Tyler Robinson, 22, charged with the September 10 killing of conservative activist Charlie Kirk at Utah Valley University, is due back in court Friday as his attorneys seek to disqualify prosecutors over a potential conflict of interest.

Robinson faces aggravated murder charges, and prosecutors plan to seek the death penalty if he is convicted, though he has not yet entered a plea.

The defense argues a deputy county attorney’s child attended the event and later texted their parent about the shooting, creating “serious concerns” about prosecutorial bias and a rush to pursue the death penalty.

Prosecutors counter that the child was not a witness or victim and that there is “virtually no risk” of emotional influence affecting the case, the AP has reported.

Robinson’s trial is moving forward, with a preliminary hearing set for May 18, and media restrictions have been imposed to protect his presumption of innocence.