CHARLESTON, S.C. — The same jury that unanimously found Dylann Roof guilty in the slayings of nine black parishioners at a South Carolina church will return to court Tuesday to begin considering his punishment.
US District Judge Richard Gergel issued an order Monday governing Roof’s movement within the courtroom during the trial, when he will be acting as his own lawyer.
Gergel ruled that Roof can’t approach witnesses or the jury during the hearing. He will also be sitting in a chair farthest from the jury and victims’ family members.
The jury last month found Roof guilty of 33 federal charges in the June 2015 slayings during a Bible study class at Emanuel AME Church.
On Thursday, Gergel ordered another competency evaluation of Roof ‘‘in an abundance of caution,’’ after his standby counsel filed a sealed motion again questioning Roof’s mental ability to proceed. The judge’s order specified he saw no reason to delay Tuesday’s start of the penalty phase.
On Monday, Roof was found competent to stand trial. Gergel made the determination after a daylong hearing. The judge heard about seven hours of testimony in the hearing, which was closed to the public and the media.
Prosecutors plan to call up to 38 people related to the nine people killed and three who survived the killings. Roof said last week he plans to call no witnesses and presenting no evidence.
Roof’s lawyers, including the noted death penalty litigator David Bruck, will serve as standby counsel, meaning that they may advise Roof but cannot address the jurors, or call or cross-examine witnesses.
During the penalty phase, prosecutors are expected to present evidence showing that Roof picked his victims because of their race, killed them to incite more violence, showed no remorse, and killed three particularly vulnerable people who were 70 years old or older.
Roof also faces nine murder charges in state court.
Even if Roof is sentenced to death in the federal trial, it’s highly unlikely he would be executed anytime soon. The federal government hasn’t carried out a death sentence since 2003.
Associated Press