WICHITA, Kan. -- An attorney for Scott Roeder has asked a judge to set bond for the suspect in Kansas abortion provider George Tiller's slaying.

In his filing Wednesday, attorney Steve Osburn cites a Kansas law saying bond should be granted for defendants charged with noncapital crimes.

The 51-year-old Roeder was charged with first-degree murder Tuesday, and the prosecutor said the case doesn't qualify for the death penalty.

Sedgwick County District Judge Ben Burgess told The Wichita Eagle he took public safety into account when he ordered Roeder held without bail.

A hearing on the defense motion is scheduled Friday.