CHARLESTON, SC (WCSC) - It's a tale of two trials. Both state and federal prosecutors are seeking the death penalty for accused Emanuel AME church shooter Dylann Roof.
There has been an ongoing battle over which court should have the chance to try him first, and it all could be settled Wednesday afternoon at the Charleston County Courthouse.
State prosecutors believe their trial against Roof is the utmost importance to citizens in Charleston County.
As it stands, the state proceeding is scheduled for Jan. 2017, two months after the federal trial.
Solicitor Scarlett Wilson says it should start before the federal trail to avoid issues with custody and carrying out Roof's sentence.
The State argues if the feds sentence Roof to life without possibility of parole, they will never get the chance to put him to death.
Part of the battle is there no legal model for this situation. Roof is believed to be the first defendant in U.S. history to be subject to state and federal death-penalty prosecutions at the same time.
In federal court Roof was indicted on 33 charges, including hate crimes. The state is charging him with attempted murder, nine counts of murder among other charges.
He is being held in the Charleston County jail.