Rice, a Baltimore-based attorney and legal analyst, who stressed that proximity alone does not equal prejudice.
“The legal system takes conflicts of interest seriously, but a prosecutor isn’t automatically disqualified just because someone in their family witnessed a traumatic event connected to the case,” Rice explained. “The key issue is whether that relationship creates a real risk that decisions are being driven by emotion instead of evidence.”
Rice added that courts generally demand “a clear, direct conflict that threatens the defendant’s right to a fair trial” before taking the extraordinary step of removing a prosecutor’s office. Still, he acknowledged that optics matter, particularly in a politically charged case.
“At the same time, prosecutors also have a duty to avoid even the appearance of impropriety, especially in a high-profile capital case where public trust is already on edge,” he said.
The stakes could not be higher. Prosecutors are seeking the death penalty against Robinson, a factor that explains why the defense is throwing everything at the wall.
“Getting this prosecutor or prosecutor’s office kicked off the case opens the possibility of a different state agency coming in and evaluating this case differently and possibly not seeking the death penalty, which would be a huge win for Tyler Robinson‘s team and for him,” Rice said.
Utah County prosecutors pushed back forcefully, calling the motion baseless. County Attorney Jeff Gray said the alleged family connection played absolutely no role in the decision to pursue capital punishment.
According to court filings, thousands of people were present at the event, and the prosecution is not relying on the family member as a witness. Officials also noted the individual did not have a direct view of the rooftop sniper’s position and did not witness the shooting itself.
Defense attorneys countered by highlighting that the witness exchanged text messages with family members, including the prosecutor, during the chaos. While they admit this may not meet the legal threshold for disqualification, they argue it raises troubling questions about appearances in a case already under intense public scrutiny.
Whether the judge agrees remains to be seen. What is clear is that the defense is aiming not just to defend Robinson, but to fundamentally reshape who controls one of the most politically explosive murder trials in recent memory.
