Monday is deadline to submit witness list in federal Tops shooter trial

The list also includes potential experts and exhibits that the two sides hope to enter into evidence
Robert H. Jackson Federal Courthouse
Photo credit Brayton J. Wilson - WBEN

Buffalo, N.Y. (WBEN) - Another step in the federal death penalty trial for the Tops mass shooter takes place Monday when attorneys will submit their list of potential witnesses to the court.

The list will not just include witnesses, but also potential experts and exhibits that the two sides hope to enter into evidence.

"It's a private disclosure that will be done under seal," said Attorney John Elmore, who represents some of the victims' families in civil cases. "The purpose of it is to file notice of what the evidence is going to be as they prepare for trial."

The trial is scheduled to start with jury selection in August. It's then we may hear whether or not it will be moved from Buffalo.

"There has been a motion for a change of venue," Elmore said. "During the jury selection process, all these jurors are going to receive questionnaires and be questioned individually by the judge. If it appears at that point in time that you can not get a fair and partial jury, then it would be transferred to another part of the state. That determination will not be done any time soon."

Gendron is already serving life without parole after pleading guilty to state charges for killing 10 people at the Tops Friendly Market on Jefferson Avenue in 2022.

Featured Image Photo Credit: Brayton J. Wilson - WBEN