Attorneys seek to remove prosecutors in Tyler Robinson trial

By Dave Mason
The Center Square

Utah County Attorney Jeff Gray stressed his decisions on defendant Tyler Robinson – including his intention to seek the death penalty if Robinson is convicted of aggravated murder – weren’t influenced by the fact that the adult daughter of one of his senior prosecutors was at the Sept. 10 rally where conservative leader Charlie Kirk was shot and killed.

The senior prosecutor’s identity was publicly revealed for the first time Tuesday afternoon in the Fourth Judicial District Court in Provo, Utah, after Judge Tony Graf denied prosecution’s motion to conduct the prosecutor’s testimony under a closed hearing. The defense had no objection to a closed hearing, but Graf ruled the public’s right to transparency outweighed other concerns.

The prosecutor is Chad Grunander, who took the witness stand and under questioning from a defense lawyer, said his daughter was at the rally at Utah Valley University in Orem, Utah.

Robinson’s attorneys have moved for Graf to remove the prosecution team over what they call a conflict of interest because Grunander’s daughter was at the event.

Grunander testified he was at a prosecutors’ conference in Layton, Utah, with Gray, the elected Utah County attorney, when Grunander’s daughter texted her father and family members at 12:25 p.m., “SOMEONE WAS SHOT” or “SOMEONE GOT SHOT.”

“There was another text that came in that said to the effect, ‘I’m OK. Everyone’s running inside,’ ” Grunander said.

The prosecutor recalled his daughter called him at 12:28 p.m. and talked for one minute. “I was checking on her well-being, to make sure she was OK,” he said, noting they didn’t discuss the details of what happened.

Grunander recalled a text he sent his daughter a few minutes later.

“I remember asking her a question a few minutes later whether she heard about what sounded like a gun shot,” Grunander said. “She responded, ‘I for sure heard it. Everyone started screaming and running. A few people said they saw a shot hit his neck. … Not sure.’ “

“I was startled. I was concerned for her welfare,” said Grunander, who was aware she would be attending the rally. “She would watch Charlie Kirk from time to time online and was excited to go see him at this rally.”

Kirk, a Scottsdale, Ariz., resident, was cofounder and CEO of Phoenix-based Turning Point USA.

Grunander testified he talked to Gray as soon as he learned about the shooting and that after communicating with his daughter, called other members of the prosecution team in the Robinson case, Chris Ballard and David Sturgill.

Grunander said he went with Gray to the scene of the rally at Utah Valley University, “trying to connect the dots with what happened, make ourselves available to assist” with matters such as warrants.

Robinson, 22, charged with aggravated murder and five other felonies and one misdemeanor, attended Tuesday’s hearing but wasn’t seen during a livestream.

Earlier Tuesday before Grunander’s identity was publicly revealed, Gray repeatedly said the prosecutor’s adult child’s presence wasn’t a factor in his decisions in the case under questioning from Richard Novak, one of the attorneys representing Robinson.

Novak noted Gray was elected to office after a campaign promise to seek the death penalty. Gray replied, “It was a commitment I would seek the death penalty in all appropriate cases.”

Gray was cross-examined by a member of his prosecution team, Ryan McBride, who referred to Grunander simply as “Prosecutor A.”

“Have you met Prosecutor A’s child?” McBride asked Gray.

“Not that I can remember,” Gray replied.

Answering McBride’s questions, Gray said the adult child’s presence at the rally had “zero” impact on any of his decisions about the case.

“Who makes the ultimate decisions in this case?” McBride asked Gray.

“I do,” Gray replied.

“Does the buck stop with Prosecutor A?” McBride asked.

“No,” Gray said.

Before Gray testified, Judge Graf denied the defense’s motion to block the Utah County Attorney’s Office from representing itself during the hearing about whether there was a conflict of interest.

Graf also briefly mentioned the filing by Erika Kirk, Charlie Kirk’s widow, to invoke her rights as the victim’s representative for a speedy trial. Graf didn’t elaborate further on the filing, which Erika Kirk’s attorney, Jeffrey Neiman, made on Friday. Utah is one of several states that extends the U.S. Constitution’s promise of a speedy trial to victims.