The process of selecting a jury for the upcoming federal death penalty trial of the Tops mass shooter is beginning.
Payton Gendron, who is serving a life sentence in state prison for the May 14, 2022 attack at the Tops store on Jefferson Avenue, where 10 people were killed, is facing a federal death penalty trial in Buffalo, later this year.
"We're talking 3K questionnaires going out by the end of March," said former Erie County District Attorney John Flynn on WBEN.
"They want to make sure that they find twelve people who are fair and impartial and don't have any preconceived notions about these horrific murders. It's going to be tough to do as it was an extremely well publicized case," he said.
Flynn expects about 1800 to be eliminated in the first round.
"Automatic disqualification includes anyone in active duty; police, fire or other public servants; non citizens, the elderly and people who can't speak English."
Roughly 1,200 qualified potential jurors will then move on to the next phase of questioning in June.
The Tops mass shooting was a racist attack. Ten Black people were killed. Will the Black community be represented on the jury?
"Absolutely," said Flynn. "You want anyone who is fair and impartial and everyone wants a jury that represents the community."
"We're talking 3,000 questionnaires going out by the end of March"
