PROVO, Utah – The man from Utah accused of killing Charlie Kirk, the founder of Turning Point USA, is scheduled for a court appearance on Tuesday. His defense team is seeking to have the Utah County Attorney’s Office removed from the case due to a conflict of interest. It has come to light that a prosecutor’s adult child was present during the murder.

Tyler Robinson’s attorneys are expected to push their motion to disqualify the Utah County Attorney’s Office, expressing concerns last month that “we are starting off on the wrong foot.”

The defense claims a conflict of interest exists because an 18-year-old child of a deputy prosecutor was a witness to Kirk’s killing on the campus of Utah Valley University in August 2025.

The upcoming hearing continues from a session on January 16, which was paused after over two hours of testimony. Expected to testify are several members of the Utah County Attorney’s Office, the deputy prosecutor’s child, and a state investigator.

Tyler Robinson, facing charges for the murder of Charlie Kirk, is seen here during a hearing in the Fourth District Court in Provo, Utah, on Thursday, December 11, 2025. (Rick Egan/The Salt Lake Tribune via Pool)

“This case clearly presents a potential conflict of interest that hasn’t been properly addressed,” stated Robinson’s attorney, Richard Novak, during a previous court session.

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.” 

Defense attorney Michael Burt, left, speaks with defense attorney Richard Novak during a hearing for Tyler Robinson in Fourth District Court in Provo on Friday, Jan. 16, 2026. (Bethany Baker/The Salt Lake Tribune via Pool)

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. 

An approximation of the suspected movements of Tyler Robinson, Charlie Kirk’s alleged assassin, based on court documents, video from the scene and conversations with law enforcement. (Google Maps, Fox News Digital)

“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. 

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.

Charlie Kirk was a conservative activist who led Turning Point USA. (Alex Brandon/The Associated Press)

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.

“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.

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. 

People run after shots were fired during an appearance by Charlie Kirk at Utah Valley University on September 10, 2025 in Orem, Utah.  Kirk, founder of Turning Point USA, was speaking at his “American Comeback Tour” when he was shot in the neck and killed.   (Trent Nelson/The Salt Lake Tribune/Getty Images)

“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.”

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.”

“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.