A flurry of new information related to the federal death penalty case against Tops Market shooter Payton Gendron came forth Friday morning during a 95-minute court - with the headliner being that the trial will be held in Western New York and not in New York City.
U.S. Western District Judge Lawrence Vilardo denied a request by Gendron's defense team that the trial should be shifted to New York City because of the heavy publicity the case has received since Gendron shot and killed 10 people and injured another three in a May 14, 2022 horrific shooting spree at a Tops supermarket on Jefferson Avenue.
Philadelphia-based attorney Julie Brain, part of Gendron's defense team, also argued that New York City offered a better chance of securing a 12-person jury that is diverse.
"There is more diversity in New York City," Brain said.
Vilardo noted the jury will be selected from a pool of more than 1,200 candidates with the voltaire process scheduled to start in August.
"We have 1 million people here and that is a substantial pool to pick from," Vilardo said.
Vilardo said recent media coverage has focused more on trial proceedings than the actual event.
"News coverage today much less than it was four years ago," Vilardo said.
Vilardo said he is reserving his decision on whether the case should remain in the Robert Jackson Federal Courthouse in downtown Buffalo or move to Rochester until lawyers from the prosecution and defense file motions.
A decision may be made by Feb. 20.
Assistant U.S. Attorney Joseph Tripi said for the families of the victims - and, also for certain witnesses expected to testify - having the trial in downtown Buffalo is far more convenient and practical.
"Support systems are here in Buffalo, not Rochester," Tripi said
Tripi said his witness list has nearly 200 people on it, with the bulk coming from Buffalo.
"It's not as simple as a bus ride down the Thruway," Tripi said.
Vilardo said the trial should begin in mid-October and last anywhere from four months to six months. Most of the trial will take place on a Monday-to-Thursday schedule.
Gendron has already plead guilty in State Supreme Court and was sentenced to life in prison without parole.
The federal case will decide whether Gendron, who was 18 at the time of the shootings, will face life in prison without parole or the death penalty.
More legal proceedings are expected before the actual federal trial begins.