Buffalo, N.Y. (WBEN) - The individual responsible for the racially motivated mass shooting in Buffalo appeared in federal court on Thursday for a status conference—his first such hearing in almost two years.
John Elmore, counsel for the victims' families, states that attending was not optional for Payton Gendron.
"The defense has consistently waived his presence in previous hearings, but he needs to show up today. According to the Sixth Amendment, a defendant must be present during crucial phases of legal proceedings,” Elmore told WBEN. “I expect Gendron will attend all upcoming court appearances unless they pertain solely to minor adjustments in the scheduling order.”
At the status conference, U.S. District Judge Lawrence Vilardo rejected the defense’s plea for a one-year delay of the trial. He clarified his intention to start jury selection in October—a schedule shift from the original plan—followed by face-to-face jury interviews beginning on January 5.
"The particular jurors who advance through the jury questionnaire phase on January 5th and aren’t eliminated at that stage will appear in court for individual voir dire sessions. During these sessions, the judge along with both legal representatives will interview each juror separately rather than as part of a group. They'll call individuals one-by-one into the courtroom to extensively inquire about their stance on capital punishment, exposure to media coverage, and assess if they can remain impartial throughout the trial. This selection procedure might alone consume up to two months," explained Elmore.
Judge Vilardo likewise sanctioned arrangements for a Roper hearing scheduled in May to assess if Gendron qualifies for capital punishment.
Indications suggest they won’t use the insanity defense; however, it’s clear that scientific evidence regarding adolescent brain development will be presented during the Roper hearing,” Elmore clarified. “The focus will be on determining if an 18-year-old’s brain has matured sufficiently to hold them as accountable for a capital offense as someone who is 25.
Currently, Gendron is charged with 10 counts of hate crimes leading to fatalities, three counts of hate crimes where he allegedly tried to commit murder, and one count related to his alleged attempts to kill more Black individuals at and near Tops. Additionally, Gendron faces 13 charges associated with the use, carriage, or discharge of a firearm in connection with these hate crimes.
