The man accused of fatally shooting Charlie Kirk at a Utah Valley University event last September returned to court on Friday as his defense attorneys sought to disqualify prosecutors in the case over an alleged conflict of interest.
Robinson, 22, has been charged with aggravated murder in connection with the Sept. 10 shooting of the conservative activist and co-founder of Turning Point USA while he was speaking to a crowd at an event. He has not yet entered a plea in the case, and prosecutors with the Utah County Attorney’s Office are seeking the death penalty.
Defense lawyers, however, allege that the Utah County Attorney’s Office has a conflict of interest because the child of one of its prosecutors was at the Utah Valley University event.
The family member was allegedly within 85 feet of Kirk, and law enforcement was deployed to the area to keep her safe, according to Robinson's attorneys during an Oct. 24 hearing.
The transcript from the Oct. 24 hearing was previously sealed, but was released with redactions in December after Utah District Court Judge Tony Graf ruled that the public had the right to access it.
Spectators entered the courtroom for the hearing Friday afternoon where Robinson was already sat with his lawyers. Robinson's mother, father and brother sat in the first row.
The defense raised the motion to disqualify the prosecutors first, which prosecutors objected to and dismissed as "a delay tactic."
Defense attorney Richard Novak refuted the prosecution's claims, adding that until the court makes its decision, the prosecutor whose child was at the event should be taken off the case.
Prosecutors argued that the defense should call witnesses to prove the conflict of interest while defense disagreed. Judge Graf said he did not believe the defense team proved their argument through their motion briefing, to which the defense encouraged the court to take evidence if they felt it did not rise to the level of proof.
Attorneys for Robinson have also filed a motion to permit Robinson to appear in court hearings in regular clothing, without restraints. The motion also argued to "eliminate all video and audio broadcasting or delayed feeds of court proceedings," because attorneys fear this will affect the fairness of the trial, according to the Oct. 24 hearing.
Kirk’s widow, Erica, called for full transparency and said the public deserves cameras throughout the case.
Robinson appeared in court for the first time on Dec. 11, shackled at the waist, wrists, and ankles, and wearing a dress shirt, tie, and slacks.
Prosecutors allege that Robinson targeted Kirk for his political views, and the 22-year-old’s family said that he had been increasingly concerned about LGBTQ rights, according to an indictment filed in September.
