In Salt Lake City, a complex legal battle is unfolding as 22-year-old Tyler Robinson, charged with the murder of conservative activist Charlie Kirk, prepares for a pivotal court appearance. This Friday, Robinson’s defense team is set to argue for the disqualification of the prosecution due to an alleged conflict of interest.

Robinson stands accused of aggravated murder following the fatal shooting of Kirk on September 10 at Utah Valley University in Orem. This tragic event took place just a short distance from the Provo courthouse. Should Robinson be found guilty, the Utah County Attorney’s Office intends to pursue the death penalty. Currently, Robinson has not entered a plea.

Central to the controversy is the presence of a deputy county attorney’s 18-year-old child at the campus event where the shooting occurred. The young attendee, whose identity remains undisclosed in court documents, communicated with their father about the chaotic scene that unfolded, according to filings from both the defense and prosecution.

The defense argues that this familial connection poses a significant conflict of interest, casting doubt on the prosecutorial decision-making process both now and in the future. They claim that the swift decision to seek the death penalty reflects “strong emotional reactions,” advocating for the disqualification of the entire prosecutorial team.

The shooting took place during an outdoor rally attended by several thousand people. Kirk, known for co-founding Turning Point USA and encouraging young voters to support former President Donald Trump, was addressing audience questions when he was shot. Notably, the deputy county attorney’s child did not witness the shooting firsthand, as per an affidavit from the prosecutors.

“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 stated 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.