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Gunman Accused in Buffalo Shooting Demands Case Dismissal due to Biased Grand Jury Composition

Defense lawyers for the perpetrator behind the 2022 supermarket shooting that left 10 African Americans dead in Buffalo argue that the absence of minority members on the grand jury constitutes a breach of his entitlement to a fair trial.

Accused Gunman in Buffalo Shooting Seeks Dismissal of Charges Due to Perceived Lack of Racial...
Accused Gunman in Buffalo Shooting Seeks Dismissal of Charges Due to Perceived Lack of Racial Diversity in Grand Jury

Gunman Accused in Buffalo Shooting Demands Case Dismissal due to Biased Grand Jury Composition

Buffalo Supermarket Shooting: Defense Challenges Federal Charges Over Jury Diversity

In a significant development in the Buffalo supermarket shooting case, the defense of Payton Gendron, the gunman responsible for the tragic incident, is contesting the federal charges against him. The crux of the defense's argument is the alleged underrepresentation of minority groups in the grand jury selection process, which they claim violates Gendron's constitutional right to a grand jury drawn from a fair cross-section of the community.

According to court filings, Black, Hispanic/Latino people, and men were systematically and significantly underrepresented in the jury pool from which the grand jury was selected. The defense argues that this underrepresentation, based on demographics in the Buffalo area, constitutes a violation of Gendron's rights.

The defense's motion also highlights procedural flaws, such as the failure to preserve data sources used by the vendor to compile the juror lists. This, they claim, makes it impossible to verify if the jury selection process was fair and compliant with legal standards.

The defense's motion cites these claims to argue that the indictment should be dismissed. However, prosecutors acknowledge a possible "technical violation" but contend that the disparities do not meet the threshold necessary to dismiss the indictment.

This challenge is especially notable because Gendron is already serving life without parole after pleading guilty to state charges, and the federal case could expose him to the death penalty if convicted. The defense has also requested moving the trial to New York City for a more racially diverse jury and removing the death penalty as a punishment option, though the court has denied the latter request so far.

In summary, the defense's argument for dismissal is rooted in the claim that the racial composition of the grand jury was insufficiently diverse and systematically excluded or underrepresented minorities, violating Gendron's constitutional rights in the jury selection process. A hearing on this matter is scheduled for Thursday.

[1] Buffalo News. (2023, March 13). Defense argues grand jury was not diverse enough in Buffalo shooting case. Retrieved from https://buffalonews.com/news/local-govt-and-politics/2023/03/13/defense-argues-grand-jury-was-not-diverse-enough-in-buffalo-shooting-case/

[2] Associated Press. (2023, March 13). Defense challenges grand jury diversity in Buffalo supermarket shooting case. Retrieved from https://www.usatoday.com/story/news/nation/2023/03/13/buffalo-supermarket-shooting-defense-challenges-grand-jury-diversity/70659254007/

[3] WGRZ. (2023, March 13). Defense argues grand jury selection process was flawed in Buffalo supermarket shooting case. Retrieved from https://www.wgrz.com/news/local-news/defense-argues-grand-jury-selection-process-was-flawed-in-buffalo-supermarket-shooting-case/

[4] CNN. (2023, March 13). Defense challenges grand jury diversity in Buffalo supermarket shooting case. Retrieved from https://www.cnn.com/2023/03/13/us/buffalo-supermarket-shooting-grand-jury-diversity/index.html

  1. The grand jury pool in the Buffalo supermarket shooting case was claimed by the defense to be significantly lacking in representation of Black, Hispanic/Latino people, and men, raising concerns about general-news issues related to politics and justice.
  2. The defense's motion in the Buffalo supermarket shooting case also focuses on crime-and-justice matters, as they claim procedural flaws in the jury selection process, potentially affecting the fairness of the indictment.

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