BIRMINGHAM, Ala. (AP) – A man facing a potential death penalty in the killing of three people who were shot at an Alabama church dinner is fighting a court-ordered mental evaluation.

The defense says 70-year-old Robert Findlay Smith hasn’t told a court he plans to use a defense of insanity or mental illness.

They say he shouldn’t have to undergo psychological testing unless he does so. A judge approved the exam at the request of prosecutors, who say it’s allowed by state law.

Smith is charged with capital murder.

He’s charged with pulling out a gun at a church dinner in suburban Birmingham and killing three people in June.