Buffalo, N.Y. (WBEN) - Attorneys for a white man charged with killing 10 Black people at a Buffalo supermarket were unable during a court proceeding Thursday to secure a year's delay in state prosecution.
The alleged gunman, 18-year-old Payton Gendron, was in attendance for Thursday's session, as he was escorted into the courtroom by Erie County Sheriffs and a U.S. Marshal.
As part of the 25-minute session, prosecution filed a certificate of compliance, ticket of discovery and a statement of readiness for the trial to commence to the defense counsel. The certificate of compliance was prepared to move forward with trying this case, which was accepted by Judge Susan Eagan.
However, attorneys representing Gendron requested for more time to be able to go over the evidence presented to them ahead of Thursday's appearance. They also requested a one-year stay with the court proceedings to give their colleagues in the federal case against Gendron more time to do the necessary work to avoid their case being prosecuted with the potential of the death penalty.
In addition, defense attorneys argued for the extension of time to determine whether or not to file a psychiatric defense case, as well as coordinating with the federal counsel. Defense attorney Brian Parker says there are also a plethora of issues that need to be addressed, other than the psychiatric part, in the evaluation of the defense.
“If we can’t do our job effectively, what’s the point in doing it. It’s the last thing anyone wants to see,” said Parker in defense of his client for a fair trial.
In response to the defense's ask of a stay in the case, the prosecution claimed there was no good reasoning for this case to be given an extended stay.
While rejecting the one-year stay, Erie County Judge Susan Eagan granted the defense team until Oct. 6 to go through the voluminous evidence and to indicate whether it will pursue a psychiatric defense, according to the newspaper.
However, she did grant the defense an extension of 90 days to determine whether or not they proceed with filing for psych defense. That deadline falls on Thursday, Oct. 6, 2022, which happens to be the next time that both parties report to state court.
In addition, Gendron's defense attorneys with his state case have been working in conjunction with his attorneys for the federal case, and said a federal indictment could be handed down within the next week.
Gendron is suspected of being the gunman who killed 10 Black people and wounding three others in a racially motivated hate crime against folks in the East Buffalo community on that Saturday afternoon nearly eight weeks ago.
Gendron, wearing an orange jumpsuit, was handcuffed and shackled in court.
Because of a gag order, attorneys are not allowed to comment on the case.