BUFFALO, N.Y. (WKBW) — Despite the federal government's attempts to have him brought to Downtown Buffalo, from Livingston County, Payton Gendron will be allowed to waive his right to be in court through his attorneys.
Watch: Will the Tops shooter's parents face any consequences?
Gendron, the racist man who opened fire at Tops in 2022, has not appeared in court in some time. There is a hearing about constitutional issues in this death penalty case on Tuesday morning.
The 7 News I-Team has discovered the shooter's attorneys don't want Gendron in court, because they say:
- This puts Gendron at a high-security risk, along with the US Marshals who would move him from Livingston County to Buffalo.
- Gendron's personal appearance would be highly scrutinized, which would add to publicity, increasing the risk that a potential jury pool would be tainted and he would not get a fair trial.
The federal government wanted Gendron in court to eliminate any potential for the shooter to say he didn't have adequate representation, if and when he were sentenced in this case.
Gendron was already sentenced to life in prison on state murder and hate crime charges. If he's convicted, Gendron is facing the death penalty in this federal case.
