Wichita ? Prosecutors in Kansas want to bar the man suspected of killing a Wichita abortion provider from using the so-called necessity defense.

Scott Roeder is charged with first-degree murder in the fatal shooting of Dr. George Tiller on May 31 at a Wichita church. Roeder has told reporters he plans to argue at his trial that he was justified in shooting to protect unborn children.

In a motion in Sedgwick County District, prosecutors say the necessity defense isn’t lawful under the facts of the case. They also want to prohibit Roeder seeking so-called jury nullification — urging a jury to vote for acquittal regardless of the evidence against him.

Roeder faces trial in January. A hearing on the motions is set for Dec. 22.