GREENWOOD, Miss. (AP) - A federal court hearing for a Greenwood oncologist charged with capital murder has been rescheduled for Jan. 25 for U.S. District Court in Aberdeen.

Dr. Arnold Smith was scheduled to be in court Thursday to argue prosecutors had no evidence to support bringing charges against him.

The 70-year-old Smith is charged with murder as the alleged instigator of a plot that ended with the death of gunman Keaira Byrd and the serious wounding Derrick Lacy. Byrd allegedly had been hired to kill attorney Lee Abraham, who represented Smith's ex-wife in their divorce years ago. Abraham was not injured.

Smith has also been charged with two counts of conspiring to murder Abraham.

He has been held without bail since his arrest.

Smith's state trial is scheduled for Feb. 4.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.