BOSTON — The former University of Alabama-Huntsville professor sentenced to life in prison for killing three of her colleagues in a shooting rampage wants to go on trial in the 1986 death of her brother in Massachusetts, her lawyer said Tuesday.

Attorney Larry Tipton said Bishop wants to prove at trial that she had a "loving and caring relationship" with her brother and that the shooting was accidental.

In court documents filed Monday, Tipton said Bishop objects to a decision by Norfolk District Attorney Michael Morrissey to decline to prosecute her in the killing of 18-year-old Seth Bishop.

"She wants to use a trial to help demonstrate that she's innocent. She never intended to kill her brother," Tipton said Tuesday.

Morrissey said last week that he decided not to move forward with the murder indictment against Bishop because she has already received a sentence of life in prison without parole in the 2010 Alabama killings.

"The penalty we would seek for a first-degree murder conviction is already in place," he said.

Also, defense attorney Roy Miller, who represented Bishop in the Alabama shootings, said Tuesday that Alabama officials would be unlikely to let Bishop travel to Massachusetts even if a judge there cleared the way for a trial for her brother's death.

"It'll be a cold day in hell when Alabama releases Amy Bishop to go to Boston," he said. "This case is over."

Miller said he understands Bishop wanting to clear up the Massachusetts charges for the sake of her family, but her desires don't matter to authorities because she is serving a term of life without parole plus three other life sentences.

He said the charge filed in Seth Bishop's killing constantly "eats at" her. Bishop tried to kill herself by slashing her wrists in the Madison County jail in Alabama the night she was informed of the indictment in Massachusetts, he said.

"She's always claimed her innocence in that," Miller said. "She named one of her children after her brother. She loved him."

Morrissey said the indictment would be withdrawn "without prejudice," meaning he could reinstate it if something went wrong with the Alabama sentence, though he said he considered that unlikely.

Bishop claims she accidentally shot her brother while trying to unload her father's shotgun in the family's Braintree home. Bishop's mother, who witnessed the shooting, backed up her claim.

Authorities initially ruled the shooting accidental, but the investigation was re-opened after Bishop was charged with opening fire during a faculty meeting at the university in Feb. 2010, killing three of her co-workers and wounding three others.

In court documents, Tipton argued that inquest and grand jury proceedings that led to Amy Bishop's indictment in Seth Bishop's death were "one-sided" and tilted in favor of prosecutors. He said prosecutors would be unable to present evidence of a motive or intent by Bishop to kill her brother, while the defense would present evidence that she and her brother had a good relationship and credible evidence that she accidentally shot him.

Tipton said the shotgun has a documented history of malfunctioning and misfiring, evidence he said was discounted or ignored by authorities.

He also argues that Morrissey's plan to file a "nolle prosequi," or declaration that he does not intend to prosecute, is an "abuse of authority."

David Traub, a spokesman for Morrissey, said Bishop's filing of her objection "is legally meaningless."

Bishop, a Harvard-educated biologist, pleaded guilty to the Alabama shootings but the case had to go to trial because she had admitted to a capital murder charge. She was convicted at trial.

Bishop killed her boss, biology department chairman Gopi Padila, and professors Maria Ragland Davis and Adriel Johnson. Associate professor Joseph Leahy, staff aide Stephanie Monticciolo and assistant professor Luis Cruz-Vera were shot and wounded.

___

Associated Press writer Jay Reeves contributed to this report from Birmingham, Ala.

Also on HuffPost:

Loading Slideshow...
  • Swat team members secure the scene near Sparks Middle School in Sparks, Nev., after a shooting there on Monday, Oct. 21, 2013. Authorities are reporting that two people were killed and two wounded at the Nevada middle school. (AP Photo/Kevin Clifford)

  • Sandy Hook Elementary

    Molly Delaney, left, holds her 11-year-old daughter, Milly Delaney, during a service in honor of the victims who died a day earlier when a gunman opened fire at Sandy Hook Elementary School in Newtown, Conn., as people gathered at St. John's Episcopal Church , Saturday, Dec. 15, 2012, in the Sandy Hook village of Newtown, Conn. The massacre of 26 children and adults at Sandy Hook Elementary school elicited horror and soul-searching around the world even as it raised more basic questions about why the gunman, 20-year-old Adam Lanza, would have been driven to such a crime and how he chose his victims.

  • Police secure the scene near Sparks Middle School after a shooting in Sparks, Nev., on Monday, Oct. 21, 2013. Authorities are reporting that two people were killed and two wounded at the Nevada middle school. (AP Photo/Kevin Clifford)

  • Clackamas Town Center

    A security guard looks over the food court at the Clackamas Town Center mall as it opens, on Friday, Dec 14, 2012 in Portland, Ore. The mall is reopening, three days after a gunman killed two people and wounded a third amid a holiday shopping crowd estimated at 10,000. The shooter, Jacob Tyler Roberts, killed himself after the attack Tuesday afternoon.

  • St. Vincent's Hospital Shooting

    Birmingham police arrive at the scene of a shooting at St. Vincent's Hospital on Saturday, Dec. 15, 2012 in Birmingham, Ala. Authorities in Alabama say a man opened fire the hospital, wounding an officer and two employees before he was fatally shot by police. Birmingham Police Sgt. Johnny Williams says the officer and employees suffered injuries that are not considered life-threatening.

  • Sikh Temple Shooting

    Mourners attend the funeral and memorial service for the six victims of the Sikh temple of Wisconsin mass shooting in Oak Creek, Wis., Friday, Aug 10, 2012. The public service was held in the Oak Creek High School. Three other people were wounded in the shooting last Sunday at the temple. Wade Michael Page, 40, killed five men and one woman, and injured two other men. Authorities say Page then ambushed the first police officer who responded, shooting him nine times and leaving him in critical condition. A second officer then shot Page in the stomach, and Page took his own life with a shot to the head. (AP Photo/Jeffrey Phelps)

  • July 2012: Aurora, Colorado

    A policeman stands outside a Century 16 movie theater in Aurora, Colo., where a heavily armed man opened fire, killing at least 12 people and injuring 50 others.

  • May 2012: Seattle, Wash.

    Friends, family and employees react after a shooting at Cafe Racer in Seattle on May 30, 2012. A lone gunman killed four people Wednesday -- three were shot to death at a cafe, and a fourth in a carjacking. The gunman later killed himself.

  • April 2012: Oakland, California

    Alameda County Community Food Bank workers move a memorial from a parking spot next to Oikos University in Oakland, Calif., Monday, April 23, 2012. Some students and staff members have arrived to resume class at Oikus University, the small California Christian college where seven people were shot to death earlier in April.

  • November 2009: Fort Hood, Texas

    Panou Xiong, center, is comforted by family and friends following a Remembrance Ceremony commemorating the one-year anniversary of the worst mass shooting on a U.S. military base, where 13 people were killed and dozens wounded,, Nov. 5, 2010 in Fort Hood, Texas. Xiong's son, Pfc. Kham Xiong, was killed in the shooting. <em><strong>CORRECTION:</strong> This slide originally said that the Fort Hood shooting took place in November 2010. The shooting took place in November 2009.</em>

  • March 2009: Kinston, Alabama

    The charred Kinston, Ala. living room where suspected gunman Michael McLendon allegedly killed his mother Lisa McLendon, is photographed Wednesday, March 11, 2009. Authorities were working Wednesday to learn why a gunman set off on a rampage, killing 10 people across two rural Alabama counties.

  • August 2007: Blacksburg, Va.

    An unidentified family member of slain Virginia Tech student Daniel Alejandro Prez Cueva, pauses at his memorial stone after the dedication of the memorial for the victims of the Virginia Tech shooting in Blacksburg, Va., Sunday, Aug. 19, 2007. More than 10,000 people gathered on the main campus lawn as Virginia Tech dedicated 32 memorial stones for those killed by a student in a mass shooting on campus last April.

  • April 1999: Littleton, Colo.

    This aerial shows the news media compound near Columbine High School in Littleton, Colo., April 21, 1999. Media from around the world poured into the area after 15 people were killed during a shooting spree inside the school.