Roof case: No early decision on trial date or whether Feds will seek death penalty

A federal judge grilled a federal prosecutor Tuesday in Charleston on when the case of accused church shooter Dylann Roof would be ready for trial and whether prosecutors would seek the death penalty against him.

Assistant U.S. attorney Jay Richardson told U.S. Judge Richard Gergel that the government would be ready to go to trial at any time but that Attorney General Loretta Lynch has not yet decided on whether to seek the death penalty.

Richardson told Gergel the earliest the government might decide to seek the death penalty against Roof would be as early as February, or as late as June.

Gergel was not pleased. He told Richardson that the defense is preparing for a death penalty case and on a weekly basis are submitting bills for cost incurred with the case, which are considerably more expensive than a regular case.

Roof, 21, has qualified as an indigent defendant, and his legal bills – the size of which has not yet been made public – are paid for by tax payers. He waived his right to appear in court.

Roof’s lawyer, David Bruck, told the judge that his client is ready to plead guilty immediately if the government does not seek the death penalty.

“The court is aware this case could be concluded very, very quickly – it’s a question of the death penalty,” Bruck told Gergel.

In an Oct. 1 hearing, Judge Richard Gergel had told the lawyers to report back to him in early December to tell him when the case was going to be ready for trial.

At that hearing, Gergel told both sets of lawyers that a death penalty trial is expensive and since he was drawing up the court budget for next year, he needs to know as soon as possible whether the government will seek the death penalty.

"This is one of those things where time matters," Gergel told the lawyers. "It’s you-all’s (the government’s) decision to make, but the longer it takes, it leaves a lot in doubt."

Roof is charged with federal hate crimes in the June killings of nine African-Americans at a downtown Charleston church. Those crimes are eligible for the death penalty, but as of Monday the government has not yet announced its plans.

Federal prosecutor Jay Richardson told Gergel in October that the U.S. Justice Department, which will make the decision, has given the Roof case its "highest priority" but has no set time by which it will decide. Attorney General Lorretta Lynch will make the decision, he said.

However, Richardson declined giving Gergel a specific date as to when the government will announce its decision.

At that hearing, Richardson told the judge the prosecution has turned over "more than 15,000 pages" of documents, along with voluminous video and electronic evidence, to the defense. In September, Richardson said, the government turned over thousands of more documents. "The core of the case has been provided," Richardson said.

Roof lawyer, David Bruck, told the judge that if the government does not seek the death penalty and allows Roof plead guilty, the case could be settled "almost immediately." In that case, Roof would serve a life sentence without parole.

Roof did not appear in court at the October hearing, having waived his right to be present. Roof has also waived his right to a speedy trial. Under federal law, a defendant is guaranteed the right to a fair and speedy trial within 70 days unless a judge grants an extension based on what is called "the interest of justice."

Such delays are routinely granted, especially in complex cases.

This story was originally published December 1, 2015 at 12:53 PM with the headline "Roof case: No early decision on trial date or whether Feds will seek death penalty."