BUFFALO, NY (WKBW) — The case against confessed Tops gunman Payton Gendron returned to federal court in Buffalo Tuesday for a status conference.
Gendron has already pleaded guilty in the state investigation, but the federal case against him is still playing out.
Public defenders have stated he would plead guilty in the federal case if prosecutors drop the death penalty as an option, but a decision on the death penalty must come from Washington.
There is still no decision on whether or not the mass shooter will face the death penalty, but what we have learned is that the U.S. Deputy Attorney General will begin reviewing this case.
The prosecution telling U.S. Federal Judge Lawrence Vilardo Tuesday they've learned Deputy U.S. Attorney Lisa Monaco will now begin her review of the case.
Buffalo Attorney John Elmore represents some of the families of those killed more than one year ago at the Jefferson Avenue Tops and are awaiting word on a death penalty decision from Washington.
“Now she's a number two person in the Justice Department, and she's a former security and Homeland Security adviser under the Obama Administration and she'll make a recommendation to Merrick Garland, who will make the ultimate decision as to whether or not the government is going to seek death in this case,” replied Elmore.
Gendron waived his right to appear in court on Tuesday. He pleaded guilty to state charges one year ago Tuesday and is serving life in prison.
“I don't really want to extract my personal opinions, other than to say that the death penalty should be reserved for the most heinous criminals who commit the most heinous crimes,” Elmore noted. “The families that lost a loved ones are going to feel the pain forever.”
Judge Vilardo says he wants to keep a "short leash" on this case, as they await a decision, and he will hear two defense motions early next year.
“The defense attorneys made a motion to Judge Vilardo saying that the government just can't have access to Gendron’s prison records without the court's approval,” explained Elmore.
The other defense motion questions the selection process of grand jurors. The case will return to federal court in Buffalo on January 12th for a status conference and those oral arguments.
