The upcoming proceedings relate to separate federal charges, where prosecutors are seeking the death penalty, and jurors could ultimately decide whether Gendron is executed or remains in prison for life.
1. Jury Selection Is Expected to Be Extensive and Highly Structured
Prospective jurors will undergo a multi-step vetting process that includes written questionnaires and in-person questioning designed to assess their ability to remain impartial in a capital case. More than 1,200 individuals were initially identified as potential jurors. At the end of the jury selection process, 12 jurors and several alternates will be selected for the federal trial.
The questionnaires are expected to probe prospective jurors’ views on the death penalty, their broader attitudes toward the criminal justice system and hate-based crimes, and their ability to remain fair and impartial. Attorneys on both sides will later question candidates in person as part of the selection process.
Legal experts say such processes in death penalty cases are often more rigorous than in other criminal trials, reflecting the need to seat jurors who can fairly consider both guilt and sentencing.
“Gendron has already pleaded guilty to the murders in New York state court, so his conviction in federal court is a mere formality. Obviously, the big difference is that New York does not have the death penalty and the federal system does," Neama Rahmani, a former federal prosecutor and now president of the firm West Coast Trial Lawyers in Los Angeles, told Newsweek.
"Jury selection will be entirely about prospective jurors’ thoughts on the death penalty and whether they can impose it if the prosecution proves that the aggravating factors in the case outweigh the mitigating ones," Rahmani said. "The defense, of course, will look for jurors who are reluctant to impose a death sentence. Race is also a huge issue in the case because Gendron was white, the victims were Black, and the government believes race was the motivating factor in this mass shooting.”
2. The Case Places Unusual Demands on Jurors
If selected, jurors in Gendron’s federal trial will likely be tasked with a two-phase proceeding: first determining guilt, and then, if necessary, weighing whether a death sentence is appropriate.
That added responsibility underscores why jury selection can take weeks or months. Prospective jurors must indicate whether they are willing to consider both life imprisonment and the death penalty, an issue that could shape how attorneys select or challenge candidates.
Gendron has already pleaded guilty to state charges tied to the attack and is serving life in prison without parole, but federal prosecutors are pursuing separate charges that carry the possibility of capital punishment.
"He will be found guilty. The evidence is overwhelming: Video, witnesses, livestream, warnings, physical evidence," Coffindaffer said. "If convicted, I think he will skirt receiving the death penalty if he shows remorse as he did in the state trial. His age will be the main factor. He had just reached the age of majority."
3. Pretrial Issues Could Influence Jury Selection Dynamics
Gendron’s defense team has sought access to jury records as it weighs a potential challenge to how jurors are selected, arguing in prior filings that jury pools may not reflect a fair cross-section of the community. Attorneys have pointed to concerns about the representation of minority groups in earlier proceedings, an issue that could factor into jury selection as the case moves forward.
The issue underscores the importance of assembling a jury capable of delivering a fair and impartial verdict, as Gendron faces federal charges tied to a racially motivated mass shooting in which prosecutors are seeking the death penalty.
What To Know About the Buffalo Supermarket Mass Shooting
On May 14, 2022, Gendron opened fire at a Tops Friendly Markets store in Buffalo, killing 10 Black people and injuring three others. The attack targeted a predominantly Black neighborhood and was later described by authorities as racially motivated.
Investigators said Gendron livestreamed part of the attack and was taken into custody at the scene. Federal prosecutors later filed charges that include hate crimes resulting in death and firearms offenses.
The case has drawn national attention as one of the deadliest racially motivated mass shootings in recent U.S. history.
Who Is the Buffalo Supermarket Mass Shooter, Payton Gendron?
Gendron was 18 years old at the time of the shooting and had traveled to Buffalo from another part of New York before carrying out the attack. At his sentencing hearing, he admitted to killing the victims because they were Black.
He pleaded guilty in November 2022 to state charges including murder, domestic terrorism, and hate crimes, receiving multiple life sentences without the possibility of parole.
Separately, Gendron faces federal charges tied to the same incident. Prosecutors have said they intend to seek the death penalty if he is convicted in federal court.
What’s Next in Payton Gendron’s Case
Jury selection is scheduled to begin on Monday, marking a critical step toward the anticipated federal trial.
The process is expected to be lengthy, with attorneys narrowing a pool of prospective jurors before opening arguments begin. The next step is for potential jury members to complete additional questionnaires at the court. Those who advance beyond the next stage will be questioned by attorneys in August.
The trial itself is currently expected to start in October, though timelines could shift depending on the pace of jury selection and pretrial motions.
If convicted, jurors would then determine whether Gendron should receive a death sentence or remain imprisoned for life.
Source: Newsweek, Anna Skinner, June 15, 2026
"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
but by the punishments that the good have inflicted."
— Oscar Wilde
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