The Federal Public Defenders’ Office is suing the Erie County District Attorney’s Office after being denied access to their file on Tops mass shooter Payton Gendron.
The attorneys representing Gendron in the ongoing federal criminal case, in which he faces the death penalty, are appealing the denial of their freedom of information law requests for the documents.
The DA’s office said in that denial that the records are subject to protective orders in both the concluded state criminal case and the ongoing federal case, and therefore can’t be released.
Spectrum News 1 reached out to the District Attorney’s office, which said it doesn’t comment on pending litigation.