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OREM, Utah – The murder case against the man accused of killing conservative speaker Charlie Kirk is already facing major legal hurdles — from questions about defense funding to whether the crime even qualifies for the death penalty under Utah law.
Tyler Robinson, 22, is being held without bail at the Utah County Jail. Prosecutors say he climbed onto a rooftop at Utah Valley University, shot Kirk from about 200 yards away and fled before surrendering near his home in Washington, Utah.
Defending Robinson is proving to be no simple task. Utah requires attorneys in death penalty cases to have prior trial and capital case experience, and at least two must be appointed. That level of commitment can consume a year or more of full-time work, experts told Fox News Digital, forcing lawyers to set aside other clients and personal obligations.
“It’s a huge undertaking to represent someone in a case like this,” Utah criminal defense lawyer Randall Spencer, who has handled multiple capital cases, told Fox News Digital. “It really is a sacrifice for defense attorneys who take on this kind of work.”
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Spencer said counties typically pay far less than the true cost of such representation, and the work is often underfunded. If qualified local counsel can’t be found, the court can admit outside attorneys — though Spencer expects Utah will provide experienced in-state representation.
“There will be very good counsel found, likely within Utah,” Spencer said.
But others warn the state isn’t well-prepared to quickly handle a case of this scale. Randolph Rice, another veteran attorney, said Utah’s system leaves significant gaps.
“The current contract between Utah County and the Public Defender Association doesn’t cover the costs of hiring a death penalty lawyer and experts,” Rice said. “That means separate contracts, and ultimately, taxpayers footing the bill.”
Even lower-cost cases require years of work and specialized experts — from mental health evaluators to jury consultants, Rice said.
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“This isn’t just another file,” Rice said. “The lawyer has to ask: Can I realistically set aside every other case to devote the thousands of hours this will take?”
“This is a case which will be all-consuming and will take up 24 hours a day for a long time because, I know from experience, even when they’re (defense lawyers) sleeping, this case is going to be going through their minds constantly,” Spencer emphasized on the scale of taking on a case like this.
Legal experts caution that pursuing capital punishment may not be straightforward. Utah law requires specific aggravating factors — such as killing a law enforcement officer or creating a great risk to others.
“I don’t believe this is a slam-dunk death penalty case,” Spencer said, noting the defense will likely argue no one beyond Kirk was at risk. Prosecutors may rely on the “great risk to others” theory, a strategy Spencer said could face significant challenges in court.
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One major factor potentially shaping the outcome of Robinson’s case is the testimony of the victim’s widow, Erica Kirk, who has publicly offered forgiveness towards Robinson.
“The reality is that death penalty cases…take a heavy toll on the family of the deceased,” Spencer said. “Her position could absolutely influence how prosecutors proceed. We’ve seen similar cases where families’ voices helped lead to a life-without-parole deal.”
Defense attorneys also face heavy scrutiny in cases involving public figures, including media coverage, community outrage and even threats.
“A lawyer must be prepared for the personal and professional toll of being in that spotlight,” Rice said.
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Even if the death penalty is pursued, Spencer said the process could take years, with long appeals and significant emotional strain for everyone involved.
Robinson is set to appear in Utah County court on Sept. 29 for a hearing where he must decide whether to challenge the evidence at a preliminary hearing or proceed directly to arraignment. If the case advances, Rice said the court will determine probable cause before Robinson enters a plea.
Even if prosecutors pursue the death penalty, experts said appeals and delays could stretch the case out for years. More likely, they noted, Robinson could eventually agree to a plea deal to avoid trial.
“The system will play out in a fair way,” Spencer said.
Utah Gov. Spencer Cox has said that the state plans to seek the death penalty if the case moves forward to trial. President Donald Trump also weighed in, saying he hopes Robinson receives the death penalty if convicted.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.
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