Attorneys representing Payton Gendron, the white supremacist who killed ten Black individuals at a Buffalo supermarket in May 2022, have filed a motion requesting that his upcoming federal death penalty trial be relocated from Buffalo to New York City. They argue that pervasive local media coverage and Buffalo’s racial demographics would hinder the selection of an impartial and diverse jury.
Gendron, who was 18 at the time of the attack, is currently serving a life sentence without the possibility of parole after pleading guilty to multiple state charges, including murder and domestic terrorism motivated by hate. The federal trial, in which he faces additional hate crime and weapons charges, is scheduled to commence in September.
In their motion, Gendron’s defense team contends that approximately 85% of Buffalo’s Black residents reside in East Buffalo, the neighborhood where the shooting occurred. They assert that many potential jurors from this community would likely be disqualified due to personal connections to the case, thereby compromising the formation of a representative jury. The attorneys further highlight the extensive local media coverage surrounding the incident, suggesting it could bias potential jurors.
“If the verdict in this case is to carry any moral authority, it should be delivered by a diverse group of citizens,” the defense stated in their filing. “But, given the history of segregation in Buffalo, that is exceedingly unlikely” if the trial remains there.
They propose transferring the trial to the Southern District of New York, which encompasses Manhattan and the Bronx, areas with more diverse populations and less direct exposure to the case. The defense believes this move would facilitate the selection of an impartial jury.
The U.S. Attorney’s Office in Buffalo has not yet responded to the motion. Family members of the victims have expressed opposition to relocating the trial. Barbara Massey Mapps, whose sister Katherine Massey was killed in the attack, stated, “We don’t want that. No, no no.”
Gendron’s attorneys have also filed a separate motion to remove the death penalty as a possible punishment, arguing that the decision to seek capital punishment was made with “discriminatory intent and effect.” This motion is pending a ruling.
The court has yet to decide on the change of venue request. Legal experts note that such motions are uncommon and often denied, especially when jury selection has not yet demonstrated an inability to seat an impartial panel. Attorney John Elmore commented, “My legal training tells me that this motion is premature, but I’m not surprised that the defense attorneys filed it.”
Gendron’s attack, which he livestreamed, was motivated by white supremacist ideologies, specifically the “great replacement theory.” He meticulously planned the assault to target Black individuals, aiming to inspire similar acts.
As the legal proceedings continue, the community of Buffalo remains deeply affected by the tragedy, with ongoing discussions about racial segregation, media influence, and the pursuit of justice in such high-profile cases.