The Tops shooters’ defense team has until next May to file a “notice of insanity”

BUFFALO, N.Y. (WKBW) — A week after our community marked the second anniversary of the Tops mass shooting. The shooter’s defense team may now adopt a new strategy in court.

Payton Gendron is already serving a life sentence without the possibility of parole on state charges, but he now faces the death penalty in the federal case. And now Gendron’s lawyers could raise an insanity defense.

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“It doesn’t really surprise me, Eileen, that the defense is exploring every possible option to avoid the death penalty,” responded Terrance Connors, a Buffalo attorney.

Connors reacts to the potential for an insanity defense. He represents seven family members of the ten victims killed in the racially motivated attack two years ago, as well as three injured survivors.

Lawyers for the defense and the governor appeared Tuesday in federal court in Buffalo. The judge told the defense she had until May 119, 2025 if she planned to file a notice of insanity.. This would allow the defense and the prosecution to retain their experts.

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“That immediately implies the possibility of the prosecution requesting a certain type of interview, a certain type of their own analysis by their own forensic expert, mental health expert. And so that process begins where it comes down to of a duel of experts to talk about the state of mind of the individual at the time of the commission of these horrible acts,” explained Connors.

The U.S. Department of Justice announced in January that it would seek the death penalty against Gendron.

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However, preparing for trial could be a lengthy process for families.

“I hope this doesn’t go on too long because it will take a toll on these wonderful families that we’re trying to help through this process and get them to have closure,” Connors responded.

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“But it’s really difficult to move forward with the conclusion because this death penalty trial seems to be a very long-term situation, from what I understand the trial would not start until 2025. The trial would not start until 2025. not before September 2025? » asked Buckley. “It’s true and not a day goes by that they don’t think about what happened on May 14, so the longer this goes on, obviously the more pain and suffering they must be experiencing,” remarked Connors. “The most important thing, I think, is that they’re looking for some sort of closure, Eileen, so that they can move on with what they want to accomplish in life, and they can get away from this horrible memory.”