CHARLESTON, S.C. (WCBD) — Dylann Roof’s lawyers are seeking to dismiss the federal indictment against Roof, saying his charges exceed the authority of the federal government and are unconstitutional.
The request was filed on Tuesday by Roof’s defense attorneys.
Defense attorney Sarah Gannett argues that all 33 indictments against Roof should be thrown out because they assert federal jurisdiction in a case that should be left to South Carolina authorities.
Roof’s lawyers say if the government withdraws Roof’s death penalty, he will plead guilty as charged to all counts in the indictment.
On June 18, 2015, Roof was arrested by authorities in North Carolina, for an arrest warrant issued by the State of South Carolina.
He was transferred to South Carolina custody later that day and charged with various state offenses stemming from the shooting deaths of nine people, and injury of three more at the Emanuel AME Church in Charleston on June 17, 2015.
Roof was later charged in federal court with related offenses, including obstruction of religious exercise resulting in death, hate crime acts resulting in death, and use of a firearm in connection with a crime of violence resulting in death.
Unlike in many federal cases, in which the state prosecution is dismissed in favor of federal prosecution, or in which the federal case is charged only after the state case, the federal and state cases here were charged concurrently.
The federal case is scheduled for November 7, 2016.
The state case is scheduled for trial on January 17, 2017.
In both the state and federal cases, Roof faces a potential death sentence or life in prison without release.