CrimeSouth CarolinaJustice Departmentdylann roof

Dylann Roof Seeks Rehearing On Church Shooting Conviction

Attorneys for Roof argued that the court’s decision to uphold his federal conviction and sentence interpreted too broadly the Commerce Clause of the U.S. Constitution.
Meg Kinnard

Dylann Roof has filed the next step in his federal appeal, challenging a court’s confirmation of his conviction and death sentence for the 2015 racist slayings of nine members of a Black South Carolina congregation.

In a petition filed Wednesday with the 4th U.S. Circuit Court of Appeals, attorneys for Roof argued that the court’s decision last month to uphold his federal conviction and sentence interpreted too broadly the Commerce Clause of the U.S. Constitution, which authorizes Congress to regulate commerce among the states.

Last month, a three-judge panel of the court unanimously upheld Roof’s conviction and sentence, saying the legal record cannot even capture the “full horror” of what he did. The judges rejected arguments that the young white man should have been ruled incompetent to stand trial in the shootings at Mother Emanuel AME Church in Charleston. Now, Roof wants the full court to consider his appeal.

By accepting the government’s argument that a combination of factors including Roof’s use of the internet to post his views and research the church constituted “interstate commerce,” Roof’s lawyers wrote, the panel’s decision amounted to “an amorphous, unprecedented, and all-encompassing standard for federal Commerce Clause jurisdiction over local crime, effectively nullifying states’ traditional police power in that arena.”

In 2017, Roof became the first person in the U.S. sentenced to death for a federal hate crime. Authorities have said Roof opened fire during the closing prayer of a Bible study at Mother Emanuel, raining down dozens of bullets on those assembled. He was 21 at the time.

In his appeal, Roof’s attorneys had argued that he was wrongly allowed to represent himself during sentencing, a critical phase of his trial. Roof successfully prevented jurors from hearing evidence about his mental health, “under the delusion,” his attorneys argued, that “he would be rescued from prison by white-nationalists — but only, bizarrely, if he kept his mental-impairments out of the public record.”

Roof’s lawyers said his convictions and death sentence should be vacated, or his case should be sent back to court for a “proper competency evaluation.”

The 4th Circuit initially found that the trial judge did not commit an error when he found Roof was competent to stand trial and issued a scathing rebuke of Roof’s crimes.

“No cold record or careful parsing of statutes and precedents can capture the full horror of what Roof did,” the judges wrote. “His crimes qualify him for the harshest penalty that a just society can impose.”

It remains to be seen who exactly would hear the case, should the court grant Roof a full hearing. All of the judges in the 4th Circuit, which covers South Carolina, have recused themselves; one of their own, Judge Jay Richardson, prosecuted Roof’s case as an assistant U.S. attorney. The panel that heard arguments in May and issued August’s ruling was composed of judges from several other appellate circuits.

Along with his request for a full-court hearing, Roof also asked that either U.S. Supreme Court Chief Justice John Roberts designate a panel to consider the rehearing petition or the 4th Circuit’s chief judge designate other judges from within that district to make up such a panel.

After his federal trial, Roof was given nine consecutive life sentences after pleading guilty in 2017 to state murder charges, leaving him to await execution in a federal prison and sparing his victims and their families the burden of a second trial.

Earlier this summer, however, Attorney General Merrick Garland issued a moratorium and halted all federal executions while the Justice Department conducts a review of its execution policies and procedures. The review comes after a historic run of capital punishment at the end of the Trump administration, which carried out 13 executions in six months.

A federal lawsuit also has been filed over the execution protocols — including the risk of pain and suffering associated with the use of pentobarbital, the drug used for lethal injection.

As a candidate, President Joe Biden said he’d work to end federal executions. White House press secretary Jen Psaki said in March that he continues to have “grave concerns” about it.

If unsuccessful in his direct appeal, Roof could file what’s known as a 2255 appeal, or a request that the trial court review the constitutionality of his conviction and sentence. He could also petition the U.S. Supreme Court or seek a presidential pardon.

___

Meg Kinnard can be reached at http://twitter.com/MegKinnardAP.

 
 

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Before You Go

10 Major Crimes That Shocked the Nation (SLIDESHOW)
"Young L.A. Girl Slain; Body Slashed in Two" ― L.A.'s Daily News(01 of10)
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On Jan. 15, 1947, the remains of Elizabeth Short were found in a vacant lot in Los Angeles. What made this discovery the stuff of tabloid sensation, however, was the Glasgow smile left on the aspiring actress' face ― made with 3-inch slashes on each side. This, coupled with Short's dark hair, fair complexion and reputation for sporting a dahlia in her hair, led her to be dubbed "The Black Dahlia" in headlines. What followed was a media circus filled with rumors and speculation about the 22-year-old's checkered past. What haunts theorists to this day, apart from the victim's uniquely nightmarish visage, is that the case remains unsolved after some 200 suspects were interviewed and ultimately released, making it one of Hollywood's most lurid legends. (credit:WikiMedia: Trijnstel)
"I Am Not Guilty - Thus Lizzie Borden Pleads Before Judge Hammond at New Bedford." ― Boston Journal(02 of10)
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"Lizzie Borden took an axe And gave her mother forty whacks. And when she saw what she had done, She gave her father forty-one." So goes the lurid nursery rhyme to one of the most mystifying crimes ever. The nature of the deaths of Andrew J. Borden and his wife, Abby, are trumped only by the identity of the alleged perpetrator: their daughter Lizzie. Inexplicably found "not guilty" in contrast to the era's more usual swift justice, Lizzie's legacy was to be immortalized as one of the most perplexing cases of parricide in history. (credit:WikiMedia: Wikilug)
"Texas Mother Charged with Killing Her 5 Children" ― CNN(03 of10)
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In a case of mother-gone-mad that startled a nation, Andrea Yates appeared to her few friends and family to be a recluse suffering from postpartum depression leading up to the birth of her fifth child. That all changed on June 20, 2001, when she drowned five of her children in their home's bathtub. She was convicted in 2002 of capital murder, carrying a sentence of life in prison with possible parole. In a 2006 retrial, however, a Texas jury found her not guilty by reason of insanity. She was committed to a mental health facility. (credit:Getty Images)
"Buttafuoco Admits to Sex with Amy Fisher" ― New York Times(04 of10)
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Known as the "Long Island Lolita," Amy Fisher became involved with Joey Buttafuoco in May 1991. Shortly after the two began a sexual relationship (she was 16, while he was 35 and married with two children), his presence and influence in her life became all she cared for. Although he's since denied this, Buttafuoco would go on to help Fisher plan the murder of his wife, culminating in Fisher putting a bullet in Mary Jo Buttafuoco's head, but failing to kill her. In the highly publicized trial that ensued, Fisher accepted a plea deal for 15 years in prison in exchange for a testimony against Joey, who served out charges of statutory rape. (credit:Getty Images)
"Murder of a Little Beauty" ― People Magazine(05 of10)
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With her face gracing the covers of nearly every news and gossip rag during the winter of 1996, it's hard to suggest that the death of child beauty pageant queen JonBenét Ramsey had little effect outside the city of Boulder, Colorado. She was found dead from a blow to the head and strangulation in the family's basement. There was a ransom note left on the staircase asking for $118,000 (conveniently or coincidentally, nearly the same amount Mr. Ramsey received as a bonus that year) and no obvious signs of forced entry into the house. The evidence appeared to be stacked against parents John and Patsy, who maintained their innocence throughout the investigation. The case reopened in 2010, but critics cite poor handling of the crime scene as why the mystery of the events of that Christmas day continues. (credit:wikipedia.org)
"F.B.I. Joins Probe in Slaughter of 8 Nurses" ― Nashua Telegraph(06 of10)
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Tattooed with "Born to Raise Hell" on his arm, Richard Speck made good on his mantra through a history of violence, theft, alcoholism and spousal abuse. He achieved infamy when, on July 13, 1966, he walked into a dormitory armed with a knife and left eight student nurses dead in his wake. Only one, Cora Amurao, was spared, hiding under a bed until 6 a.m. Speck was found guilty of murder and died of a heart attack in prison. As one of the most press-worthy crimes of the decade, the grim events were used as the backdrop for an episode of "Mad Men." (credit:thesmokinggun.com)
"Sharon Tate, Four Others Murdered" ― Los Angeles Times(07 of10)
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Perhaps the most terrifying figure in American crime to have never actually killed anyone himself, Charles Manson founded a "family" of wayward individuals who hailed him as a prophet. So strong was his manipulation that on the night of Aug. 8, 1969, he ordered four of his followers to kill everyone at the residence of 10050 Cielo Drive ― including movie director Roman Polanski's wife, Sharon Tate, and her unborn child. Tate was stabbed 16 times, and her blood was used to write "pig" on the house's front door. The next night, Manson accompanied six of his family to the residence of supermarket executive Leno LaBianca and his wife, helping to bind them before ordering their deaths. In 1971, Manson and three of his fellow defendants were found guilty of murder in the first degree and several other crimes. At the time, it was the longest murder trial in American history, spanning nine and a half months, as well as the most expensive, estimating $1 million. Manson died in prison in 2017 at age 83. (credit:AP Images)
"Lindbergh Baby Kidnapped from Home of Parents on Farm Near Princeton; Taken from His Crib; Wide Search on" ― The New York Times(08 of10)
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Used as the basis for an Agatha Christie novel (Murder on the Orient Express) and dubbed "the biggest story since the Resurrection" by famed journalist H.L. Mencken, the kidnapping and murder of aviator Charles Lindbergh's infant son continues to fascinate theorists today. Charles Jr. was discovered missing from his second-floor bedroom on March 1, 1932, along with a note demanding a then-unimaginable $50,000, igniting a media frenzy like no other. The tabloid pandemonium prompted many tips and leads, but none as concrete as a package containing the boy's pajamas and another message demanding the ransom. After some misdirection from the presumed kidnapper, Lindbergh's child was discovered in the woods along a road near the family residence. Notwithstanding the evidence stockpiled against the easily vilified illegal German immigrant Bruno Hauptmann (who was sentenced to death), speculation prevails as to the true identity of the individual responsible for this tragic tale. (credit:Getty Images)
"Not Guilty as Sin" ― New York Post(09 of10)
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Still fresh in the minds of many and not to be easily forgotten, the trial of Casey Anthony turned Orlando, Florida, into anything but the "happiest place on earth." Following a series of lies, misdirection and manipulation by then-22-year-old Casey, her daughter Caylee's skeletal remains were found five months into the investigation, setting the stage for what could only be described as the most incessantly publicized and shocking trial in recent memory. The media had a field day that went on for months, highlighting the young, pretty party-girl image used against Casey Anthony in court as the prosecution tore apart an aimless defense ― or so it seemed. After throwing her own family under the bus, incriminating people entirely made-up ("Zanny the Nanny"), and fabricating elaborate stories for the police, Anthony was found not guilty of murder due to evidence deemed mostly circumstantial and not meeting the burden of "beyond reasonable doubt," inciting much debate regarding whether true justice was served. (credit:Associated Press)
"An American Tragedy" ― Time(10 of10)
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It was heralded as the "trial of the century." Former football star and actor O.J. Simpson found himself in the middle of the nation's biggest, most-televised trial following the deaths of his ex-wife Nicole Brown Simpson and her friend Ron Goldman, but not before fleeing an all-points bulletin in his Ford Bronco with 20 units in tow, interrupting game 5 of the NBA Finals. With a dream legal team including Johnnie Cochran, Robert Shapiro, and Robert Kardashian, the defense claimed Simpson was merely a victim of police fraud with regard to contaminated DNA evidence. Cochran famously quipped, "If it [the glove] doesn't fit, you must acquit." On Oct. 3, 1995, an estimated 100 million people from around the world tuned in to watch the jury hand down a verdict of not guilty, costing an estimated $480 million in lost productivity. The case incited a discussion of race in the judicial system that continues to this day. (credit:Alamy Images)
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