A Utah man, charged with the murder of conservative activist Charlie Kirk, is set to appear in court on Friday, where his legal team will push to have the prosecuting attorneys removed due to a claimed conflict of interest.

Tyler Robinson, 22, faces charges of aggravated murder following the September 10 shooting of Kirk at Utah Valley University in Orem, located just a short distance from Provo. If convicted, the Utah County Attorney’s Office intends to pursue the death penalty. Robinson has yet to enter a plea.

According to court filings, a deputy county attorney’s 18-year-old child was present at the event where Kirk was shot. After the incident, this individual communicated with their parent in the Utah County Attorney’s Office, providing details about the chaotic scene.

Robinson’s defense argues that this familial connection constitutes a conflict of interest, potentially influencing prosecutorial decisions. They contend that the swift move to seek the death penalty reflects an emotional bias, warranting the disqualification of the entire prosecution team.

The rally, which drew several thousand attendees, was an outdoor event where Kirk, co-founder of Turning Point USA, was addressing questions from the crowd when he was shot. The deputy attorney’s child did not witness the shooting itself, as noted in an affidavit from the prosecution.

“While the second person in line was speaking with Charlie, I was looking around the crowd when I heard a loud sound, like a pop. Someone yelled, ‘he’s been shot,'” the child recounted in the affidavit.

The child later texted a family group chat to say “CHARLIE GOT SHOT.” In the aftermath of the shooting, the child did not miss classes or other activities, and reported no lasting trauma “aside from being scared at the time,” the affidavit said.

Prosecutors have asked District Judge Tony Graf to deny the disqualification request.

“Under these circumstances, there is virtually no risk, let alone a significant risk, that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case,” Utah County Attorney Jeffrey Gray said in a filing.

Gray also said the child was “neither a material witness nor a victim in the case” and that “nearly everything” the person knows about the actual homicide is mere hearsay.

The Associated Press left email and telephone messages for Robinson’s defense attorney, Kathryn Nester.

Prosecutors have said text messages and DNA evidence connect Robinson to the killing. Robinson reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred.”

At recent hearings, Robinson’s legal team has pushed to limit media access in the high-profile case. Graf has prohibited media from publishing photos, videos and live broadcasts that show Robinson’s restraints to help protect his presumption of innocence before a trial.

The judge has not ruled on a suggestion by the defense to ban cameras in the courtroom.

Prosecutors are expected to lay out their case against Robinson at a preliminary hearing scheduled to begin May 18.