A State Supreme Court judge has denied a request to release records in the state case against Buffalo mass shooter Payton Gendron, Erie County District Attorney Michael Keane’s office announced Tuesday.
Gendron, who awaits his federal trial for the racially motivated shooting deaths of ten people at a Buffalo supermarket May 14, 2022, pleaded guilty to charges in his state case and is serving a life sentence with no chance for parole. He could face the death penalty if convicted in his federal trial.
Last year, the Federal Public Defender’s Office submitted a Freedom of Information Law request to the Erie County DA’s Office in an attempt to obtain discovery materials in the state case. After the DA denied the request, the federal office filed an Article 78 Petition, hoping the court would order the release of those records.
Justice Gerald Greenan III denied that petition, determining that while the state case is closed, a protective order on the state records remains in effect unless modified or vacated by the court which issued that order. Under that order, issued in 2022 by Erie County Court Judge Susan Eagan, the records may only be disclosed to defense counsel, and not shared with anyone other than the DA’s support staff, attorneys, investigators, or experts working on the state case.
The Erie County DA’s Office argues that releasing the records could interfere with an ongoing federal investigation.
“I am pleased that the Court upheld our office’s determination by denying this Article 78 petition,” said District Attorney Keane in a written statement. “Transparency is a fundamental principle of our justice system, but we must carefully balance our obligations under Freedom of Information Law while abiding by court orders, protecting the integrity of investigations, safeguarding victims and witnesses, and ensuring fair due process for the accused.”
Gendron’s federal trial is currently scheduled to begin in August.
