For the reasons stated in the attached decision and order, the Court GRANTS in part and DENIES in part Gendron's requests. The Jury Administrator shall provide this Court with the records by April 2, 2025. The documents produced under this decision and order are subject to 213 Amended Protective Order Governing Jury Records. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/12/2025. (LAS) (Entered: 03/12/2025)

Payton Gendron must provide records to the government as described in the Decision and Order by January 31, 2025.

By February 7, 2025, Livingston County Jail shall give defense counsel updated records related to Gendron. Furthermore, Livingston County Jail must produce updated records by March 31, 2025; May 30, 2025; and July 31, 2025.

Within 14 days of receipt of new records, defense counsel shall disclose the records to the government, with records withheld or redacted in the same manner that the Court has ordered in the Decision and Order.

SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 1/24/2025. (LAS) (Entered: 01/24/2025)

The Court orders the following schedule for proceedings related to 156 Decision & Order and pursuant to 194 Joint Proposed Schedule:

Gendron's log of materials that he contends should not be disclosed to the government with a brief statement of the reasons therefor is due August 2, 2024.

The government's response identifying documents to which non-disclosure is conceded and documents to which entitlement to disclosure is disputed with a brief statement of the reasons therefor is due August 16, 2024.

The government's motion for disclosure of remaining disputed materials, if any, is due August 30, 2024.

Gendron's response to the government's motion for disclosure is due September 20, 2024.

The government's reply is due October 4, 2024.

If necessary, the Court will schedule oral argument at a later date.

The Court has reviewed the parties' submissions and proposes the following schedule, to which the parties should be prepared to respond at oral argument:

The following are due by February 3, 2025: Gendron's motion to establish procedures for his Rule 12.2 notice; the government's motion to establish procedures for its motion for an examination (to include a proposed deadline or date range for the proposed examination, and whether the government's motion for an examination will include: the identity of the expert(s), the specific tests the experts will propose, and the scope of the inquiry and questioning the experts will propose); and both parties' proposed procedures for the disclosure of results and reports pursuant to Rule 12.2(c)(2) and (3).

Responses from both parties are due by March 3, 2025.

Replies from both parties are due by March 24, 2025.

Oral argument will take place during the week of April 14, 2025.

Gendron's notice of intent is due by May 19, 2025.

The government's motion for an examination is due by June 2, 2025. Gendron's response is due by June 16, 2025. The government's reply is due by June 23, 2025. Oral argument will take place during the week of July 7, 2025.

For the reasons stated in the attached decision and order, the defendant, Payton Gendron, has presented good cause for a protective order that allows his counsel to review the facilities' records before those records are turned over to the government.

The Court therefore GRANTS Gendron's motion for a protective order, Docket Item 15, insofar as it requests that the records be provided to defense counsel for review before being given to the government. The facilities shall release the records to defense counsel. Defense counsel shall review the records and create a log of any records it wants to withhold, identifying the applicable privilege or right. If there is a dispute about any of the withheld records, the Court will review the disputed records in camera and will rule on whether a privilege or right applies.

As noted in the attached decision and order, the government may contact the facilities to obtain affidavits addressing their policies for notice and consent, their reasons for monitoring communications and screening correspondence, and any other relevant information. The government shall provide such affidavits to the Court and defense counsel on or before May 15, 2024. The Court will set a schedule for the preparation of a log and the production of documents to the government after the records have been provided to defense counsel. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 4/29/2024. (LAS) (Entered: 04/29/2024)

Defense discovery motions due by 5/2/2024. Government response due by 5/16/2024. Defense reply due by 6/3/2024. Government may seek leave to file a sur-reply. Oral argument will be scheduled in June 2024.

Defense constitutional motions including motions to dismiss under 18 U.S.C. § 924(c); challenges to the constitutionality of the Federal Death Penalty Act and claims that the government is categorically precluded from seeking the death penalty due to the defendants age are due 6/10/2024. Government response due by 7/19/2024. Defense reply due by 8/19/2024. Oral argument will be scheduled in September 2024.

Defense pretrial motions are due by 11/1/2024. Government response due by 11/15/2024. Defense reply due by 12/16/2024. Oral argument will be scheduled at a later date.

Defense venue motion and objections to victim impact statements are due 3/17/2025. Government response is due by 4/25/2025. Defense reply is due by 5/27/2025. Oral argument will be scheduled at a later date.

Defense submission with proposed schedule regarding Rule 12.2 submissions due by 2/16/2024. Government response due by 2/23/2024. Defense reply due by 3/1/2024. If necessary, the Court will schedule oral argument.

Parties' simultaneous submissions for jury selection are due by 2/3/2025. Parties' supplements including proposed questionnaires submitted by 4/4/2025.

Jury Selection is scheduled for 9/8/2025 at 9:30AM in U.S. District Court, 2 Niagara Square, Buffalo, NY 14202-3350.

SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/2/2024.(CMD) (Entered: 02/24/2024)

Defendant's appearance waived. Status of discovery discussed. Defendant's sealed Motion to Declare this Case Complex Pursuant to Title 18 U.S.C. Section 3161(h)(7)(B)(ii) and to Schedule a Status Conference in 90 Days discussed.

Counsel for the government set forth the timeline of this case, asked the Court to issue a Scheduling Order and proposed deadline dates to be set therein. Counsel for the defendant advised that more time is needed to review the voluminous discovery in this matter before a Scheduling Order is issued.

Court determined that this case is complex and granted defendant's motion. Status Conference set for 6/15/2023 at 10:30 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before the Hon. H. Kenneth Schroeder Jr.

Court excluded the time from 3/10/2023 to 6/15/2023 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A), (h)(7)(B)(iv) and (h)(1)(D) and also extended the time requirements set forth in the Interstate Agreement on Detainers. Counsel for defendant and counsel for government confirmed that they agree with this exclusion.

Appearances: AUSA Joseph Tripi, AUSA Brett Harvey and AUSA Laura Blakemore Gilson for the government; AFPD Anne Burger, AFPD Sonya Zoghlin and AFPD MaryBeth Covert on behalf of defendant. (Court Reporter Bonnie Weber)(LMG) (Entered: 03/10/2023)

Defendant has now been sentenced in his state court proceedings and is asking to be held temporarily in federal custody until his federal matter is disposed of. Defense counsel handed up to the Court written notice of defendant's request to exercise his right for a final disposition to be made of the federal indictment pursuant to Article III, Section 2(a) of the Interstate Agreement on Detainers. Court marked document as Court Exhibit 1.

Court asked defendant if he wishes to be temporarily held in federal custody until his federal matter is disposed of. Defendant confirmed he wishes to invoke his rights under the Interstate Agreement on Detainers to be temporarily held in federal custody until his federal matter is disposed of.

The Court previously excluded time until 3/10/2023 pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A), (h)(7)(B)(iv) and (h)(1)(D). This exclusion of time includes exclusion of the 120 day time period under Article IV, Paragraph (c) of the Interstate Agreement on Detainers.

Defendant remanded to the custody of the U.S. Marshals Service.

APPEARANCES: AUSA Joseph Tripi, AUSA Brett Harvey and Laura Gilson for the government; AFPD Anne Burger, AFPD Sonya Zoghlin and AFPD MaryBeth Covert with defendant. (Court Reporter Bonnie Weber.)(LMG) (Entered: 02/16/2023)

Clerk to Follow up (Entered: 07/27/2022)

Defendant waived reading of Indictment and entered plea of not guilty to charges set forth therein. No changed circumstances exist that would warrant the Court's reconsideration of detention at this time. Defendant remains in state custody.

Voluntary discovery to be completed by 9/2/2022. Status Conference set for 12/9/2022 at 10:30 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before the Hon. H. Kenneth Schroeder Jr. Time from 7/18/2022 to 12/9/2022 excluded for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv).

Defendant remanded to the custody of the U.S. Marshals Service for return to state custody.

Appearances: AUSA Joseph Tripi, AUSA Brendan Cullinane, AUSA Brett Harvey and Shan Patel for the government; AFPD Anne Burger, AFPD Sonya Zoghlin and AFPD MaryBeth Covert with defendant. (Court Reporter Bonnie Weber.)(LMG) (Entered: 07/18/2022)