Roof to offer no case before sentencing in church shootings

CHARLESTON, S.C. – Dylann Roof, convicted of killing nine black parishioners, will offer no case in his own defense as a jury next month considers whether he should be sentenced to life in prison or face execution for his June 2015 attack at Emanuel African Methodist Episcopal Church

Roof will make an opening statement when the sentencing phase of the trial resumes Jan. 3, he told U.S. District Court Judge Richard Gergel during a hearing Wednesday, but otherwise plans no defense.

“At this point I’m not intending to offer any evidence at all or call any witnesses,” Roof said as he addressed the judge, adding that he made that statement for the benefit of assistant U.S. attorneys who are pursuing the death penalty against him.

“I was just saying that for the prosecution,” Roof said.

“Well, don’t do them any favors,” Gergel told the defendant, who appeared in the striped uniform of the Charleston jail as well as handcuffs and leg shackles.

As the case moves to the sentencing phase, Roof, a self-described white supremacist, will serve as his own attorney, a decision made in a rift with his defense team over mental health evidence. Court documents and statements indicate the capital defenders had sought to present psychologists and psychiatrists who would testify that Roof suffers from an undisclosed mental defect.

Roof has opposed that move.

Gergel, while finding Roof competent to serve as his own attorney, has repeatedly urged the 22-year-old to reinstate his defense team, and again asked that he reconsider his “bad decision” to self-represent.

Gergel will allow Roof to reverse course on self-representation up until the sentencing phase begins.

“Will you at least promise me you’ll talk to your granddad and lawyers and your family before you make this decision?” Gergel said of Roof’s grandfather, who is an attorney.

“Yes,” Roof answered.

At the request of his attorneys, Roof in November underwent a closed competency hearing to determine whether he was capable of moving forward with the trial, one which included testimony from several mental health experts.

Following those proceedings, Gergel determined Roof could represent himself, but the evidence that was presented has not been disclosed.

Roof on Wednesday told Gergel he wanted that hearing to remain under seal, saying that making public those items defeats the purpose of his self-representation.

Courts typically make public the competency hearings after a criminal proceeding has closed, Gergel said. If and when that information might be released is complicated by a pending state death penalty case against Roof. 
Prosecutors indicated their case will include the lead FBI agent and likely more than 30 family members of victims.

As part of the sentencing phase, jurors will be asked to consider aggravating factors against mitigating factors as they determine which punishment Roof should receive.

During Wednesday’s hearing, prosecutors agreed to stipulate to mitigating factors including that Roof has no criminal conviction history and that he offered to plead guilty in exchange for a life sentence.

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With guilt, Roof must now look to sentencing