SALT LAKE CITY (KUTV) — Tyler Robinson appeared in court with his attorneys as they argued to disqualify the prosecution team due to an alleged conflict of interest.

Robinson, 22, is accused of aggravated murder in connection with the Sept. 10 killing of political activist Charlie Kirk at Utah Valley University. The hearing was scheduled to discuss an alleged conflict of interest involving a deputy county attorney’s child being in the crowd during the shooting.

With witnesses subpoenaed and both sides prepared to discuss the motion, the defense team surprised the court with a concern that had the potential to determine if the hearing moved forward or was postponed.

Defense attorney Richard Novak said they had anticipated that the Utah County attorneys would refer the motion to the Utah County Attorney General’s office, rather than represent themselves on the matter.

Novak requested that the court order the AG's office to step in or designate someone else to represent the prosecution team during the conflict of interest hearing.

The state called their request an “ambush,” saying they did not know this would be discussed ahead of time. They also accused the defense of using this as a stalling tactic, a claim which Novak denied.

The judge took a brief recess to consider the arguments and ultimately moved forward with the hearing.

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The alleged conflict of interest surrounds the familial connection between a Utah County prosecutor and their adult child, who was present at UVU when Kirk was shot. Defense attorneys claim this connection could compromise the fairness of the trial.

“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 said in the affidavit.

Prosecutors have argued that this is not a conflict of interest, asserting that there is no legal or ethical conflict that would require the attorneys or the team's disqualification. They added that the child did not see the shooting itself or see the accused shooter.

After several hours, the defense, prosecution, and court staff eventually agreed to recess the hearing and reconvene on Feb. 3, as there was already a hearing set for that day.

The judge agreed, except he said he wanted to finish the testimony with the current witness — Utah County Attorney Jeff Gray — so that when they reconvene, they could start with a new witness. Otherwise, Gray would have to remain under oath and couldn't discuss his testimony until that day.

However, it was brought up that the state also had questions for the witness, which they anticipated could take another hour and a half, so the judge agreed to recess.

Gray was told he could not discuss his testimony with anyone at the Utah County Attorney's Office.

The Associated Press contributed to this report.

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