Tuesday marked the first day of the voir dire process, or in-person jury selection, in the federal death-penalty case against Payton Gendron, who carried out the May 14, 2022, racially motivated massacre at a Tops supermarket on Jefferson Avenue in Buffalo, killing 10 Black people and injuring three others.
Gendron, 23, is already serving life in prison after pleading guilty to state charges, but federal prosecutors are seeking the death penalty.
Once selected, the federal jury will first decide whether Gendron is guilty of the charges against him. If he is convicted on a death-eligible count, the same jury would then decide whether he should receive life imprisonment or the death penalty.
About 3,000 preliminary questionnaires went out earlier this year, and in June, roughly 1,200 prospective jurors advanced to a more detailed questionnaire. Now, some of those jurors are appearing before U.S. District Judge Lawrence Vilardo and attorneys for in-person questioning.
Vilardo questioned 12 prospective jurors as a group Tuesday at the Robert H. Jackson U.S. Courthouse about whether they had learned new details about the case since June or had any personal connections to the prosecution or defense.
“There are no right or wrong answers to any of the questions posed to you today,” Vilardo told the group.
Each prospective juror was then brought in for individual questioning.
Inside the courtroom
Gendron appeared in court alongside his defense attorneys, wearing a navy-blue shirt and pants and black-framed glasses. He was observed taking notes during jury selection and speaking with his attorneys.
The 12 prospective jurors questioned Tuesday — six men and six women — were all white.
Vilardo, prosecutors and defense attorneys questioned them primarily about their exposure to the case and their views on capital punishment. Questioning repeatedly returned to whether jurors could fairly weigh aggravating and mitigating circumstances.
Defense attorneys also used hypothetical scenarios, asking some prospective jurors whether they would allow the death penalty if they were creating the laws for their own island.
One prospective juror rated himself strongly in favor of capital punishment but said, “I believe that it should exist, but based on the individual case.”
Defense attorneys nevertheless challenged him over whether he could fairly consider mitigating evidence. Vilardo denied the challenge.
Jurors were also asked about prior exposure to the case. One prospective juror, told that footage Gendron recorded during the attack could be shown at trial, said, “I mentally cannot handle that.”
Another said he had already seen the footage, along with portions of Gendron’s written manifesto.
During individual questioning, defense attorneys also told prospective jurors they expect Gendron to be convicted of the federal charges and emphasized that their defense is not intended to minimize the harm caused by the attack.
Jury selection is expected to continue for several weeks. Prospective jurors are expected to be notified in November or early December whether they have been selected, with the trial expected to begin in December and continue through February.
Defense challenges jury pool
The start of voir dire came one day after Gendron’s attorneys filed a motion seeking dismissal of the federal indictment, arguing that Black residents are systematically underrepresented in the jury pool.
The defense contends that issue could be compounded during jury selection because of the shooting’s impact on Buffalo’s Black community.
As of Tuesday afternoon, no ruling on the motion had been publicly reported.
The case so far
Gendron pleaded guilty on Nov. 28, 2022, to murder, attempted murder and other state charges stemming from the attack.
He was sentenced in February 2023 to life in prison without the possibility of parole, along with additional consecutive sentences totaling 90 years.
