As a former Assistant U.S. Attorney, Anthony Bruce has an understanding of how federal prosecutors proceed. After reading through the 27-count indictment handed down Thursday against the man accused of killing 10 Black people on May 14 at the Jefferson Avenue Tops, he sees how the case is likely to move forward.
"They've told the world now, officially, that the wheels of justice are turning toward the death penalty," Bruce told WBFO.
"There are a whole series of special allegations, special findings, at the end of the indictment which are only necessary in an indictment that seeks both to find him guilty and to find the death penalty applies."
Bruce doesn't believe the case should be that difficult to prove against the accused. Seeking the death penalty was more uncertain until yesterday's indictment.
There are, of course, other steps to make before that happens. The U.S. Attorney General will first need to make that determination.
"He will sign off on it (the death penalty) one way or another," Bruce explained.
"The sign off will be, yes go seek it or no, you don't have my authority to go seek it."
The 27-count indictment includes 10 hate crimes resulting in death and three counts of hate crimes attempting to kill.
While the court of public opinion may have already made up its mind on the verdict and punishment, Bruce explains the final hurdle will be difficult.
"The problem is then taking 12 good people (on a jury) from the Western District of New York and convincing them to impose the death penalty in this case."
