BUFFALO, N.Y. — Lawyers representing Payton Gendron left court Tuesday after arguing against the government's ongoing pursuit of the death penalty for their client, who admitted to shooting and killing ten Black individuals at the Tops on Jefferson Avenue.
This time though, their client wasn't present.
Gendron, who was 18 at the time, is being prosecuted under a hate crimes clause in the federal death penalty statute after what the government says it intends to prove was a racially motivated mass shooting.
But Gendron's lawyers argued that capital punishment cases must also meet the standard of being both "in the public interest" and "necessary to secure substantive justice."
"Is it in the public interest to invest time, resources, and emotional energy into this prosecution?" they questioned.
They noted that Gendron has already confessed to the murders in state court, where he is currently serving multiple life sentences without the possibility of parole.
Gendron's attorneys have previously indicated that if the government abandons its pursuit of the death penalty, their client will plead guilty, which would eliminate the need for a trial.
Garnell Whitfield, whose mother was killed in the 5/14 mass shooting, argues that if Gendron was genuinely radicalized and motivated by online content, the public must understand all the details surrounding that influence.
"So we can find out what, who, where was supportive of the actions of this person so I think it's important to get that out on the public record so we know what helped him do what he did without this trial going forward this would not be the case."
Gendron once again waived his right to appear in court today.
The judge stated that as long as the matters before the court pertains to scheduling or legal arguments, like they did today, he would not compel him to appear.
He stated that Gendron might be required to appear on future dates though, concerning issues related to allegations of fact or witness testimony.
