Legal analysts are urging the Utah judge overseeing the case against a 22-year-old electrician accused of assassinating Turning Point USA founder Charlie Kirk to firmly reject what they see as a “frivolous” defense motion delaying the proceedings.
Tyler Robinson has not yet entered a plea or faced a preliminary hearing — a crucial early step in Utah’s legal process where prosecutors have to convince the judge they have probable cause to bring charges. That has to take place, unless the defense waives it, before he can be arraigned.
Judge Tony Graf Jr., a former prosecutor, was appointed to Utah’s Fourth District Court in May 2025 and is now presiding over one of the highest-profile court cases in the country. While he’s taken a balanced approach so far, legal analysts tell Fox News Digital he could be stricter in clamping down on what they see as “frivolous” motions and delay tactics by the defense.
“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 that the judge could’ve looked at in writing and said, ‘You know what? No need for a hearing.'”
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A controversial motion to disqualify the Utah County Attorney’s entire prosecution team could have been denied without days of oral arguments and testimony in court, Rotunno said.
And the delays have also prompted Kirk’s widow, Erika Kirk, to have her attorney notify the court she is invoking her rights to a speedy trial as a victim under Utah law.
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“The Utah Code affords victims of a crime ‘the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant,’” her attorney, Jeffrey Neiman, wrote in a court filing.
While prosecutors said Friday they had completed about 90% of the discovery process, the defense has moved to have the county attorney’s office kicked off of the case because a deputy prosecutor had an adult child who was present at Utah Valley University during the shooting.
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The adult child, unnamed in court documents, texted the prosecutor from the scene. The communications, however, suggest the child didn’t see the shooter, and prosecutors have said they have no plans to use the child as a witness in court.
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There were about 3,000 people present during the shooting — which took place at a Turning Point USA event in which Kirk was taking questions from the crowd.
Richard Novak, one of Robinson’s high-powered defense lawyers, even surprised the court and the prosecution by arguing the state Attorney General’s Office should be in court handling the motion, rather than the local prosecutors he wants kicked off the case.
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“The judge needs to toughen up. It’s his courtroom and he should have done more than ‘scolded’ the defense, if that’s what you call it,” said David Gelman, a Philadelphia-area defense attorney and legal analyst. “It’s only going to get worse if he doesn’t rein in the attorneys.”
Prosecutors have indicated they’re confident there’s no conflict of interest, and legal analysts are calling the motion “frivolous” as the defense has focused on procedural issues that are not expected to have a major impact on the case.
With or without the local prosecutor in charge, Robinson faces serious charges and the potential death penalty.
“I know this judge has a more laid-back demeanor, which isn’t bad at all,” Gelman said. “However, this isn’t some little shoplifting case he’s presiding on. It’s the biggest case he will ever preside over. He needs to have a conference with the parties so as not to embarrass everyone and lay down the law.”
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Robinson’s defense team has repeatedly declined to comment on the proceedings.
The accused assassin 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. He could face the death penalty if convicted of the top charge.
He is due back in court on Feb. 3 for a continuation of Friday’s hearing. Gray is expected to return to the witness stand, followed by a prosecutor from his office, their adult child and an investigator.
“Their strategy is delay, delay, delay,” Gelman told Fox News Digital. “Then after they exhaust all the motions, they will start attacking evidence.”
