Roof’s plan for trial’s next phase: No witnesses, no evidence

Convicted Charleston church killer Dylann Roof said for the first time Wednesday that he will not present any witnesses, adding to another risky decision that could cost him his life.

Roof repeated during a hearing that he intends to represent himself at his hate crimes trial’s sentencing phase, slated to begin Tuesday in the Port City. The same jurors who found him guilty earlier this month of the slayings of nine black parishioners will determine whether Roof is executed or lives the rest of his life in prison.

His statement Wednesday to federal Judge Richard Gergel was the first time Roof had made clear he will call no one to speak for him in the final phase of his trial. No witnesses spoke for Roof in the guilt portion, either.

“As far as I know at this point, I’m not going to offer any evidence at all during the sentencing phase or any witnesses,” Roof told Gergel, standing handcuffed before the judge in a striped, white and gray jail jumpsuit.

However, Roof did tell Gergel on Wednesday about how he will present other parts of his case.

“First of all, if I can, I am ready to tell you now that I do intend to give an opening statement after (the prosecution’s),” said the avowed white supremacist, adding he would also provide a closing statement.

Roof did not reveal what he might tell the jury in those statements. So far, Roof has expressed no remorse for the killings, and no one knows if he will attempt to explain to the jury that the killings were justified by his racial beliefs.

His decision also makes it likely that the jury will not hear evidence that Roof was “delusional” and mentally unstable – evidence that his lawyers repeatedly tried to get before the jury during the trial’s first phase. A death penalty jury can consider such evidence as a reason not to impose the ultimate punishment.

On Dec. 15, the jury found Roof guilty of all 33 counts, including hate crimes, in the June 2015 killings at a historic African-American church.

During the 34-minute hearing Wednesday, Roof’s renowned death penalty attorney, David Bruck, sat beside Roof, but made no statement.

Gergel once again told Roof he has until Tuesday to change his mind and have Bruck represent him. Gergel stressed that Roof should be open to listening to the advice of his family and his lawyers, and again admonished his decision to represent himself.

“Will you at least promise me that you will talk to your granddad and your lawyer and your family before you make that final decision?” asked Gergel with a tone of frustration.

Roof said he would.

Federal prosecutor Jay Richardson told Gergel he has more than 30 potential witnesses who would testify during the sentencing phase. However, not all may be called to the stand, Richardson said.

Shooting survivor Felicia Sanders – whose harrowing testimony brought many to tears in court – has said she will testify again.

During the hearing, Gergel said the jury will be given several facts, including Roof’s date of birth, to note that at the time of the killings at Emanuel AME Church, Roof was 21. Age at the time of a crime plays a role in potential sentences.

Gergel also asked that it be noted to the jury that Roof had no prior convictions. Though Roof was arrested on drug charges in February 2015, four months before the slayings, he had not been convicted by the time of the shootings. The jury also will be told that Roof, through Bruck, offered to enter a guilty plea in the church shootings in exchange for life in prison.

When Roof was given the opportunity to speak Wednesday, he walked up to the podium, shackled, to address Gergel.

Roof objected to evidence that is under seal and was discussed in a limited way in court. He then asked Gergel to also redact video visits and statements involving his mother, if Gergel planned on releasing Roof’s November mental competency hearing.

“The unsealment of my mental competency defeats the purpose of me representing myself,” Roof said.

But Gergel told Roof that the need for secrecy passes once the trial is over. Gergel did say, however, that because Roof is still facing a state trial, there’s a chance that his mental competency hearing will be passed along to state court, still sealed from a public airing.

“It’s a complicated issue,” Gergel said.

This story was originally published December 29, 2016 at 8:00 AM with the headline "Roof’s plan for trial’s next phase: No witnesses, no evidence."