Charlie Kirk judge to rule on Tyler Robinson's attempt to have potential death penalty removed

Charlie Kirk's accused assassin Tyler Robinson is expected to learn whether a Utah judge will grant his defense team's request to have the potential death penalty taken off the table in response to alleged gag order violations by the prosecution Friday.Judge Tony Graf Jr.is expected to rule on whether prosecutors violated his gag order or state court rules and, if so, what the possible sanctions should be.Robinson's defense team has said the only appropriate remedy is to remove the potential death penalty — which Utah County prosecutors say would be a disproportionate response, if the judge sides with the defense."The only way that this Court can demonstrate that its orders, and the ethical rules that counsel must obey, are not optional when it comes to the State’s attorneys, even in this case, is to impose the sanction undersigned counsel have urged upon this Court: striking the State’s death notice," reads the filing, signed by defense attorneys Kathryn Nester, Richard Novak, Michael Burt and Staci Visser.LISTEN TO THE NEW 'CRIME & JUSTICE WITH DONNA ROTUNNO' PODCASTTyler Robinson is accused of fatally shooting Turning Point USA founder Charlie Kirk at a public speaking event at Utah Valley University in September.
(Bethany Baker/Pool via REUTERS, Trent Nelson/The Salt Lake Tribune/Getty Images)Prosecutors have countered that they did not violate the gag order or any other court rules when they "set the record straight" after what they call a misleading statement from a defense filing led to viral news coverage suggesting that the ATF could not match the bullet that killed Charlie Kirk to the suspected murder weapon, Robinson's grandfather's rifle.WATCH: Big developments in Murdaugh, Mangione, Robinson casesThe ATF could neither identify nor exclude Robinson's grandfather's rifle as the source of the bullet fragment recovered from Kirk, describing the tool mark analysis as inconclusive, according to court records.But the caliber was consistent, and a s...