BUFFALO, N.Y. — The case against Payton Gendron, the man spending life in prison without parole for the racially motivated shooting that killed 10 Black people and injured three at a Tops supermarket in Buffalo on May 14, 2022, was back in federal court Tuesday.  

Gendron’s attorneys say the federal charges of committing hate crimes along with a premeditated act of terrorism is unconstitutional under the federal Hate Crimes Act in part because Congress doesn’t have the authority to enact it.

They also say the federal charges, which carries with it the death penalty, is not in the public’s best interest and doesn’t secure justice, as Gendron will already die in prison. 

Prosecutors disagree and say the act is clear and that it meets the criteria to move forward. 

They also say the act is not reviewable by the court. 

Family members of the victims were on hand in the courtroom. 

Garnell Whitfield, the son of victim Ruth Whitfield, says the federal case needs to move forward, the standard has been met and the evidence needs to be disclosed. 

“I very much believe that’s in the public interest, to have that revealed, to have that shown,” he said. “And so we can find out what was, what, who, where, was supportive of the actions of this person. So, I think that’s important to get that out in the public record.”

Gendron was once again not in the courtroom, with his team waiving his right to appear. That prompted a discussion, with the judge asking that Gendron speak for himself in the future. 

The judge did not rule on the matter but instead wants to review the testimony and relevant case law.  

There is no word yet on when that decision might be made. Another hearing is set for next month to discuss the death penalty sentence.