The alleged killer of Charlie Kirk is attempting to get the prosecution in the case disqualified, claiming they are tainted by a personal conflict.

Tyler Robinson, 22, returned to court today as his defence team pushed to disqualify the Utah County Attorney’s Office over an alleged conflict of interest. Prosecutors have said they plan to seek the death penalty if Robinson is convicted.

Defence attorneys claim the Utah County Attorney’s Office is conflicted because the child of one of its prosecutors attended the event, the newspaper added.

The defence attorneys say the family member was close to the scene, allegedly within 85 feet of Kirk, and law enforcement was deployed in the area to keep the person safe, but prosecutors objected and brushed it off as “a delay tactic.”

Defence attorney Richard Novak said that until the judge rules, the prosecutor whose child was at the event should be removed from the case. Prosecutors rejected the claim, saying no conflict exists and arguing the family member is among “literally thousands of other witnesses,” and had “no personal knowledge of the actual murder,” The Sun also explained.

Judge Graf has not ruled on whether the local prosecutors will be removed from the case. If the office were disqualified, another jurisdiction or the state attorney general could end up taking over the prosecution.

Robinson has not yet entered a plea. Prosecutors allege Robinson gunned down Kirk, 31, during an on-campus appearance.

Other charges include felony discharge of a firearm causing serious bodily injury, obstruction of justice, two counts of witness tampering, and committing a violent offence in the presence of a child. He was arrested after authorities said his father recognized him from images circulating online and turned him in, The Sun reported.