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Defense wants Charleston church survivor’s testimony struck

Dylann Roof’s defense argued in court papers that comments made by one of the survivors of the shooting could influence other witnesses who were in the courtroom at the time

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In this June 18, 2015 file photo, Charleston, S.C., shooting suspect Dylann Storm Roof is escorted from the Cleveland County Courthouse in Shelby, N.C.

AP Photo/Chuck Burton, File

By Meg Kinnard
Associated Press

CHARLESTON, S.C. — Attorneys for the man charged with killing nine people during a Bible study in a Charleston church are again arguing prosecutors’ first witness tainted the case against their client.

The defense team for Dylann Roof argues in court papers filed Monday comments made by one of the survivors of the Emanuel AME Church shooting could influence other witnesses who were in the courtroom at the time.

Felicia Sanders testified last week Roof belonged in “the pit of hell.” Defense attorneys requested a mistrial, saying her testimony was suggestive he should get the death penalty.

U.S. District Judge Richard Gergel denied that motion and allowed Sanders’ testimony to remain in the record. In their new filing, Roof’s defense team asks the judge to reconsider that decision and also to instruct further witnesses to leave their opinions on potential sentences out of their testimony.

Roof faces 33 federal charges including hate crimes. He faces a possible death sentence.