NEW ORLEANS (AP) — A judge in New Orleans is set to hear arguments on whether the local district attorney's office should be barred from prosecuting the suspect in the shooting death of retired Saints star Will Smith.

Cardell Hayes is charged with second-degree murder in the case. Defense attorney John Fuller says District Attorney Leon Cannizzaro and his staff should be kicked off the case because he has made baseless accusations of wrongdoing against Fuller.

Judge Camille Buras is scheduled to hear arguments Wednesday morning.

Hayes is set for trial Sept. 20. Prosecutors say he provoked an April 9 confrontation by ramming his SUV into one driven by Smith. Fuller has argued that Smith was the aggressor and that Hayes fired in self-defense after Smith went to his car to get his gun.