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PROVO, Utah – The Utah man accused of gunning down Turning Point USA founder Charlie Kirk is set to appear in court Tuesday as his defense team is asking to have the Utah County Attorney’s Office disqualified from the case after it was revealed a member of the prosecution team had an adult child who was present for the murder.
Attorneys for Tyler Robinson are expected to continue arguing their motion to dismiss the Utah County Attorney’s Office from the case, telling the court last month that they were “very concerned we are getting off on the wrong foot.”
The defense team has pointed to an alleged conflict of interest within the county attorney’s office after it was revealed an 18-year-old child of a deputy prosecutor witnessed the assassination of Kirk on Utah Valley University’s campus in August 2025.
Tuesday’s hearing is a continuation of a Jan. 16 court appearance, which was adjourned after more than two hours of testimony. Several members of the Utah County Attorney’s Office are expected to take the stand, along with the deputy prosecutor’s adult child and a state investigator.
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“This is very clearly the type of case where there very well may be a conflict of interest that has not been handled,” Robinson’s attorney, Richard Novak, previously told the court.
But according to legal experts, having a prosecutor’s office removed is a tall order for any defense team and may not be feasible given the facts of the case.
“I think to remove an entire office can be very difficult,” Skye Lazaro, a Salt Lake City-based criminal defense attorney who is not connected to the case, told Fox News Digital.
“I think what this is ultimately going to turn on is whether or not that played any role in their decision to charge this case, and I don’t think that it really did. They were going to prosecute this case regardless, so I think this is an uphill battle. But I also think it probably is an argument that has merit and is worth bringing by the defense.”
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In last month’s hearing, Utah County Attorney Jeff Gray pushed back on the allegations while calling the move an “ambush” and stalling tactic. Deputy Attorney Ryan McBride also added the defense was coming to a conclusion regarding an alleged conflict before the court had made such a finding.
Robinson’s defense team conceded it took time to review the issue and argued there should have been a referral to the Utah Attorney General’s Office. They added that it would benefit the court to receive additional filings and suggested the hearing could be continued if the judge was open to considering new legal authorities.
Novak asked Judge Tony Graf to direct the Utah Attorney General’s Office to assume responsibility over an evidentiary hearing in the case, insisting it was “problematic” to proceed if the same office was both prosecuting the case and defending its own conduct.
He also added there was no screening process within the county attorney’s office because officials determined none was necessary, while pointing to the Attorney General’s Office stating there had been no consultation on the matter.
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“The court needs to hear from a representative of the state who does not even appear to have a conflict of interest,” Novak argued.
The defense team also emphasized that county attorneys should not be representing themselves in the matter, while imploring Graf to either appoint a separate entity to litigate the issue or ask the Utah Attorney General’s Office to step in.
During last month’s hearing, Graf acknowledged that he was accepting the alleged facts in the defense motion were true, including that a prosecutor’s adult child was present at the Turning Point USA event, heard gunfire, fled with the crowd, and texted the prosecutor during the chaos.
WATCH: Kirk’s accused assassin wants to bar murder video
Graf also added that after the alleged assassination, the prosecutor visited Utah Valley University to determine how close the family member had been to the shooting, later estimating the distance at about 85 feet.
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After reviewing several arguments and filings, Graf determined the defense had not met the threshold showing a potential conflict of interest and that written submissions alone could not solely justify removing county prosecutors from the case, setting the stage for additional testimony from members of the county attorney’s office.
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While Graf has yet to rule on whether county prosecutors should be disqualified from litigating the motion, Lazaro believes that if details from the witness are included in Robinson’s trial, it could rise to the level of conflict of interest.
While attending the event, the witness was texting with family, including the prosecutor.
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“CHARLIE GOT SHOT,” read one harrowing message.
“If this person’s child were to be put on a witness list, or the text messages they’d want to use as evidence, then yes, I think at that point, that becomes a real conflict,” Lazaro said.
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Lazaro also pointed to overall public perception and how officials are typically supposed to be viewed as removed from the cases in which they are prosecuting.
“I think the other thing to keep in mind when you look at conflicts is just this idea of holding public trust in prosecutorial agencies, and them being somewhat unbiased when they investigate and prosecute cases,” Lazaro told Fox News Digital. “In the sense that there’s no personal ties to it, they don’t have any personal feelings regarding it and they’re able to do what’s best for the state of Utah.”
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However, Lazaro indicated the move could be strategic for the defense’s effort to take the death penalty off the table in Robinson’s trial.
“This isn’t going to keep Tyler Robinson from being prosecuted,” Lazaro said. “It just means either a different county attorney’s office is going to come in, or they’re going to appoint some sort of special assigned prosecutor to prosecute the case.”
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“But I think what is important to keep in mind is whoever is prosecuting it is the one who decides whether or not to seek the death penalty. That’s a decision that they can change.”
Robinson faces seven charges, including aggravated murder, which carries the potential death penalty. He has not yet entered a plea.
Motions regarding the defense team’s request to block video of the murder from being introduced as evidence and a total ban on media cameras in the courtroom remain pending.
Fox News Digital’s Stepheny Price contributed to this report.
