BUFFALO, N.Y. (WKBW) — The defense for the white supremacist who killed 10 Black people in a Buffalo grocery store is attempting to prevent the disclosure of his jail records, according to documents filed in federal court.
Federal prosecutors contacted representatives of both the Erie County Holding Center and Livingston County Jail to see if material existed in six different categories. It included, recorded non-legal communications of Payton Gendron, visitor logs, commissary purchases, non-legal correspondences, internet search history and other records normally kept of inmates.
Gendron was held in Erie County for nine months before being moved to Livingston County in February 2023.
Erie County officials told prosecutors they don’t have records pertaining to internet searches or recorded communications. The 7 News I-Team learned Gendron was not given a device while in Erie County.
The Correctional Services Bureau in Livingston County told prosecutors they have records for all six categories. Livingston County Sheriff Thomas Dougherty did not respond to the I-Team’s questions regarding potential internet access.
The shooting led to multiple investigations and lawsuits surrounding Gendron's use of online platforms.
Defense attorneys argued that providing the information to the prosecution would violate Gendron’s privacy and be a breach of confidentiality, adding that a subpoena should be used. The prosecution claims it does not need to demonstrate a good faith basis or relevance before accessing the records.
On Friday, the defense formally requested that the court prohibit access to Gendron’s pretrial detention records or that a hearing be held.
