Judge Tony Graf ruled that Utah County prosecutors can continue handling the case against Tyler Robinson, accused of assassinating conservative figure Charlie Kirk last September, rejecting the defense’s claim of a conflict of interest.

The defense argued that a prosecutor’s child witnessed the shooting, suggesting this could bias the prosecution, but Graf said no factual basis was shown to create an appearance of impropriety or compromise Robinson’s due process.

Testimony indicated the decision to seek the death penalty was made early and in consultation with senior prosecutors, and the child had no direct line of sight to the shooter.

The court noted that thousands of others witnessed the shooting, further minimizing any claimed conflict, Fox News has reported.

The next hearing in the case is set for March 13, and Erika Kirk will attend the upcoming State of the Union as Donald Trump’s guest.