BUFFALO, N.Y. (WIVB) — The attorneys representing the Tops mass shooter have filed a motion to dismiss his federal indictment, claiming it was obtained in violation of the Fifth and Sixth Amendments, and in violation of the Jury Selection and Service Act.
The motion claims there was systemic underrepresentation in the grand jury that indicted Payton Gendron. It also alleges the jury was “drawn from a pool from which approximately one third of the Black persons expected and one third of the Hispanic/Latino persons expected weremissing.”
In addition, the attorneys claim the records compiled for what is called the “master jury wheel” were not kept, despite the Jury Selection and Service Act requiring it…