BUFFALO, NEW YORK – Lawyers in the federal death penalty case against Payton Gendron returned to court Wednesday, as preparations continue for the trial over the 2022 Buffalo Tops supermarket shooting that killed 10 Black people and injured three others.
Much of the session focused on the prospective jury questionnaire, with discussions centered on whether questions should probe potential jurors’ personal beliefs or how they would actually vote if selected. Language referencing Gendron’s age was removed from a question about jurors’ experiences with or thoughts on hate-based crimes.
Attorneys also debated whether the questionnaire should ask if jurors would be uncomfortable knowing that a single “no” vote on the death penalty would result in a life sentence, and whether such instructions need to be provided later. Other considerations included phrasing around mitigating “factors” versus “circumstances” and how to explain that a jury’s death penalty decision is intended to be final, though it could potentially be overturned.
Questions also arose about how to ask jurors about their views on individuals who commit specific crimes. Separately, Gendron’s effort to dismiss the indictment—arguing the grand jury was unrepresentative and contained technical errors—was rejected.
Gendron is already serving a life sentence, and the federal trial is expected to begin in August.