CHARLESTON, S.C. — Dylann Roof, who was convicted earlier this month of killing nine people in a black church in Charleston, said he won’t call any witnesses or present evidence when he represents himself in the punishment phase of his death-penalty trial.
But he is working to keep secret some of the evidence that prosecutors plan to unveil about Roof and his family.
What that evidence is remains a mystery. Roof, the judge and prosecutors tiptoed around describing it during a hearing Wednesday. The judge has indicated that it may be allowed during the penalty phase of the trial, which starts next week.
The same jurors who earlier this month convicted Roof of killing the church members in a racially motivated attack will hear from Roof and the families of victims. At the end of the penalty phase, the panel will decide whether Roof, who is white, should be put to death or spend the rest of his life in prison.
Roof was warned by U.S. District Judge Richard Gergel that being his own lawyer was a bad idea. “That’s your decision,” Gergel said. “I think that highlights my advice to you that you aren’t served by being your own counsel.”
Gergel told Roof to talk to his grandfather, who is a lawyer, and other family members one last time. He told Roof he has until the start of the penalty phase Tuesday to change his mind and rehire his publicly funded defense team.
Roof spoke for less than 10 minutes of the 35-minute hearing. He told Gergel that he plans to have opening and closing arguments. He also told the judge that he objects to prosecutors’ plans to present a photograph in the court’s possession. Roof, Gergel and Assistant U.S. Attorney Jay Richardson talked about it without saying what it is.
Gergel said there was a hearing in which he decided it could be admitted in the penalty phase.
Roof also wanted a jailhouse statement left out of the penalty phase, as well as evidence that involved his mother. No specifics were given. Gergel told Roof to write a motion for him to consider.
Roof’s defense attorneys wanted to call mental-health experts, but Roof has indicated he will not. In his journal, which was read to the jury during his trial, Roof said he doesn’t believe in psychology.
“It is a Jewish invention and does nothing but invent diseases and tell people they have problems when they don’t,” Roof wrote.
Prosecutors also laid out their case Wednesday. Most of the penalty phase will involve up to 38 people related to the nine church members killed and the three people spared when Roof went into Emanuel African Methodist Episcopal Church on June 17, 2015, sat through a 45-minute Bible study in the fellowship hall, then fired 77 shots.
Gergel, who said during the guilt phase that prosecutors were repeating themselves at times with witnesses, said he will allow Richardson to call as many relatives of the victims as he wants. “The statute provides broad leeway for the victims to be heard, and I plan on honoring that,” the judge said.
Richardson said he also will call the chief FBI agent on the case to tie up loose ends and refresh jurors’ memories.
By JEFFREY COLLINS, ap
Source: nwaonline.com
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