In a court document unsealed this week, Robinson’s attorneys allege one of the county prosecutors in the case is family members with an individual that was present at the event at Utah Valley University on Sept. 10 where Kirk was shot.

The defense argues this prosecutor’s participation in the case would violate Robinson’s due process rights, stating that his family interests could limit his ability to ethically represent the State, and that this conflict should be attributed to the prosecutor’s entire office, and should cause it to be removed from the case.

Robinson’s team claims it found through discovery in October that the prosecutor was with Utah County Attorney Jeffrey Gray at the time of the shooting, and began receiving messages from his family member, sharing them with Gray in real time.

The defense argues the county attorney’s office did not “employ any screening protocol” upon learning of the prosecutor’s conflict, and that the prosecutor shared information regarding his personal involvement to the prosecutorial team, including the county attorney.

“Further, it appears that no effort has been made by the UCAO to mitigate the possible prejudice from (the prosecutor’s) personal conflict, as he remains on the prosecution team,” the defense said.

Robinson’s team said the the prosecutor replied that the family member will not be a witness for the state and that he does not see this as conflict of interest.

A hearing scheduled for Jan. 16 will consider the issue.