Buffalo, N.Y. (WBEN) Attorneys for the Tops shooter have filed a motion in federal court requesting a one year delay in the federal trial.
"The defense is citing the sixth amendment in alleging that their constitutional mandated investigation to adequately prepare for trial will be violated because of the volume of materials that they have to review and they would not be ready for jury selection on September 8," said attorney John Elmore, who is representing families of victims of the mass shooting.
Elmore tells WBEN the defense is also seeking a motion for a change of venue. "Payton Gendron's attorneys do not feel they can get a fair trial if it is held in Buffalo because of all of the media coverage."
Even if there is a change of venue, he said Judge Lawrence Vilardo will keep the case. For example, if the case was moved to Syracuse or Albany or New York City, Judge Vilardo would travel with the case."
He added that change of venue motions are often granted when prospective jurors are being questioned, which is at least several months away.
Elmore said families want finality to the case. He also thinks they deserve finality because of what has happened to them. But he said he thinks that the motion submitted by the defense makes a lot of sense. He believes there is a strong possibility that Judge Lawrence Villardo will grant some sort of delay, but maybe not a whole year.
Elmore expects it to be at least a month before the judge rules on the motion to delay the trial.
Gendron could face the death penalty if convicted in the federal trial. He is currently serving life in prison after pleading guilty to state charges for the May 14, 2022 mass shooting that killed 10 people and injured three others.