BUFFALO, N.Y. (WBEN)......As the federal trial of Tops mass shooter Payton Gendron enters its second of vetting possible jurors, the pace may seem slow to some, but legal experts said it is meticulous, by design.
"Everyone is on their toes," said Terry Connors, the prominent Buffalo defense attorney. "They have to be."
The key issue for both prosecutors and the defense team is a focus on the federal death penalty - a possible sentence Gendron may face, should the jury find him guilty on the 27 federal charges levied against him. Of those 27 charges, 20 would make him eligible for the death penalty.
The jurors must first find Gendron, 23, guilty of the May 14, 2022 racially-motivated attack at a Tops supermarket on Jefferson Avenue where he shot and killed 10 and injured three others.
Gendron's defense team conceded, several times, that their client will likely be found guillty.
Three years ago, in State Supreme Court Gendron pled guilty on state charges and was sentenced to life in jail -plus 90 years and no chance for parole.
The federal jury may also sentence Gendron to life in prison with no parole.
"Everyone is working very hard to get everything right," Connors said.
The case is the first where the federal death penalty is at stake in Buffalo's history and the first in New York State since 1963.
Connors said, after the first three days of voir dire, the trial is moving at a deliberate pace.
Federal judge Lawrence Vilardo, Connors' former law partner, is known for overseeing a very precise trial.
This one is no exception.
"It's historic stuff," Connors said.
Vilardo hopes to have a 12-person, 6-alternate jury enpaneled by mid-November and the trial could start by late November and is expected to last several months.
Vetting of prospective jurors to continue; trial still on pace to start next month
Vetting of prospective jurors to continue; trial still on pace to start next month
