Experienced prosecutors and defense attorneys say President Donald Trump and Gov. Spencer Cox may have hurt their own case if they truly believe the man accused of murdering Charlie Kirk should receive the death penalty.
Cox brought up the topic for the first time on Wednesday, long before 22-year-old suspect Tyler Robinson was identified or arrested.
"To whoever did this, we will find you," Cox said. "We will try you, and we will hold you accountable to the furthest extent of the law. I just want to remind people that we still have the death penalty in the state of Utah."
On Thursday, he doubled down.
"We are going to catch this person," Cox said. "We are working with our attorneys, getting affidavits, so we can pursue the death penalty in this case, and that will happen."
On Friday, the governor took control of the press conference to announce Robinson's arrest.
"There is one person responsible for what happened here, and that person is now in custody," Cox said.
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President Trump made similar comments before and after Robinson's arrest.
"He's going to be found guilty, I would imagine, and I hope he gets the death penalty," the president said on Friday.
The Scripps News Group spoke with multiple prosecutors and defense attorneys with experience working death penalty cases to gain their insight on how these comments could affect courtroom proceedings.
Fred Metos has worked as a defense attorney for the past 47 years.
"When someone is charged with a crime in this country, they're presumed innocent," said Metos. "This is more than just the 'cart ahead of the horse.' You've got a situation where the governor has basically got him convicted."
Metos said he believes comments by politicians are problematic because defense attorneys will use their words to gain a legal advantage.
"It makes it difficult for everybody," Metos said. "When a politician starts commenting on a pending criminal case, he’s putting his foot in his mouth."
Utah Attorney General Derek Brown has not confirmed whether prosecutors will seek the death penalty.
"At this point, we're making that determination," he said.
Prosecutors routinely avoid discussing the merits of a case with the media to avoid breaking rules intended to ensure a fair trial. In some cases, prosecutors have been disciplined by the Utah Office of Professional Conduct.
Attorneys interviewed by the Scripps News Group on Friday were also confused to learn that the Utah Governor's Office decided to publish booking photos of the suspect.
Mugshots have been considered "protected records" in Utah since 2021.
Lawmakers say they made the change to ensure defendants get the right to a fair trial.
Some took no issue with the governor making an exception for Robinson. Others felt it was a double standard. Metos referred to it as a "disturbing" detail that he believes will be used by defense attorneys.
"It’s something that adds to the circus," Metos said. "This case is already being treated differently, and this individual is not getting the protections that everyone else does."
Prosecutors intend to file charges against Robinson on Tuesday.
This article was written by Adam Herbets for the Scripps News Group in Salt Lake City.
