[Deathpenalty] death penalty news----USA

[Rick Halperin]

July 6



USA:

Dylann Roof's lawyers seek dismissal of federal charges


Dylann Roof's lawyers are seeking to dismiss the federal indictment against 
Roof, saying his charges exceed the authority of the federal government and are 
unconstitutional.

The request was filed on Tuesday by Roof's defense attorneys.

Defense attorney Sarah Gannett argues that all 33 indictments against Roof 
should be thrown out because they assert federal jurisdiction in a case that 
should be left to South Carolina authorities.

Roof's lawyers say if the government withdraws Roof's death penalty, he will 
plead guilty as charged to all counts in the indictment.

On June 18, 2015, Roof was arrested by authorities in North Carolina, for an 
arrest warrant issued by the State of South Carolina.

He was transferred to South Carolina custody later that day and charged with 
various state offenses stemming from the shooting deaths of 9 people, and 
injury of 3 more at the Emanuel AME Church in Charleston on June 17, 2015.

Roof was later charged in federal court with related offenses, including 
obstruction of religious exercise resulting in death, hate crime acts resulting 
in death, and use of a firearm in connection with a crime of violence resulting 
in death.

Unlike in many federal cases, in which the state prosecution is dismissed in 
favor of federal prosecution, or in which the federal case is charged only 
after the state case, the federal and state cases here were charged 
concurrently.

The federal case is scheduled for November 7, 2016.

The state case is scheduled for trial on January 17, 2017.

In both the state and federal cases, Roof faces a potential death sentence or 
life in prison without release.

(source: WSPA news)