Skip to main content

USA | Justice Department's first death penalty case under Garland

"This Justice Department is far more reluctant to use the death penalty, certainly than the Trump administration was, and far more cognizant of the problems, but it's not willing to throw away the death penalty altogether."

WASHINGTON - Just a few months after he took office, Attorney General Merrick Garland issued a moratorium to halt federal executions -- a stark contrast after his predecessor carried out 13 in six months. Under Garland's watch and a president who vowed to abolish the death penalty, the Justice Department took on no new death penalty cases.

That changed Friday as federal prosecutors said they would seek capital punishment for a white supremacist who killed 10 Black people at a Buffalo supermarket. The decision doesn't change the halt on federal executions, but Garland's first approval of a new capital prosecution opens a new chapter in the long and complicated history of the death penalty in the U.S.

Those complexities have been on full display in recent years. President Joe Biden campaigned in part on a promise to abolish it but has taken few concrete steps to do so. The Justice Department has pulled back significantly on the use of capital punishment under Garland's leadership, but also has shown a continued willingness to use it in certain cases.

White House spokesman Andrew Bates didn't take issue with the decision in the Buffalo case Friday, saying the president has discussed his views on the issue and would leave individual cases to the appropriate authorities. The Justice Department, in keeping with its practice on ongoing cases, did not explain its decision.

"It's a little hard to identify a consistent approach," said Eric Berger, a law professor at the University of Nebraska. "This Justice Department is far more reluctant to use the death penalty, certainly than the Trump administration was, and far more cognizant of the problems, but it's not willing to throw away the death penalty altogether."

Under Garland, the Justice Department has reversed more than two dozen decisions to seek the death penalty, including for alleged gang members accused in the deaths of two teens in New York. Garland has authorized the continuation of only two death penalty cases he inherited, including another mass shooting at a Pittsburgh synagogue motivated by hate.

Robert Bowers was sentenced to death in August for carrying out the deadliest antisemitic attack in U.S. history when he shot and killed 11 worshipers in 2018. The other case was against Sayfullo Saipov, a 35-year-old Islamic extremist convicted of maniacally racing a truck along a popular New York City bike path, killing eight people and maiming others. A split among jurors meant he was not sentenced to the death penalty.

In Buffalo, 20-year-old Payton Gendron pleaded guilty to driving across the state to target a largely Black neighbourhood and carrying out the attack with a semi-automatic weapon marked with racial slurs and phrases including "The Great Replacement," a reference to a conspiracy theory that there's a plot to diminish the influence of white people.

"It's a mass shooting, and mass shootings have only increased over the years and gotten worse. It was also racially motivated, and that seems to be a huge factor here," said Deborah Denno, a Fordham University law professor who studies the death penalty. "Garland is sort of indicating what he thinks is important, what would drive him to ask for the death penalty."

In changes made under Garland, the Justice Department's manual instructs prosecutors to give more weight to cases involving the most harm to the country.

Still, the department chose not to pursue the death penalty in another racist mass shooting targeting Hispanic people that left 23 people dead in an El Paso Wal-Mart. In that case, 24-year-old shooter Patrick Crusius was diagnosed with a severe mental health condition, which may have played a role.

There's been no public evidence of mental illness so far in the Gendron case. But courts are increasingly questioning severe punishments for young defendants amid new research on brain development, said Robin Maher, executive director of the Death Penalty Information Center. Gendron has also pleaded guilty and expressed "sincere remorse," and been sentenced to multiple life sentences without the possibility of parole, she said.

"This federal trial will take a long time and they will cost taxpayers millions of dollars in pursuit of the very same result that exists today, which is that Mr. Gendron will die in prison," Maher said.

Legal Defense Fund President Janai Nelson condemned the decision, saying that the history of the death penalty has been rife with racial discrimination. "Justice for the many Black people that were killed in this horrendous attack does not begin with pursuit of the death penalty," she said. "In times rife with extreme violence, we cannot resort to capital punishment as a solution."

Death penalty opponents have long argued Biden has done little to fulfill his campaign promise and want him to commute sentences of those on federal death row. During his presidency, the Justice Department has fought vigorously in courts to maintain the sentences of death row inmates, an Associated Press review of dozens of legal filings found. And while the moratorium on federal executions Garland announced in 2021 means no federal inmates will be put to death while it's in place, there have been no public signs that a review of execution policies that he ordered at the same time is nearing completion.

In Buffalo, the victims' loved ones have had different feelings on whether they thought prosecutors should pursue the death penalty. The death penalty decision-making process calls for a lengthy review involving the U.S. Attorney overseeing the case and a review committee.

"Garland is extremely exacting and meticulous and nonpartisan and careful," Berger said. "Whether or not you agree with his ultimate decision, he's going to play the process exactly by the book."

Source: The Associated Press, Staff, January 13, 2024


_____________________________________________________________________











Most viewed (Last 7 days)

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Iran executes three more January protesters accused of spying for Israel, US

In a statement, the judiciary said that “the death sentences of Hassan Deoband, Hamid Kazemi, and Reza Zangana were carried out on charges of ‘participating in operational action for the infamous Zionist regime and the United States and hostile groups.’” ERBIL, Kurdistan Region of Iraq – Iran on Sunday executed three more protesters over their involvement in the nationwide demonstrations in January, the judiciary announced, accusing them of spying for the United States and Israel and destroying infrastructure. 

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

Newsom Commutes the Sentences of California’s 548 Death Row Inmates

Gov. Gavin Newsom, in one of his last acts, commuted the sentences of all prisoners with death sentences, calling capital punishment morally objectionable. That’s about 1/4 of death sentences nationwide.  Gov. Gavin Newsom of California moved to spare the lives of all 548 prisoners on the state’s death row on Thursday in the largest mass commutation of death sentences in modern American history.  Mr. Newsom said he made the decision because he finds capital punishment morally objectionable. He reduced every death sentence to life in prison without parole, a sweeping move that will require a review by the state’s highest court in some cases and could draw legal challenges. 

Oklahoma Death Row inmate James Pavatt scheduled to be executed Thursday

James Pavatt is scheduled to be executed on Thursday for the 2001 killing of an Oklahoma City man. OKLAHOMA CITY—Oklahoma Death Row inmate James Pavatt is set to be executed for the 2001 murder of advertising executive Rob Andrew. His execution is scheduled for Nov. 12, 2026. In 2004, Pavatt and his lover/co-conspirator, Brenda Andrew, were sentenced to death for planning the killing of her estranged husband in an attempt to claim his $800,000 life insurance policy. Brenda is the only woman on Oklahoma’s death row.

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.