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Judge Denies Dylann Roof's Motion for New Trial on Federal Charges

United States District Court Judge Richard Gergel on Wednesday denied Dylann Roof's motion for a new trial or acquittal on federal charges. 

Family visit tapes show convicted murderer Dylann Roof in jail darkly joking about doing something “worse.” At times he appeared unaware of the trial that faced him. 

Charleston, SC (WLTX) - United States District Court Judge Richard Gergel on Wednesday denied Dylann Roof's motion for a new trial or acquittal on federal charges related the murder of nine parishioners at Mother Emanuel Church in Charleston.

Roof was convicted of over 33 federal charges back in December, and received the death penalty in January.

In a motion filed on February 10, Roof argued no interstate commerce connection was established because his offense was not related to commerce and he did not travel in between states or purchase items from outside of South Carolina to commit the crimes.

He also argued that charges of using a firearm during a "crime of violence" were not valid as his crimes were not "crimes of violence" as defined by federal statute.

In an order filed with the US District Court on Wednesday, Gergel cited Roof's conviction on multiple violations of the Church Arson Prevention Act of 1996, which states that intentional obstruction, by force or threat of force, of any person's enjoyment of free exercise of religious beliefs, falls within or affects interstate commerce.

Gergel also cited Roof's use of the internet to research, the telephone to contact Mother Emanuel, use of GPS navigation satellites for travel, and use of a Russia-based service to host his online manifesto as use of interstate commerce. Additionally, Gergel stated that Roof used numerous items, including hollow-point bullets, magazines, a firearm and a tactical pouch, which had been manufactured outside the state and/or traveled in interstate commerce, to kill nine parishioners.

With respect to "crimes of violence," Gergel ruled "the Court concludes that the intentional infliction of physical injury entails the use of the injurious force, and deadly force used to cause death is violent force."

Roof is currently being held at the federal death row prison in Terre Haute, Indiana.

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