An 18-year-old, connected to a deputy county attorney, was present during the campus event where Kirk was tragically shot. Although their identity is withheld in court documents, the teenager communicated with their parent at the Utah County Attorney’s Office, detailing the tumultuous scene that unfolded during the shooting, as outlined in the legal filings from both prosecutors and defense lawyers.

Defense attorneys argue that this personal connection poses a significant conflict of interest, which “raises serious concerns about past and future prosecutorial decision-making in this case,” as per court documents. They further contend that the swift decision to pursue the death penalty against Robinson indicates “strong emotional reactions” from the prosecution, warranting the disqualification of the entire prosecutorial team.

The head of a state council responsible for training prosecutors commented that he is unaware of any significant case where attorneys were removed due to bias.

“I wouldn’t bet on the defense winning this motion,” remarked Utah Prosecution Council Director Robert Church. “They need to demonstrate a substantial level of prejudice and bias.”

In an affidavit, the child described the moment of the incident: “While the second person in line was speaking with Charlie, I was scanning the crowd when I heard a loud noise, like a pop. Someone shouted, ‘he’s been shot.'”

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.

If the Utah county prosecutors were disqualified, the case would likely be picked up by prosecutors in a county with enough resources to handle a large case. That could be Salt Lake City, or possibly even the state attorney general’s office, said prosecution council director Church.

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 defence 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.