A Utah judge tossed Tyler Robinson’s bid to boot prosecutors from his murder case because one of the prosecutor’s daughters was at the rally where Charlie Kirk was killed.

Judge Tony Graf found the choice by the Utah County Attorney Jeffrey Gray to pursue the death penalty against Robinson wasn’t influenced by the daughter of another prosecutor in his office, Chad Grunander, being present at the public assassination of the conservative leading light on Sept. 10, 2025.

The judge read his ruling during a video hearing held Tuesday in the Provo, Utah case.

Graf said he didn’t agree with Robinson’s lawyers when they claimed the whole office had a conflict of interest because the prosecuter’s daughter was roughly 85 feet from Kirk when he was shot in front of 3,000 people at Utah Valley University,

“The court finds that [the prosecutor’s] daughter’s presence at the rally did not factor into the prosecutorial analysis,” Graf said. “Mr. Gray’s decision was grounded in the assessment of the facts and applicable law.”

“The defense has not shown that the there is a significant risk that [the prosecutor’s] relationship with his daughter has or will impact defendant’s due process rights,” the judge continued. “Defendant has not shown that his prosecution by the Utah County Prosecutor’s Office is tainted by concurrent conflict of interest.”

Gray said he doesn’t plan to call the daughter as a witness at trial. But Robinson’s lawyers could issue a subpoena for her testimony if they wanted to.

The daughter — whose identity has been kept under wraps — testified during a hearing that she didn’t take a video of the killing or the melee that followed. And she didn’t find out until after she reached safety that it was Kirk who was killed, she told the judge.

“She heard a popping noise and heard a man say, ‘He’s been shot,'” Graf said of her testimony.

She also told the judge she was “afraid for her life when she was running” but she hasn’t “experienced any trauma” since the incident.”

“The court concludes there is not a significant risk that Mr. Grunander’s loyalty to daughter has or will materially limit his representation of that State of Utah,” the judge said.

During Tuesday’s hearing, Robinson could not be seen on video but he could be heard when he answered Graf’s question about whether he could hear everyone.

“Yes, I can your honor,” Robinson answered.

Robinson — who is being held without bail — is slated to appear in court at an  upcoming hearing on March 13.

With Post wires