BUFFALO, N.Y. (WKBW) — Defense attorneys representing Payton Gendron, the man who shot and killed 10 Black people almost three years ago, now want the federal death-penalty eligible trial to start after the fourth anniversary of the shooting at Tops on Jefferson Avenue.
The trial was supposed to start in September. A judge has decided to delay the start until January 2026.
Gendron's attorneys have already asked the judge to delay the trial a year, though the judge has categorically denied that request.
Watch: 'Not adjourning for a year': Trial will move forward for Buffalo mass shooting gunman
Under that premise, the defense attorneys argue the trial should start "on or after June 1, 2026."
"This schedule avoids the prejudice associated with a trial of this case on or around May 14," defense attorneys wrote in a motion filed Thursday.
Otherwise, the attorneys for the gunman insist, the penalty phase of this trial would overlap with the fourth anniversary of the shooting. They say if the two overlap, Gendron would not have a fair opportunity in court because of the increased media attention on the anniversary.
Gendron, already convicted in state court of murder and hate crime charges, requested that the federal court remove the death penalty as a potential sentence in his trial. United States District Court Judge Lawrence Vilardo denied that request.
Gendron's attorneys have said he would consider pleading guilty to federal charges if he doesn't have to face the death penalty.
It's unclear when a judge will make a decision about the latest motion to delay the start of this federal trial.
