BUFFALO, N.Y. (WBEN).....The voir dire jury selection process, set to begin this morning in the Robert H. Jackson Federal Courthouse, is the latest chapter in the complex network of legal actions filed against Tops' Supermarket mass shooter Payton Gendron.
Today marks the beginning of a multi-phased federal case where, potentially, Gendron, 23, could face the death penalty for shooting and killing 10 people and injuring three others in the May 14, 2022 racially motivated attack on Black shoppers at the Tops' store on Jefferson Avenue.
Gendron was 18 at the time of his attack.
Gendron has already plead guilty to state charges and was sentenced to life in prison, with no chance for parole.
But, the federal case - especially with a possible death penalty sentence at its conclusion - may be one of the most heavily watched federal cases in the region's history.
It is also believed, according to former Erie County District Attorney John Flynn, the first federal death penalty case ever tried in Buffalo.
"The main part of the trial is not, so much, if he (Gendron) is found guilty but will the jury sentence him to the death penalty," Flynn said.
Death penalty sentences are rare.
"This is like a puzzle and the prosecution has to put all the pieces together," Flynn said.
In both the guilty and death penalty phases, the jury most have a unanimous conclusion.
Even among the victim's family members, so would prefer life in prison over the death penalty.
Unlike the state case, U.S. Federal Judge Lawrence Vilardo has allowed several pieces of graphic evidence to be used by the prosecution including gut wrenching videos that Gendron filmed of the shootings.
That video along with other graphic evidence may be key factors in finding Gendron guilty and setting the stage for the jury to opt for the death penalty.
"But, the second phase (the death penalty) will be very difficult for the prosecution," Flynn said.
Earlier this summer, Vilardo predicted it may take one month - or longer - to seat the 12 person jury and six alternate jurors.
The actual case may take several months and assuming it begins sometime in November may stretch well into 2027's first quarter.
"Remember, this was a crime that was so horrific," Flynn said. "This wasn't just mass murder. This was mass murder with racial overtones and intentions."
Jury selection in multi-phase Gendron case begins in Buffalo
Jury selection in multi-phase Gendron case begins in Buffalo
