Erika Kirk's attorney has filed a motion invoking her right to a speedy trial in the case against Tyler Robinson, the accused assassin of her husband, Charlie Kirk, the conservative leader and co-founder of Turning Point USA.
"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 ... and to prompt and final conclusion of the case after the disposition or conviction and sentence, including prompt and final conclusion of all collateral attacks on dispositions or criminal judgments,'" stated the motion, filed Friday and written by attorney Jeffrey Neiman.
More than four months after Kirk was fatally shot Sept. 10 during a TPUSA event at Utah Valley University, Robinson, 22, has yet to enter a plea or receive a preliminary hearing.
Robinson was charged Sept. 13 with aggravated murder, obstruction of justice, and felony discharge of a firearm causing serious bodily injury. Prosecutors have said they are seeking the death penalty.
Court proceedings have been slowed by a series of pretrial disputes. Most recently, Robinson's defense team on Friday asked Judge Tony Graf to disqualify the Utah County Attorney's Office, arguing a conflict of interest.
According to KUER-TV, the issue stems from the fact that a prosecutor's adult daughter attended the event where Kirk was killed and texted family members during the chaos that followed.
Prosecutors have rejected the claim, calling it a stalling tactic and arguing the relative's presence among thousands of attendees does not constitute a legal conflict.
The issue drew hours of argument in the hearing and remains unresolved. The next court date is set for Feb. 3.
"Nobody believed in the importance of the United States Constitution more than Charlie Kirk," the motion stated. "And although the United States Constitution guarantees criminal defendants many rights, it does not guarantee them the right to cause undue delay in the criminal justice process. The Defendant in this case is entitled to a fair trial, and he must be given one, but he is not entitled to cause undue delay to the criminal justice process."
A new argument raised by defense attorney Richard Novak surprised the judge and prosecutors, according to KUER. Because of the conflict-of-interest issue, the defense said the Utah Attorney General's Office must step in as a special prosecutor independent of the county.
"The Utah County Attorney's Office is now serving two masters. I don't like that word, but that's the word in the doctrine," Novak told the judge. "They're representing themselves, and they're representing the state of Utah."
By representing itself, Novak argued, the Utah County Attorney's Office was pursuing its own interests in prosecuting the case.
"And that's why the attorney general or somebody else designated by the attorney general should be representing them in this manner," Novak said.
Graf questioned why the defense did not file the motion earlier. Prosecutors called it an ambush and a tactic to buy more time.
Graf ruled there was not sufficient evidence, based on the written arguments, that another office needed to step in because of a conflict of interest.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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