BUFFALO, N.Y. — As the federal court criminal case proceeds against the suspect in the May 14th mass shooting there is lingering frustration involving the other ongoing civil lawsuits filed in state court on behalf of the families of the victims.
Federal Judge Lawrence Villardo ruled that information uncovered in that federal criminal case cannot yet be shared with the attorneys and those families seeking damages for their pain.
On Monday, it was another pre-trial Federal court proceeding and another time of emotional frustration for relatives of the 5/14 shooting victims. Barbara Massey Mapps, who lost her sister Katharine Massey, told reporters "It gets painful because you gotta keep re-visiting it over and over. And I know they're doing what they have to do but it just seems forever."
While some of that feeling may pertain to the criminal case against the shooter and the still unresolved and complex death penalty element, there is also this parallel push for civil lawsuits aimed at the alleged motivators for his deadly actions.
That includes influence from social media platforms like META and the actual gun and ammunition producers tied to the mass shooting.
Attorney Kristen Elmore-Garcia represents several families in upcoming civil cases "We're entering a battle against those mega-corporations to gain the same meaningful access to the information on behalf of the victims."
But so far the civil lawsuit attorneys and their clients, the victim's family members, have been stymied in their requests to access the massive amounts of what some may feel is obvious evidence.
We're told Judge Villardo on Monday did say their chance to at least see some of that evidence but not take notes did not actually violate that protective order sought by prosecutors.
And some in the courtroom felt he raised a good point with some hope. Elmore-Garcia said, "He did question question why isn't the government helping these people who so clearly want access to the evidence."
She added "There is an opportunity potentially in the future to re-visit this issue. But for now, the victims will not be able to access the materials that they've been seeking to access for so long."
The attorneys and families emphasize they will press forward and be in state court on November 16th to argue that their civil lawsuits should proceed and not be dismissed. They emphasize there is a specific purpose to make clear why they feel the shooter was influenced and enabled.
Garnell Whitfield, who lost his mother Ruth says "We want to make sure that all the other things that were contributory to this to May 14th are - you know - light is shining on those things and they are held accountable. And that's our goal."
It was also mentioned in court that top-level US Justice Department advisers met last month to discuss the capital punishment element of this case and their recommendations were sent on to US Attorney General Merrick Garland. Some feel he might announce a decision on whether the Feds will pursue the death penalty in the coming weeks.