GREENWOOD, Miss. —
Smith has been held without bail since his arrest April 29, the morning following gunfire at Abraham's law office.
Smith's trial is scheduled for Feb. 4.
Hilburn also took under advisement other defense motions.
Hilburn ordered a separate trial for Lacy, set for April 22. Lacy is charged with capital murder in Byrd's death and conspiring with Smith to kill Abraham.
Smith is scheduled to appear in federal court Jan. 17 for a hearing in which he is seeking to block the capital murder charge.