Attorneys for accused Charlie Kirk killer attempt ‘Hail Mary’ to derail prosecutors

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Lawyers for the man accused of assassinating Turning Point USA founder Charlie Kirk want the prosecutors on the case disqualified. Senior correspondent Claudia Cowan reports tonight from Provo, Utah. Good evening, Claudia.

Good evening, Brett, and the judge is proceeding very cautiously before deciding whether the Utah County attorney's office can continue to prosecute this case.

The center of this legal fight is Chad Gruenander, a senior prosecutor who was on the witness stand here today because his 18-year-old daughter was at the Turning Point USA event in September where Charlie Kirk was assassinated. Tyler Robinson's defense argues the family connection creates an emotional bias that not only taints her father, but the entire office, and they all need to go. Utah County attorney Jeff Gray denies any conflict, explaining today his decision to make this a capital case had nothing to do with personal relationships.

Why did you choose to seek the death penalty in this case?

Because the evidence that had been gathered supports the aggravated murder charge, and I believe that the death penalty is entirely appropriate in this particular case.

The prosecution says this defense motion amounts to a stalling tactic. And Charlie Kirk's widow, Erica, has had enough as well. She's urging the court to speed things up and to keep hearings fully transparent. Her attorney writing yesterday, Ms. Kirk respectfully urges the court to deny any unnecessary requests to limit public or media access and to ensure that courtroom proceedings remain open to the fullest extent.

The defense did win a round today after convincing the judge to move courtroom cameras to the back of the room, arguing close-up shots of the accused assassin were sparking theories about his mental state, which they said could prejudice the potential jury pool.

So from now on, we will only see the back of Tyler Robinson's head, certainly very unusual in a high-profile case.

Brett. Indeed, Claudia Cowan outside the courthouse in Provo.