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Jury selection in the Tops mass shooting trial

"The purpose of the questionnaires is to find out whether or not a person is fit to serve in a death penalty case" - John Elmore

Jury selection in the Tops mass shooting trial

Robert H. Jackson Federal Courthouse, Buffalo, N.Y.

Brayton Wilson

The jury selection process is underway in the trial of the Tops mass shooter.

130 out of approximately 1200 jurors appeared in federal court yesterday to fill out lengthy questionnaires about their background and attitudes about the case.



Attorney John Elmore said the process will continue for the next couple of weeks.


"The purpose of the questionnaires is to find out whether or not a person is fit to serve in a death penalty case because it is the jury who determines the sentence of the defendant, if he is convicted."


Eventually, twelve jurors and four alternates will be selected.


They will decide the guilt of 22 year old Payton Gendron in the killing spree at Tops on Jefferson Avenue four years ago that took ten lives.


Elmore said a prospective juror who believes that death should be an automatic sentence for someone convicted of a death-eligible crime, should not serve. And the same goes for someone who would not vote for the death penalty under any circumstance.


Elmore added that it's going to be tough to seat a jury.


"It's going to be very, very difficult. 1200 questionnaires is a lot. But this is the ultimate decision that someone can make, whether someone lives or dies. It's also a long, complicated trial," he explained.


He expects the trial to last two months or longer.


Gendron appeared in court yesterday for the first time in over a year. He is already serving life in prison after pleading guilty to ten murder charges in state court.

"The purpose of the questionnaires is to find out whether or not a person is fit to serve in a death penalty case" - John Elmore