Public defender Steve Osburn said Tuesday the team has already explored that strategy and believes the approach isn't viable.
Scott Roeder told The Associated Press on Monday he plans to argue he was justified in shooting Dr. George Tiller to protect unborn children.
Roeder, of Kansas City, Mo., said he has no regrets about shooting Tiller in May at the doctor's Wichita church.
Roeder is scheduled to go on trial in January on one count of first-degree murder and two counts of aggravated assault.
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