Overview
- The hearing resumes Tuesday in Provo before Judge Tony Graf on a defense motion to remove the Utah County Attorney’s Office over a deputy prosecutor’s child being in the crowd at the UVU event.
- The courtroom will close only for the testimony of the prosecutor and the student to protect their identities, with the remainder of proceedings open to the public.
- Prosecutors oppose disqualification and still plan to seek the death penalty, saying the 18-year-old neither saw the shooting nor anyone with a gun and will not be a necessary witness.
- Prosecutors asked to play a graphic video at the hearing to show the student’s testimony is unnecessary, while the defense moved to block the videos and restrict cameras after a prior filming violation.
- Erika Kirk urged the court to ensure meaningful media access, and court filings show a deputy prosecutor warned officials, including Gov. Spencer Cox, against prejudicial comments; a preliminary hearing is set for May 18.