CHARLESTON, S.C. _ Dylann Roof's standby attorney has called the sentencing phase of the trial a "runaway freight train" of victim testimony, arguing that he should be allowed to object on Roof's behalf in court.
Well-known anti-death penalty attorney David Bruck represented Roof during the guilt phase of his capital punishment trial, but he was sidelined for the penalty phase when Roof insisted he'd represent himself.
Yet, Roof has rarely objected to any of the testimony provided by the family members of the nine parishioners killed at Charleston's Emanuel AME Church on June 17, 2015. Roof has chosen to not ask questions of witnesses.
"He is not capable of intervening to object," Bruck told presiding judge Richard Gergel. "I have to be heard on his behalf, because he cannot do it. I have been passing notes and telling in every way I can to object. ... This man cannot protect his own rights."
Bruck said the trial is intended to determine Roof's sentence _ not a memorial to the people he's convicted of killing at Charleston's historic African-American church. So far, six witnesses have testified for the prosecution, which is seeking to have Roof put to death. The trial started Wednesday and prosecutors have said they plan to call 38 witnesses.
The issue of how much and how long witnesses are testifying about how the slayings affected them had been raised to Gergel out of the public's view.
Gergel unsealed a motion made by Roof Thursday morning alleging unfair treatment.
The motion said in part, "I ... object to the extent and depth of the (victim impact testimony), which is excessive and goes far beyond the 'snapshot testimony' that was supposed to have been offered by the prosecution," Roof wrote with the help of Bruck and his legal team.
The judge rejected the motion.
Responding to a Wednesday ruling by Gergel that Roof could object to the witnesses' testimony while they were on the stand, Roof wrote, "It is not fair to require me to make standing objections during emotional witness testimony."
The testimony on behalf of the victims has been lengthy. For example, Sen. Clementa Pinckney's widow was on the stand Wednesday for more than two hours.
Gergel rejected Bruck's request to object on a limited basis for Roof, a high school dropout who has a general equivalency degree.
Gergel noted that Roof had chosen to represent himself, and the judge said he didn't think much of the testimony was improper.
Earlier Thursday morning, however, Gergel acknowledged a motion by Roof to limit the number of victims the prosecution can call to the witness stand.
"At some point, it's too much," Gergel told lead prosecutor Jay Richardson. "I want you to revisit your strategy here, because at some point I'm going to cut you off, and I don't want to do that."
Gergel told Roof he's monitoring the length of testimony. It's the second time in two days that Gergel has warned Richardson to make his case "more efficiently."
Thursday's witnesses include Denise Quarles, daughter of Myra Thompson, and Rita Whidbee, a friend of Sharonda Coleman-Singleton, who were among those killed by Roof.
