By Andrew Hay
Feb 3 (Reuters) – Lawyers for the man accused of assassinating conservative activist Charlie Kirk will urge a judge on Tuesday to dismiss the prosecution team due to alleged conflict of interest because the lead prosecutor’s daughter witnessed the killing.
Attorneys for 22-year-old Tyler Robinson, who is charged with seven criminal counts in the shooting death of Kirk at a Utah college campus last year, will appear before District Court Judge Tony Graf in Provo, Utah.
Defense attorneys have said in court filings that the Utah County Attorney’s decision to seek the death penalty for Robinson less than a week after Kirk’s death on September 10 showed a “strong emotional reaction” by the prosecutor.
The prosecution denies bias. The lead prosecutor has not been named to protect the privacy of the 18-year-old daughter, who was in the crowd when Kirk was killed.
Robinson, charged with aggravated murder, witness tampering and obstruction of justice, will not enter a plea until after a preliminary hearing, tentatively scheduled for mid-May.
The accused, who was studying to be an electrician, is alleged to have fired a single round from a rooftop that hit Kirk as he debated students at Utah Valley University in Orem during a tour of U.S. colleges.
In court documents, the prosecutor’s office said the decision to seek the death penalty was motivated by the nature of the murder, which put other people’s lives in danger.
Prosecutors have asked to show a video of Kirk’s killing during Tuesday’s hearing to demonstrate that the young woman was just one of thousands of witnesses. The Utah County Attorney said prosecutors do not need or plan to have her testify.
Robinson’s team has contended that showing the video, taken a few feet from Kirk, will violate the defendant’s right to a fair trial. The hearing will be televised, and the defense has argued the video would taint potential jurors because it is too graphic.
Kirk is credited with mobilizing young voters who helped President Donald Trump win the 2024 election and his death underscored rising political violence in the United States.
(Reporting by Andrew Hay in New Mexico; editing by Donna Bryson)
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