Defense lawyers for the gunman who killed 10 Black people in a racist massacre at a Buffalo Tops Markets in May 2022 have asked a judge to throw out his indictment, arguing an “improperly constituted grand jury” that indicted him did not have enough Black and Latino jurors.

Payton Gendron was deprived of his constitutional right to a grand jury drawn from a fair cross section of the community, his defense team said in a court filing.

A federal judge Thursday will hear oral arguments on the defense team’s latest bid to dismiss the federal grand jury indictment against Gendron. The gunman has already been sentenced by an Erie County judge to life in prison without parole on his guilty pleas to state charges of murder for the 10 people he killed, and attempted murder for the three he wounde

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