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Why US appeals court upheld Dylann Roof's death sentence

Despite federal executions under review by the Department of Justice, an appeals court Wednesday upheld the death sentence for Dylann Roof, who killed nine people in a South Carolina church in 2015. The Trump administration carried out 13 federal execution in its last six months.

By Meg Kinnard and Denise Lavoie , Associated Press
Richmond, Va.

A federal appeals court Wednesday upheld Dylann Roof鈥檚 conviction and death sentence for the 2015 racist slayings of nine members of a Black South Carolina congregation, saying the legal record cannot even capture the 鈥渇ull horror鈥 of what he did.

A unanimous three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond 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.

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

In his appeal, Mr.听Roof鈥檚 attorneys argued that he was wrongly allowed to represent himself听during sentencing, a critical phase of his trial. Mr. Roof successfully prevented jurors from hearing evidence about his mental health, 鈥渦nder the delusion,鈥 his attorneys argued, that 鈥渉e would be rescued from prison by white-nationalists 鈥 but only, bizarrely, if he kept his mental-impairments out of the public record.鈥

Mr. Roof鈥檚 lawyers said his convictions and death sentence should be vacated or his case should be sent back to court for a 鈥減roper competency evaluation.鈥

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

鈥淒ylann Roof murdered African Americans at their church, during their Bible-study and worship. They had welcomed him. He slaughtered them. He did so with the express intent of terrorizing not just his immediate victims at the historically important Mother Emanuel Church, but as many similar people as would hear of the mass murder,鈥 the panel wrote in is ruling.

鈥淣o cold record or careful parsing of statutes and precedents can capture the full horror of what Roof did. His crimes qualify him for the harshest penalty that a just society can impose,鈥 the judges wrote.

One of Roof鈥檚 attorneys, Margaret Alice-Anne Farrand, a deputy federal public defender, declined to comment on the ruling. Mr. Roof鈥檚 other attorneys did not immediately respond to emailed requests seeking comment.

The Rev. Kylon Middleton, a close friend of Mother Emanuel Pastor Clementa Pinckney, a state senator who was killed in the massacre, said Mr. Roof鈥檚 appeal reopened some of the psychological wounds felt by loved ones of the victims and survivors. Rev. Middleton said he is personally opposed to the death penalty, but had accepted that as the sentence Mr. Roof received.

鈥淲e just want whatever the consequence or the justice that had been delivered based on the court鈥檚 ruling to be final, period,鈥 Rev. Middleton said.

Assistant U.S. Attorney Nathan Williams, one of the lead prosecutors on the case, said the mass shooting was one of the worst events in South Carolina鈥檚 history.

鈥淥ur office is grateful for the decision of the court, a decision that ensures, as the Court stated, that 鈥榯he harshest penalty a just society can impose鈥 is indeed imposed,鈥 Mr. Williams said in a statement.

All of the judges in the 4th U.S. Circuit Court of Appeals, which covers South Carolina, recused themselves from hearing Mr. Roof鈥檚 appeal; one of their own, Judge Jay Richardson, prosecuted Mr. Roof鈥檚 case as an assistant U.S. Attorney. The panel that heard arguments in May and issued the ruling on Wednesday was comprised of judges from several other appellate circuits.

Following his federal trial, Mr.听Roof was given nine consecutive life sentences听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.

Last month, 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 has also been filed over the execution protocols 鈥撎齣ncluding the risk of pain and suffering associated with the use of pentobarbital, the drug used for lethal injection.

President Joe Biden as a candidate said he鈥檇 work to end federal executions. White House press secretary Jen Psaki said in March that he continues to have 鈥済rave concerns鈥 about it.

Mr. Biden has connections to the case. As vice president, Mr. Biden attended the funeral for one of those slain, state Sen. Clementa Pinckney, who also pastored the congregation. During his 2020 presidential campaign, Mr. Biden frequently referenced the shooting, saying that a visit to Mother Emanuel helped him heal in the aftermath of the death of his son, Beau.

Mr. Roof鈥檚 attorneys could ask the full 4th Circuit to reconsider the panel鈥檚 ruling. If unsuccessful in his direct appeal, Mr. Roof could file what鈥檚 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.

This story was reported by The Associated Press. Ms.听Kinnard reported from Houston.