CHARLESTON, S.C. _ The judge presiding over the murder trial of Dylann Roof has once again rebuffed the defense's request to strike from evidence a characterization of the accused killer by a shooting survivor.
Roof's attorneys filed the request late Sunday, asking U.S. District Judge Richard Gergel to reconsider a previous request to have the part when Felicia Sanders referred to Roof as "evil, evil, evil as can be" be discounted from testimony the jury should consider.
Roof's attorneys, led by David Bruck, also requested Gergel "publicly withdraw the Court's prior accusation that defense counsel deliberately elicited testimony from any witness for the purpose of provoking a mistrial."
Not taking "prompt and strong remedial action" by striking out Sanders' testimony and not publicly withdrawing Gergel's prior accusation will prevent a fair trial, the Sunday motion said.
Unlike he had done during previous days, however, Gergel didn't address the motion Monday morning in court. He, instead, filed a response later in the day denying the motion.
He said Sanders' comments were "relevant to the elements of malice and obstruction of the enjoyment of the free exercise of religious beliefs." Gergel also repeated that the defense "elicited Mrs. Sanders' call for (Roof) to be condemned to hell."
Gergel also again turned down the request for Roof's mental health status to be admitted into evidence. Tension between Gergel and Bruck has been apparent since testimony began on Wednesday. Gergel ended court on Monday without mentioning Bruck's motion.
Roof is facing 33 counts in the federal hate crimes trial underway in Charleston for the killing of nine black parishioners at Emanuel AME Church in Charleston on June 17, 2015.
